Loading...
HomeMy WebLinkAbout2009.07.21_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: July 21, 2009 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch A Notice of the meeting and agenda filed in the office of the City Clerk and posted at City Hall at 5:00 p.m. on Friday, July 17, 2009. kk ljaifl-tm) iann M. Stevens, Deputy City Clerk AGENDA 1. Call to Order Mayor Stephen Cataudella 2. Invocation Dale Blackwood, Retired Pastor 3. Flag Salute 4. Roll Call O: \ MANAGERIAL \Agendas \Council\2009 \0721. doc Owasso City Council July 21, 2009 Page 2 5. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the July 7, 2009 Regular Meeting and July 14, 2009 Special Meeting. Attachment # 5 -A B. Approval of Claims. Attachment # 5 -B C. Acknowledgement of receiving the monthly FY 2008 -2009 budget status report. Attachment # 5 -C D. Approval of the First Amended E -911 Interlocal Agreement, creating the Regional 911 Board, to include the City of Bixby as a participating jurisdiction and other related provisions. Attachment # 5 -D 6. Consideration and appropriate action relating to items removed from the Consent Agenda. 7. Consideration and appropriate action relating to a request for Council acceptance of a Cherokee Nation Grant in the amount of $5,350 and approval of an amendment to the FY 2009 -2010 General Fund increasing estimated revenues and the appropriation for expenditures in the Police Services Budget. Mr. Rooney Attachment # 7 Staff will recommend Council acceptance of the Cherokee Nation Grant and approval of an amendment to the FY 2009 -2010 General Fund increasing estimated revenues and the appropriation for expenditures in the Police Services Budget by $5,350. Owasso City Council July 21, 2009 Page 3 8. Consideration and appropriate action relating to a request for Council approval of a budget amendment to the FY 2009 -2010 General Fund increasing estimated revenues and the appropriation for expenditures in the Community Center budget by $1,400. Mr. Lehr Attachment # 8 Staff will recommend Council approval of a budget amendment in the General Fund increasing estimated revenues and the appropriation for expenditures by $1,400 in the Community Center budget for services related to a youth art program. 9. Consideration and appropriate action relating to a request for Council acceptance of a donation from the Wal -Mart Foundation in the amount of $3,000 and approval of a budget amendment to the FY 2009 -2010 General Fund increasing estimated revenues and the appropriation for expenditures in the Police and Fire Departments. Ms. Bishop Attachment # 9 Staff will recommend Council acceptance of a donation from Wal -Mart and approval of a budget amendment in the General Fund increasing estimated revenues by $3,000 and increasing the appropriation for expenditures for the Police Department by $1,500 and the Fire Department by $1,500. 10. Consideration and appropriate action relating to a request for Council approval of Resolution No. 2009 -09, adopting an investment policy for the City of Owasso. Ms. Hess Attachment # 10 Staff will recommend Council approval of Resolution No. 2009 -09. 11. Consideration and appropriate action relating to a request for Council approval of a partial easement closure located at 10103 E. 95th Court North. Ms. Darnaby Attachment # 11 Staff will recommend Council approval of a request for the partial closure of a utility easement located in the rear yard of 10103 E. 95th Court North in order for the property owner to construct a swimming pool. Owasso City Council July 21, 2009 Page 4 12. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 941, an ordinance amending Part 1, General Provisions, Chapter 1 Section 1 -108: General Penalty of the Code of Ordinances of the City of Owasso by changing the classification of offenses and increasing the maximum court fines that may be assessed by the City of Owasso Municipal Court. Ms. Lombardi Attachment # 12 Staff will recommend Council approval of Ordinance No. 941. 13. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 942, an ordinance amending Chapter 17 of the Owasso Zoning Code, Flood Damage Prevention, as required by the Federal Emergency Management Agency. Mr. Albert Attachment # 13 Staff will recommend Council approval of Ordinance No. 942. 14. Consideration and appropriate action relating to a request for Council to award a bid for the construction of the N. 140th East Avenue Roadway Extension Project and authorization for the Mayor to execute all necessary contract documents. Mr. Albert Following a complete and thorough review of all bids received July 17, 2009, staff will provide a recommendation to the City Council regarding the award of a construction contract at the July 21, 2009 City Council meeting. 15. Consideration and appropriate action relating to a request for Council to award a bid for the purchase and installation of hardware required by the Traffic Signal Enhancement Program and authorization for the Mayor to execute all necessary contract documents. Mr. Doyle Following a complete and thorough review of all bids received July 17, 2009, staff will provide a recommendation to the City Council regarding the award of a contract at the July 21, 2009 City Council meeting. Owasso City Council July 21, 2009 Page 5 16. Report from City Manager. 17. Report from City Attorney. 18. Report from City Councilors. 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 20. Adjournment. OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, July 7, 2009 The Owasso City Council met in regular session on Tuesday, July 7, 2009 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Thursday, July 2, 2009. ITEM 1. CALL TO ORDER Mayor Cataudella called the meeting to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Reverend Natalie Ford - Cowling, First Presbyterian Church of Owasso. ITEM 3. FLAG SALUTE Councilor Bryan Stovall led the flag salute. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor Doug Bonebrake, Vice Mayor Wayne Guevara, Councilor - in at 6:34, after roll call Jon Sinex, Councilor Bryan Stovall, Councilor A quorum was declared present. STAFF Rodney Ray, City Manager ITEM 5. PRESENTATION OF CHARACTER TRAIT OF THE MONTH Larry Langford, a member of the Owasso Character Council, presented to the Council "Gentleness," the Character Trait of the Month for July, 2009. Owasso City Council July 7, 2009 ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the June 16, 2009 Regular Meeting. B. Approval of Claims. Mr. Sinex moved, seconded by Mr. Stovall, to approve the Consent Agenda with claims totaling $208,611.22. Also included for review were the healthcare self - insurance claims report and the payroll payment report for pay period 6/20/09. YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Motion carried 5 -0. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE CONSENT AGENDA No action was required on this item. ITEM 8. RECOGNITION OF THE CITY OF OWASSO EMPLOYEE OF THE QUARTER Mr. Ray introduced to Council Jennifer Ross, an employee in the City's Finance Department, as the City of Owasso Employee of the Quarter for 2 °a Quarter, 2009. ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL TO AWARD A BID TO MOLLE CHEVROLET OF OLATHE, KANSAS FOR THE PURCHASE OF AN AMBULANCE CHASSIS AND AUTHORIZATION OF PAYMENT IN THE AMOUNT OF $53,511.62 Chief Clark presented the item, recommending Council award a bid to Molle Chevrolet of Olathe, Kansas, for the purchase of an ambulance chassis and authorization of payment in the amount of $53,511.62. Mr. Bonebrake moved, seconded by Mr. Guevara, for Council to award a bid to Molle Chevrolet for the purchase of an ambulance chassis, and authorization of payment in the amount of $53,511.62, as recommended. YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Motion carried 5 -0. 2 Owasso City Council ITEM 10. REPORT FROM CITY MANAGER No report ITEM 11. REPORT FROM CITY ATTORNEY No report ITEM 12. REPORT FROM CITY COUNCILORS July 7, 2009 Mayor Cataudella said he had received some good comments regarding the City's fireworks display. Mr. Ray thanked Tim Rooney who supervised the event, along with Fire Marshall Dan Salts, and the Public Works Department for their help. The Mayor also thanked all involved in the success of the Hale Acres clean -up day held June 27- 28. ITEM 13. NEW BUSINESS None ITEM 14. ADJOURNMENT Mr. Guevara moved, seconded by Mr. Sinex, to adjourn. YEA: Bonebrake, Cataudella, Guevara, Sinex, Stovall NAY: None Motion carried 5 -0 and the meeting was adjourned at 6:58 p.m. Pat Fry, Minute Clerk 3 Stephen Cataudella, Mayor OWASSO CITY COUNCIL MINUTES OF SPECIAL MEETING Tuesday, July 14, 2009 The Owasso City Council met in a special meeting on Tuesday, July 14, 2009 in the Council Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 PM on Friday, July 10, 2009. ITEM 1: CALL TO ORDER. Mayor Cataudella called the meeting to order at 6:04 PM. PRESENT ABSENT Steve Cataudella, Mayor Doug Bonebrake, Vice Mayor Jon Sinex, Councilor Wayne Guevara, Councilor Bryan Stovall, Councilor A quorum was declared present. ITEM 2: DISCUSSION RELATING TO ADMINISTRATIVE ITEMS A. PROPOSED RENEWAL OF THE E -911 INTERLOCAL AGREEMENT B. PROPOSED ORDINANCE RELATING TO AN INCREASE IN MUNICIPAL COURT FINES C. PROPOSED INVESTMENT POLICY Ms. Bishop reviewed the above items with the Council. It was explained that all three of the above items would be forwarded to the City Council for action at the July 21, 2009 regular meeting. ITEM 3: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT ITEMS A. REQUEST FOR EASEMENT CLOSURE B. APPEAL OF DENIED ANNEXATION REQUEST OA 09 -01 Ms. Rooney reviewed both items. The Easement Closure request will be forwarded to the Council for action at the July 21, 2009 meeting. The Appeal of the Annexation Request will be forwarded to the City Council for action at the August 4, 2009 Council meeting. Staff also discussed having a neighborhood meeting for interested residents the last week of July due to concerns expressed by nearby residents. Owasso City Council July 14, 2009 ITEM 4: DISCUSSION RELATING TO PUBLIC WORKS DEPARTMENT ITEMS A. REVIEW BIDS RECEIVED FOR THE CONSTRUCTION OF N. 140TH EAST AVENUE ROADWAY EXTENTION B. REVIEW BIDS RECEIVED FOR THE INSTALLATION OF TRAFFIC SIGNAL IMPROVEMENTS C. PROPOSED AMENDMENT TO THE FLOOD DAMAGE PRVENTION ORDINANCE, AS REQUIRED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY Mr. Rooney reviewed the above items. It was explained that the bids received were within budgeted amounts for the projects, would be presented to the City Council at their regular meeting on July 21, 2009. The Flood Damage Prevention Ordinance would also be presented at that time to the Council for adoption. ITEM 5: DISCUSSION RELATING TO CITY MANAGER ITEMS A. CITY MANAGER'S REPORT Mr. Ray reviewed and led a discussion relating to Quality of Life, Bailey Ranch Golf Course information, and Sales Tax Reports. ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY MANAGER, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B)(1). Councilor Guevara motioned to enter into Executive Session, seconded by Councilor Sinex. The Council entered into Executive Session at 8:20 PM. The Council returned from Executive Session at 9:40 PM. ITEM 7 REPORT FROM CITY COUNCILORS No reports were provided. ITEM 8: ADJOURNMENT Councilor Guevara motioned for adjournment, seconded by Councilor Sinex. All were in favor and the meeting adjourned at 9:40 PM. 2 Owasso City Council July 14, 2009 Mayor Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL AEP /PSO STREET LIGHTS 14.61 CLAUDE NEON REFUND SIGN PERMITS 220.00 TOTAL GENERAL 234.61 MUNICIPAL COURT TREASURER PETTY CASH MEETING EXPENSE 27.00 TERA FOWLER TUITION REIMBURSEMENT 394.05 FRANK W AMBRUS BAILIFF SERVICES 350.00 TREASURER PETTY CASH MEETING EXPENSE 54.97 TOTAL MUNICIPAL COURT 826.02 MANAGERIAL TREASURER PETTY CASH DJ /ANNOUNCER FEES 125.00 OFFICE DEPOT INC OFFICE SUPPLIES 6.84 THE BRIDGES FOUNDATIONS DDA SUMMER CAMP 5,000.00 JPMORGAN CHASE BANK MEETING EXPENSE 249.69 CITY GARAGE CITY GARAGE OVERHEAD 83.33 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 32.58 JPMORGAN CHASE BANK MEETING EXPENSE 88.28 JPMORGAN CHASE BANK EMPLOYEE OF QUARTER AWARD 50.00 OKLAHOMA MUNICIPAL LEAGUE REGISTRATION FEES 170.00 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 124.09 TOTAL MANAGERIAL 5,929.81 FINANCE OFFICE DEPOT INC OFFICE SUPPLIES 248.61 TOTAL FINANCE 248.61 HUMAN RESOURCES OFFICE DEPOT INC OFFICE SUPPLIES 181.75 JPMORGAN CHASE BANK MEETING EXPENSE 12.25 ATWOODS DISTRIBUTING, LP ATTN: ACCT CHARACTER INITIATIVE 26.78 GREENWOOD PERFORMANCE SYSTEMS INC ASSESSMENTS 1,275.00 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 220.00 URGENT CARE OF GREEN COUNTRY, P.L.L PRE - EMPLOYMENT DRUG SCREE 418.00 JPMORGAN CHASE BANK BEST BUY - BATTERY BACKUPS 183.96 JPMORGAN CHASE BANK BEST BUY - SUPPLIES 44.98 JPMORGAN CHASE BANK MEETING EXPENSE 13.40 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 26.40 TOTAL HUMAN RESOURCES 2,402.52 GENERAL GOVERNMENT SAV -ON PRINTING & SIGNS LLC CITY LETTERHEAD ENVELOPES 310.00 IKON OFFICE SOLUTIONS, INC COPIER SERVICE & SUPPLIES 521.42 TULSA COUNTY CLERK FILING FEES 41.00 CINTAS CORPORATION CARPET -MAT CLEANING 27.18 MCAFEE & TAFT JUNE 09 LEGAL FEES - HARPER 4,404.80 HEARTLAND CONSULTING, INC CONSULTING FEES FY10 10,500.00 Page 1 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amouni GENERAL GOVERNMENT... OFFICE DEPOT INC OFFICE SUPPLIES 130.40 AMERICAN WASTE CONTROL INC FRONT LOAD SERVICE 129.00 MAILROOM FINANCE INC POSTAGE 1,000.00 COMMUNITY PUBLISHERS INC MEDIA PUBLICATION /PUBLIC 67.50 COMMUNITY PUBLISHERS INC MEDIA PUBLICATION /PUBLIC 83.70 JPMORGAN CHASE BANK OME CORP- LABELS 35.45 AT &T CONSOLIDATED PHONE BILL 646.96 JPMORGAN CHASE BANK CODE RED EXPENSES 6,000.00 NEWTON, O'CONNOR, TURNER & KETCHUM JUNE 09 LEGAL FEES -COX 387.00 AEP /PSO ELECTRIC USE 3,803.66 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 326.13 OWASSO IMAGING SOLUTIONS INC COPIER MAINTENANCE 360.00 OFFICE DEPOT INC OFFICE SUPPLIES 195.60 TOTAL GENERAL GOVERNMENT 28,969.80 COMMUNITY DEVELOPMENT RICHARD L. BYRNE II MOWING 200.00 CITY GARAGE CITY GARAGE OVERHEAD 166.66 OFFICE DEPOT INC OFFICE SUPPLIES 18.99 CITY GARAGE CITY GARAGE PARTS 28.54 JEFFREY GUS DUGAN MOWING FOR NUISANCE ABATE 300.00 TULSA COUNTY MIS MONTHLY USAGE CHARGE 30.00 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 389.32 TOTAL COMMUNITY DEVELOPMENT 1,133.51 ENGINEERING JPMORGAN CHASE BANK SHI INT'L- OFFICE 2007 632.00 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 448.79 CITY GARAGE CITY GARAGE PARTS 57.57 JPMORGAN CHASE BANK THE SIGNAL - REPLACE CELL 25.00 MINDIE L. CAMPBELL SOIL PROFILES AND CONSULT 1,500.00 JPMORGAN CHASE BANK STOWS FURNITURE -DESK 479.95 CITY GARAGE CITY GARAGE OVERHEAD 166.66 JPMORGAN CHASE BANK DRY CLEANING - UNIFORMS 5.60 JPMORGAN CHASE BANK WALMART- STORAGE BIN 27.00 TOTAL ENGINEERING 3,342.57 INFORMATION TECHNOLOGY CITY GARAGE CITY GARAGE OVERHEAD 66.66 JPMORGAN CHASE BANK CENTURION TECH - LICENSES 1,600.00 JPMORGAN CHASE BANK WALMART -TEST PHONE 8.86 JPMORGAN CHASE BANK HOSTICA- DOMAIN RENEWAL 8.95 JPMORGAN CHASE BANK SURVEY MONKEY - RENEWAL 300.00 JPMORGAN CHASE BANK SHI INT'L- SUBSCRIPTION 254.00 AEP /PSO FIBER LINE INTERSECTING 1,691.59 JPMORGAN CHASE BANK COX - INTERNET BILL 1,550.00 JPMORGAN CHASE BANK SHI INT'L- EXCHANGE 2007 4,800.00 Page 2 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amouni INFORMATION TECHNOLOGY JPMORGAN CHASE BANK DELL - LAPTOP BATTERIES 255.82 SUNGARD PUBLIC SECTOR INC. ANNUAL SYSTEM MAINTENANCE 6,437.59 SUNGARD PUBLIC SECTOR INC. ANNUAL SYSTEM MAINTENANCE 37,921.40 CITY GARAGE CITY GARAGE PARTS 147.72 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 12.98 TOTAL INFORMATION TECHNOLOGY 55,055.57 SUPPORT SERVICES ROTO- ROOTER SEWER SVCS OLD CENTRAL 136.10 JOHNSTONE SUPPLY OF OWASSO, LLC DIGITAL THERMOMETER 15.42 MURPHY SANITARY SUPPLY JANITORIAL SUPPLIES 144.74 OKLAHOMA LIGHTING DISTRIBUTORS INC LIGHT BULBS 268.50 RED BUD SERVICE, INC AIR FILTER MAINT 628.44 COX COMMUNICATIONS INTERNET SERVICE OLD CENT 69.95 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 354.07 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 20.99 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 20.99 FLYNN'S PEST CONTROL MONTHLY PEST CTRL SVCS 110.00 FLYNN'S PEST CONTROL MONTHLY PEST CTRL SVCS 85.00 CITY GLASS OF TULSA, INC RESEAL 12 LEAKING WINDOWS 708.00 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 367.82 T.H. RAINWATER, INC PORTABLE RAMP 1,470.00 MURPHY SANITARY SUPPLY JANITORIAL SUPPLIES 58.44 FLYNN'S PEST CONTROL MONTHLY PEST CTRL SVCS 110.00 CITY GARAGE CITY GARAGE PARTS 73.63 CITY GARAGE CITY GARAGE PARTS 387.13 JPMORGAN CHASE BANK SHI INT'L- OFFICE 2007 488.00 JPMORGAN CHASE BANK HOME DEPOT -GROUT SEALER 55.98 JPMORGAN CHASE BANK LOWES- PLUMBING PARTS 6.98 JPMORGAN CHASE BANK LOWES- SUPPLIES 62.02 JPMORGAN CHASE BANK GRAYBAR -CAT 5 WIRE 524.10 JPMORGAN CHASE BANK HOBBY LOBBY -OC DECOR 149.27 JPMORGAN CHASE BANK HOBBY LOBBY -OC DECOR 48.96 MURPHY SANITARY SUPPLY CLEANING SUPPLIES 29.64 OKLAHOMA DEPT OF CORRECTIONS TULSA DOC INMATE PAYROLL -JUNE 247.50 A N Z SIGNS & SHIRTS, INC DECAL 40.00 DALE & LEES SERVICE INC SERVICE CHARGE FOR A/C 5.00 CITY GARAGE CITY GARAGE OVERHEAD 233.33 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 166.96 AT &T CONSOLIDATED PHONE BILL 133.79 TREASURER PETTY CASH PARKING 10.00 DIRT BUSTER'S INC. MONTHLY PKG LOT CLNG 135.00 TRANE U.S. INC REBUILDING BOILER PUMPS 1,300.00 WAYNE R GAYLORD REPAIR & MAINT SERVICES 75.00 LIGHTING, INC LIGHT BULBS 222.40 JPMORGAN CHASE BANK LOWES -MULCH OC 200.25 Page 3 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amouni SUPPORT SERVICES... JPMORGAN CHASE BANK LOCKE SUPPLY - RECEPTACLE 2.41 JPMORGAN CHASE BANK LOWES -DOOR STOP 3.56 JPMORGAN CHASE BANK P & K EQUIP- STRING 56.99 JPMORGAN CHASE BANK MILL CREEK -TILES 240.92 JPMORGAN CHASE BANK KUM & GO -WATER FOR PD 4.33 JPMORGAN CHASE BANK KUM & GO- RETURNS -4.33 HOLDER'S INC. SVC CALL INSTALL LOCK 167.50 JPMORGAN CHASE BANK LOWES- BATTERIES 16.80 TOTAL SUPPORT SERVICES 9,651.58 CEMETERY VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 26.28 AEP /PSO ELECTRIC USE 34.15 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 60.16 TOTAL CEMETERY 120.59 POLICE SERVICES JPMORGAN CHASE BANK BEST BUY -HDD BACKUPS 114.68 JPMORGAN CHASE BANK WALMART -CARD READER 48.16 JPMORGAN CHASE BANK FREEDOM DISPLAY -CASES 403.00 JPMORGAN CHASE BANK LODGING EXPENSE 535.00 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 8,541.94 INFORMATION TECHNOLOGIES, INC ZEBRA PRINTERS 3,228.00 CITY GARAGE CITY GARAGE PARTS 2,783.30 JPMORGAN CHASE BANK SAFARILAND -TEST KITS 354.99 JPMORGAN CHASE BANK PATROL TECH - UNIFORMS 133.00 JPMORGAN CHASE BANK PATROL TECH - UNIFORMS 58.00 JPMORGAN CHASE BANK PATROL TECH - UNIFORMS 1,599.41 JPMORGAN CHASE BANK PATROL TECH - COLLAR BRASS 20.00 JPMORGAN CHASE BANK PATROL TECH - UNIFORMS 196.65 JPMORGAN CHASE BANK PATROL TECH - UNIFORMS 283.00 DONALD L TAYLOR RE -KEY DESK 48.00 ARAMARK UNIFORM & CAREER APPAREL ONE TACTICAL HOLSTER 166.69 ARAMARK UNIFORM & CAREER APPAREL ONE TACTICAL HOLSTER 40.38 JPMORGAN CHASE BANK MEETING EXPENSE 55.18 OWASSO FITNESS ZONE, INC PHYSICAL FITNESS PROGRAM 225.00 AT &T CONSOLIDATED PHONE BILL 487.69 JPMORGAN CHASE BANK OK LEATHER - UNIFORM 95.95 CITY GARAGE CITY GARAGE OVERHEAD 4,583.33 JPMORGAN CHASE BANK ONEOK- DRIVER DEPOSITION 8.43 JPMORGAN CHASE BANK ONEOK- DRIVER DEPOSITION 8.57 LANGUAGE LINE SERVICES TRANSLATION SERVICES 16.85 JPMORGAN CHASE BANK MEETING EXPENSE 29.97 JPMORGAN CHASE BANK PATROL TECH - UNIFORM 199.00 JPMORGAN CHASE BANK MEETING EXPENSE 6.75 JPMORGAN CHASE BANK WALMART -FIRST AID KITS 30.51 JPMORGAN CHASE BANK MEETING EXPENSE 79.63 Page 4 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amouni POLICE SERVICES... JPMORGAN CHASE BANK MIDWEST TROPHY - BADGES 142.58 JPMORGAN CHASE BANK OK POLICE SUPPLY -TAGS 17.85 JPMORGAN CHASE BANK MEETING EXPENSE 4.58 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY10 140.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 175.59 OWASSO IMAGING SOLUTIONS INC COPIER MAINTENANCE 360.00 TREASURER PETTY CASH MILEAGE 47.85 AEP /PSO ELECTRIC USE 2,588.75 JPMORGAN CHASE BANK WALMART- SUPPLIES 22.32 JPMORGAN CHASE BANK OACP- CONFERENCE 225.00 OFFICE DEPOT INC OFFICE SUPPLIES 478.04 TOTAL POLICE SERVICES 28,583.62 POLICE -DOJ VEST GRANT A UNIFORM & CAREER APPAREL HAMRICK- PROTECTIVE VEST 560.00 JPMORGAN CHASE BANK PATROL TECH -VEST 450.00 TOTAL POLICE -DOJ VEST GRANT 1,010.00 POLICE COMMUNICATIONS JPMORGAN CHASE BANK OFFICE DEPOT -INK CARTRIDG 121.96 JPMORGAN CHASE BANK WALMART- SUPPLIES 11.47 JPMORGAN CHASE BANK WALMART- PRISONER FOOD 163.72 ANNE K. KARN SPAYING & NEUTERING 570.00 OFFICE DEPOT INC OFFICE SUPPLIES 189.32 JPMORGAN CHASE BANK WALGREENS- PRISONER MEDS 44.28 AEP /PSO ELECTRIC USE 138.83 JPMORGAN CHASE BANK LOWES -WALL PLATES 40.29 JPMORGAN CHASE BANK WALMART- SUPPLIES 52.88 JPMORGAN CHASE BANK WALMART- PRISONER MEALS 110.68 TOTAL POLICE COMMUNICATIONS 1,443.43 ANIMAL CONTROL OFFICE DEPOT INC OFFICE SUPPLIES 45.94 AEP /PSO ELECTRIC USE 282.32 CITY GARAGE CITY GARAGE OVERHEAD 166.66 FULLERTON HYDRO -TEST INC. ANIMAL CONTROL SUPPLIES 36.50 HILL'S PET NUTRITION SALES, INC ANIMAL SHELTER FOOD 26.25 HILL'S PET NUTRITION SALES, INC FOOD FOR ANIMAL SHELTER 26.25 AT &T CONSOLIDATED PHONE BILL 40.99 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 239.49 TOTAL ANIMAL CONTROL 864.40 FIRE SERVICES FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 1,741.77 ASSOCIATED PARTS & SUPPLY, INC VENT MOTOR FIRE STATION 2 101.25 CITY GARAGE CITY GARAGE PARTS 2,366.53 JPMORGAN CHASE BANK LOWES -FLOOR DRY 90.86 JPMORGAN CHASE BANK NFPA- ANNUAL SUBSCRIPTION 787.50 Page 5 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amouni FIRE SERVICES... JPMORGAN CHASE BANK BUMP TO BUMP -FLOOR DRY 16.93 AT &T CONSOLIDATED PHONE BILL 20911 TREASURER PETTY CASH TRAVEL EXPENSE 15.45 OWASSO FITNESS ZONE, INC USE OF GYM AND EQUIPMENT 375.00 OVERHEAD DOOR CO. OF TULSA, INC REPAIR OF BAY DOOR 191.68 CITY GARAGE CITY GARAGE OVERHEAD 1,166.66 NORTH AMERICA FIRE EQUIPMENT CO. REPAIR PARTS 122.60 TRANE U.S. INC REPAIR & MAINTENANCE SVCS 541.00 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 508.78 OFFICE DEPOT INC OFFICE SUPPLIES 993.57 TREASURER PETTY CASH PER DIEM /4 FIREFIGHTERS 1,287.00 AEP /PSO ELECTRIC USE 3,262.52 TREASURER PETTY CASH TAG 38.50 JPMORGAN CHASE BANK KOHL'S- UNIFORM APPAREL 141.10 JPMORGAN CHASE BANK BUMPER TO BUMPER -PLUGS 4.20 TOTAL FIRE SERVICES 13,962.01 EMERGENCY PREPAREDNES JPMORGAN CHASE BANK LOWES- SHEETROCK 226.56 JPMORGAN CHASE BANK LOWES -PAINT 94.20 JPMORGAN CHASE BANK LOWES -TILE 626.53 JPMORGAN CHASE BANK BEST BUY - CAMERA 198.97 AEP /PSO ELECTRIC USE 91.70 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 42.10 AT &T CONSOLIDATED PHONE BILL 21.76 OFFICE DEPOT INC OFFICE SUPPLIES 32.60 JPMORGAN CHASE BANK SHI INT'L- OFFICE 2007 244.00 JPMORGAN CHASE BANK DELL - SOUNDBAR 21.46 TOTAL EMERGENCY PREPAREDNESS 1,599.88 STREETS JPMORGAN CHASE BANK STEVES WHOLESALE -TOOLS 319.29 GEORGE & GEORGE SAFETY & GLOVE SAFETY SUPPLIES AND GLOVE 45.04 UNIFIRST HOLDINGS LP UNIFORM SERVICE 38.62 OWASSO TOP SOIL YARD DIRT 120.00 CITY GARAGE CITY GARAGE PARTS 1,433.78 UNIFIRST HOLDINGS LP UNIFORM SERVICE 40.17 JPMORGAN CHASE BANK WHITE STAR -TOOLS 46.37 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 1,139.37 JPMORGAN CHASE BANK DELL - KEYBOARD 11.99 AEP /PSO STREET LIGHTS 4,184.09 APAC- OKLAHOMA, INC. ASPHALT 131.21 SIGNALTEK INC TRAFFIC SIGNAL REPAIR 2,455.00 EQUIPMENT ONE RENTAL & SALES, INC. SOD CUTTER RENTAL 79.33 QUALITY TIRE & AUTO SERVICE, LLC TIRE REPAIRS 15.00 ATWOODS DISTRIBUTING, LP ATTN: ACCT SIGN HARDWARE 15.67 MILL CREEK LUMBER & SUPPLY FORM BOARDS 20.00 Page 6 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amouni STREETS... EQUIPMENT ONE RENTAL & SALES, INC. PROPANE FOR HOT BOX 61.38 APAC- OKLAHOMA, INC. TYPE C ASPHALT 85.63 CITY GARAGE CITY GARAGE OVERHEAD 1.166.66 PINKLEY SALES CONTROLLERS 12,219.00 MILL CREEK LUMBER & SUPPLY SUPPLIES 29.98 AEP /PSO ELECTRIC USE 927.85 AMERICAN ELECTRIC POWER STREET LIGHTS @ MAIN ST 1,000.00 AMERICAN ELECTRIC POWER ST LIGHTS @ SILVER CREEK 513.00 TOTAL STREETS 26,098.43 STORMWATER TREASURER PETTY CASH PER DIEM 35.04 JPMORGAN CHASE BANK TRAVEL EXPENSE 14.91 JPMORGAN CHASE BANK TRAVEL EXPENSE 13.83 JPMORGAN CHASE BANK LODGING EXPENSE 298.35 JPMORGAN CHASE BANK TRAVEL EXPENSE 10.58 CITY GARAGE CITY GARAGE OVERHEAD 1,166.66 JPMORGAN CHASE BANK LOWES -TRASH BAGS 30.56 CHANDLER MATERIALS CO, INC. PIPES 4,485.25 P & K EQUIPMENT, INC EDGER BLADE 135.50 P & K EQUIPMENT, INC BUSHING FOR EDGER 15.21 TREASURER PETTY CASH TRAVEL EXPENSE 31.00 JPMORGAN CHASE BANK DELL - KEYBOARD 23.98 JPMORGAN CHASE BANK BUMP TO BUMP -BELTS 10.50 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 1,180.10 UNIFIRST HOLDINGS LP UNIFORM SERVICE 47.25 JPMORGAN CHASE BANK ATWOODS -LIFT PINS 11.37 JPMORGAN CHASE BANK TRAVEL EXPENSE 32.00 JPMORGAN CHASE BANK HOME DEPOT- SKIDSTEER 533.50 CITY GARAGE CITY GARAGE PARTS 98.35 OWASSO TOP SOIL YARD DIRT 60.00 UNIFIRST HOLDINGS LP UNIFORM SERVICE 47.25 JPMORGAN CHASE BANK LOWES- SPRINKLER HEADS 10.71 OWASSO TOP SOIL YARD DIRT 60.00 GEORGE & GEORGE SAFETY & GLOVE SAFETY SUPPLIES AND GLOVE 45.04 JPMORGAN CHASE BANK TRUCK QUIP -SIDE BOXES 1,014.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 18.83 TOTAL STORMWATER 9,429.77 PARKS JPMORGAN CHASE BANK LOWES -LOCKS 15.84 CITY GARAGE CITY GARAGE PARTS 272.02 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 440.80 AT &T CONSOLIDATED PHONE BILL 170.12 ALL MAINTENANCE SUPPLY, INC TISSUE /PAPER TOWELS 603.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL /CLEANING 16.73 BRIAN DRENTHE PARK MOWINGS 1,139.00 Page 7 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amounl PARKS... CITY GARAGE CITY GARAGE OVERHEAD 250.00 WASTE MANAGEMENT QUARRY LANDFILL REFUSE SERVICE 126.76 ROGERS COUNTY RURAL WATER DISTRICT WATER SERVICE 143.50 TAQWA MU -MIN PARK MOWINGS 1,266.00 JPMORGAN CHASE BANK LIBERTY FLAGS -PARK FLAGS 880.00 TREASURER PETTY CASH PARK REFUNDNVEBB 25.00 AEP /PSO ELECTRIC USE 1,745.48 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 182.50 JPMORGAN CHASE BANK EQUIP ONE -MOWER PARTS 207.10 JPMORGAN CHASE BANK MURRY WOMBLE- DEADLOCK 76.00 BRYAN K. BLOUNT SKATE PARK MOWINGS 225.00 LELAND BARTEL MCCARTY PARK MOWINGS -JUNE 429.00 COY EVERETT BROWN MOTOR OVERLOAD RELAY 225.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL /CLEANING 16.73 ALL MAINTENANCE SUPPLY, INC RESTROOM SUPPLIES 244.80 MARSHA ANN SMITH RESTROOM CLEANINGS 1,350.00 TOTAL PARKS 10,050.38 GF - CDBG07 RAYOLA RR WORLEYS GREENHOUSE & NURSERY, INC TREES -CDBG 397.20 TOTAL GF - CDBG07 RAYOLA RR 397.20 COMMUNITY CENTER WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 956.88 AT &T CONSOLIDATED PHONE BILL 122.72 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 121.26 CITY GARAGE CITY GARAGE OVERHEAD 33.33 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 92.53 AEP /PSO ELECTRIC USE 1,401.49 TOTAL COMMUNITY CENTER 2,728.21 HISTORICAL MUSEUM AEP /PSO ELECTRIC USE 188.73 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 50.06 JPMORGAN CHASE BANK MUSEUM ASSOCIATION DUES 35.00 AT &T CONSOLIDATED PHONE BILL 71.76 TREASURER PETTY CASH MILEAGE /BOUTWELL 32.73 TOTAL HISTORICAL MUSEUM 378.28 ECONOMIC DEV JPMORGAN CHASE BANK WEB SCRIBBLE - MONTHLY FEE 19.99 JPMORGAN CHASE BANK MEETING EXPENSE 31.77 JPMORGAN CHASE BANK WALL STREET JOURNAL RENEW 149.00 OFFICE DEPOT INC OFFICE SUPPLIES 144.72 CITY GARAGE CITY GARAGE OVERHEAD 83.33 TREASURER PETTY CASH MEETING EXPENSE 6.50 Page 8 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description jPayment Amounl TOTAL ECONOMIC DEV 435.31 204,896.11 FUND GRAND TOTAL AMBULANCE JPMORGAN CHASE BANK ALLMED- SUPPLIES 1,297.36 JPMORGAN CHASE BANK ALLMED- SUPPLIES 27.81 JPMORGAN CHASE BANK ALLMED- SUPPLIES 1,372.68 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 98.04 CITY GARAGE CITY GARAGE OVERHEAD 1,250.00 JPMORGAN CHASE BANK BOUND TREE - RETURN - 767.60 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 98.04 FLEETCOR TECHNOLOGIES FUELMAN - JUNE 09 1,348.11 URGENT CARE OF GREEN COUNTRY, P.L.L IMMUNIZATIONS 135.00 URGENT CARE OF GREEN COUNTRY, P.L.L IMMUNIZATIONS 135.00 TOTAL AMBULANCE 4,994.44 4,994.4 FUND GRAND TOTAL E911 COMMUNICATIONS AT &T MAPPING EQUIP FOR MAY'09 302.05 INCOG -E911 MONTHLY E911 BILLING 4,479.14 AT &T CONSOLIDATED PHONE BILL 274.47 AT &T E911 SERVICES FOR JUNE 427.47 AT &T E911 SERVICES FEB -APR 306.58 TOTAL RADIO INC MONTHLY RADIO MAINT SVC 285.00 AT &T E911 MAPPING JULY 2009 406.88 TOTAL E911 COMMUNICATIONS 6,481.59 6,481.5 FUND GRAND TOTAL HOTEL TAX - ECON DEV JPMORGAN CHASE BANK DISPLAY SALES - BANNERS 2,160.00 TOTAL HOTEL TAX - ECON DEV 2,160.00 STRONG NEIGHBORHOODS JPMORGAN CHASE BANK ATWOODS- GLOVES 10.74 OFFICE DEPOT INC OFFICE SUPPLIES 58.26 JPMORGAN CHASE BANK SHI INT'L- OFFICE 2007 316.00 JPMORGAN CHASE BANK BEST BUY -USB CABLE 12.98 JPMORGAN CHASE BANK LOWES- PLUMBING OC OFFICE 14.72 JPMORGAN CHASE BANK WALMART- EXTENSION CORD 7.67 L & M OFFICE FURNITURE, INC OFC FURNITURE NEIGH COORD 3,637.67 JPMORGAN CHASE BANK LOWES- CARPET GLUE 9.34 JPMORGAN CHASE BANK LOWES -PAINT OC OFFICE 11.98 JPMORGAN CHASE BANK LOWES -WALL PLATE 194 JPMORGAN CHASE BANK BEST BUY - BACKUP UPS 49.91 Page 9 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amounl STRONG NEIGHBORHOODS.. JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 28.18 JPMORGAN CHASE BANK MILL CREEK - CARPET 1,391.00 JPMORGAN CHASE BANK BEST BUY - RETURN OF TAX -3.92 TOTAL STRONG NEIGHBORHOODS 5,548.47 7,708.4 FUND GRAND TOTAL CDBG - PARKS - CDBG -07 RE WORLEYS GREENHOUSE & NURSERY, INC TREES -CDBG 287.80 TOTAL CDBG - PARKS - CDBG -07 RE 287.80 287.8 FUND GRAND TOTAL CI - 106 /GARNETT INTERSEC PSA- DEWBERRY INC ENGINEERING SERVICES 30,233.50 TOTAL CI - 106 1GARNETT INTERSEC 30,233.50 CI - TRAFFIC SIGNAL ENHAN TRAFFIC ENGINEERING CONSULTANTS, INC TRAFFIC SIGNAL IMPROVEMEN 11,227.50 TOTAL CI - TRAFFIC SIGNAL ENHAN 11,227.50 41,461.0 FUND GRAND TOTAL CITY GARAGE T & W TIRE, LP TRASH TRUCK TIRES - 1,845.34 JPMORGAN CHASE BANK FORD - REPAIR PARTS 936.33 WAL -MART CORP SAMS CLUB 77150903608 OPERATING SUPPLIES 19.87 T & W TIRE, LP TRASH TRUCK TIRES 1,845.34 AT &T CONSOLIDATED PHONE BILL 40.98 OCT EQUIPMENT, LLC PARTS 603.97 ATC FREIGHTLINER GROUP PARTS FOR LADDER TRUCK 1,144.16 LENOX WRECKER SERVICE INC TOWING 366.00 B & M OIL COMPANY INC OIL & FLUIDS 1,700.60 ROSS M LEWIS MUFFLERS 50.00 T & W TIRE, LP TIRES 948.40 T & W TIRE, LP TRASH TRUCK TIRES 739.76 CLASSIC CHEVROLET, INC. MIRROR 51.29 O'REILLY AUTOMOTIVE INC SHOP SUPPLIES 11.99 O'REILLY AUTOMOTIVE INC PARTS FOR RESALE 1,120.25 FRN OF TULSA, LLC UNITED FORD VEHICLE PARTS FOR RESALE 214.18 FRN OF TULSA, LLC UNITED FORD VEHICLE PARTS FOR RESALE 260.09 FRN OF TULSA, LLC UNITED FORD VEHICLE PARTS FOR RESALE 157.44 DARO ENTERPRISES, INC CAR WASH SOAP CITY GARAGE 210.00 FRONTIER INTERNATIONAL TRUCKS, INC VEHICLE PARTS FOR RESALE 184.25 FRONTIER INTERNATIONAL TRUCKS, INC VEHICLE PARTS FOR RESALE 125.44 FRONTIER INTERNATIONAL TRUCKS, INC VEHICLE PARTS FOR RESALE 296.56 FRONTIER INTERNATIONAL TRUCKS, INC VEHICLE PARTS FOR RESALE 25.941 Page 10 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amouni CITY GARAGE... MYERS TIRE SUPPLY VEHICLE PARTS FOR RESALE 162.18 AMERIFLEX HOSE & ACCESSORIES, LLC PARTS FOR ASPHALT MACHINE 87.68 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 35.69 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 35.69 O'REILLY AUTOMOTIVE INC VEHICLE REPAIR PARTS 681.58 RANDY STARK BREAK B GONE WINDSHIELD REPL PW TRUCK 205.00 FRONTIER INTERNATIONAL TRUCKS, INC PARTS FOR LADDER TRUCK 1,293.48 JPMORGAN CHASE BANK LOWES- GARAGE DOOR OPENER 34.97 JPMORGAN CHASE BANK LOWES -PARTS 23.34 JPMORGAN CHASE BANK ROBT BOSCH- VEHICLE SCAN 3,072.50 O'REILLY AUTOMOTIVE INC HYDRAULIC LIFTS 769.98 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 63.27 AEP /PSO ELECTRIC USE 407.39 FRONTIER INTERNATIONAL TRUCKS, INC PARTS FOR DUMP TRUCK - 158.47 FRONTIER INTERNATIONAL TRUCKS, INC PARTS FOR DUMP TRUCK 158.47 TOTAL CITY GARAGE 16,080.25 FUND GRAND TOTAL 16,080.2 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WC- CLAIMS RELATED EXP. 289.00 CITY OF OWASSO IMPREST ACCOUNT WC- CLAIMS RELATED EXP. 289.00 CITY OF OWASSO IMPREST ACCOUNT SETTLEMENT 289.00 TOTAL WORKERS' COMP SELF -INS 867.00 WORKERS' COMP SELF -INS OK TAX COMMISSION SPECIAL TAX UNIT 3RD QUARTER 2008 TAX PMT 1,878.81 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 289.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 866.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 63.15 CITY OF OWASSO IMPREST ACCOUNT WC- CLAIMS RELATED EXP. 866.00 CITY OF OWASSO IMPREST ACCOUNT WC- CLAIMS RELATED EXP. 289.00 CITY OF OWASSO IMPREST ACCOUNT WC- CLAIMS RELATED EXP. 866.00 CITY OF OWASSO IMPREST ACCOUNT WC- CLAIMS RELATED EXP. 289.00 UNITED SAFETY & CLAIMS INC WC -TPA MONTHLY ADMIN FEES 1,550.00 NEWTON, O'CONNOR, TURNER & KETCHUM JUNE 09 LEGAL FEES - THOMAS 430.00 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 918.50 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 2,008.63 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 41175 CITY OF OWASSO IMPREST ACCOUNT WORK COMP CLAIMS 200.00 TOTAL WORKERS' COMP SELF -INS 10,927.84 FUND GRAND TOTAL 11,794.8 GEN LIAB -PROP SELF INS JEANETTE RUTH FRANGER AND FRANGER VS TOWNSEND 19,900.00 Page 11 Claims List 07/21/09 Budget Unit Title Vendor Name Payable Description Payment Amount GEN LIAB -PROP SELF INS... MCAFEE & TAFT DRIVER VS CITY, ET AL 7,143.75 MCAFEE & TAFT DRIVER VS CITY, ET AL 3,465.30 ATKINSON, HASKINS, NELLIS, BRITTING ATTORNEY FEES - FRANGER 577.01 ATKINSON, HASKINS, NELLIS, BRITTING ATTORNEY FEES - SPARKS 1,061.17 TOTAL GEN LIAB -PROP SELF INS 32,147.23 32,147.2 FUND GRAND TOTAL CITY GRAND TOTAL $325,851.73 Page 12 CITY OF OWASO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 7/21/09 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 50,785.64 HEALTHCARE MEDICAL SERVICE 36,077.27 HEALTHCARE MEDICAL SERVICE 37,927.22 HEALTHCARE MEDICAL SERVICE 8,312.34 HEALTHCARE DEPT TOTAL 133,102.47 DELTA DENTAL DENTAL MEDICAL SERVICE 1,601.40 DENTAL MEDICAL SERVICE 2,599.90 ADMIN FEES 2,115.00 DENTAL DEPT TOTAL 6,316.30 VSP VISION MEDICAL SERVICES 2,098.04 VISION DEPT TOTAL 2,098.04 HEALTHCARE SELF INSURANCE FUND TOTAL 141,516.81 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 07/04/09 Department Payroll Expenses Total Expenses Municipal Court 4,586.32 6,135.19 Managerial 19,385.49 26,018.82 Finance 13,286.45 19,035.97 Human Resources 6,152.82 9,108.80 Community Development 10,817.79 14,722.72 Engineering 13,177.61 19,288.19 Information Systems 9,300.23 14,261.07 Support Services 7,518.65 11,277.45 Police 134,785.82 182,301.82 Central Dispatch 10,916.79 17,067.05 Animal Control 2,377.16 3,548.10 Fire 91,915.06 132,039.61 Emergency Preparedness 2,798.43 4,068.43 Streets 7,245.70 11,583.88 Stormwater /ROW Maint. 8,402.27 12,273.87 Park Maintenance 8,020.03 11,937.85 Community- Senior Center 2,775.00 4,289.41 Historical Museum 2,054.82 2,783.40 Economic Development 3,589.32 4,929.70 General Fund Total 359,105.76 506,671.33 Garage Fund Total 4,103.60 6,060.14 Ambulance Fund Total 19,212.31 27,492.24 Emergency 911 Fund Total 3,638.96 5,688.90 Worker's Compensation Total 907.60 1,138.52 Strong Neighborhoods 2,077.12 3,060.07 CITY OF OWASSO GENERALFUND FISCAL YEAR 2008 -2009 Statement of Revenues & Expenditures As of June 30, 2009 "" REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTAL REVENUES EXPENDITURES: Personal services Materials & supplies Other services Capital outlay MONTH YEAR 15,064,136 TO -DATE TO -DATE BUDGET 297,495 $ 1,519,099 $ 19,047,851 $ 18,938,000 19,311 237,020 334,500 55,703 882,551 705,797 34,173 449,522 492,700 60,196 668,946 689,000 4,982 171,408 98,331 11693,464 (17,401,000) 99.69% 21,258,328 21,457,299 965,751 11,678,127 12,015,589 87,689 701,558 785,403 246,903 1,768,212 1,860,183 95,626 916,239 1,342,756 PERCENT 100.58% 70.86% 125.04% 91.24% 97.09% 174.32% 100.94% 97.19% 89.32% 95.06% 68.24% TOTAL EXPENDITURES 1,395,969 15,064,136 16,003,931 94.13% REVENUES OVER EXPENDITURES 297,495 121.67% 5,254,397 6,393,163 TRANSFERS IN (OUT): Transfers in 864,915 11,000,018 11,095,000 99.14% Transfers out (1,393,017) (17,347,142) (17,401,000) 99.69% TOTAL TRANSFERS (528,102) (6,347,124) (6,306,000) 100.65% NET CHANGE IN FUND BALANCE (230,607) (1,051,603) 46,039 FUND BALANCE (GAAP Basis) Beginning Balance Ending Balance FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance 4,768,528 $ 4,814,567 3,251,875 3,251,875 $ 3,297,914 $ 2,200,272 "Note: Report is not final for fiscal year end. Accounts payable are still in process. MEMORANDUM TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: LARRY WHITE DIRECTOR, SUPPORT SERVICES SUBJECT: FIRST AMENDED E -911 INTERLOCAL AGREEMENT DATE: July 17, 2009 BACKGROUND: In 1989, the City of Owasso, together with the surrounding communities of the Tulsa Metropolitan Area, executed the first " Interlocal Agreement" with Southwestern Bell Telephone and established "Enhanced" 911 Emergency Telephone service. The "Enhanced" 911 service replaced the traditional 911 system, which only rang directly into the Police Department and did not display the name or address of the caller using the system. The upgrade to the 911 system has proved invaluable, as the location of the emergency is displayed in a matter of seconds, thus enabling emergency personnel to have the exact location of the call. The Interlocal Agreement requires that all community governments that participate in the E -911 system must jointly fund the system. Collecting a surcharge on local telephone bills accomplishes this. Owasso collects a 5% surcharge on the base telephone bill of each resident that has telephone service. In 2006, the Regional 911 Board had to be restructured. This resulted from changes in jurisdictions purchasing new 911 equipment and services to become Phase 2 compliant. Phase 2 compliance allowed each jurisdiction the ability to locate wireless calls. A new Interlocal Agreement dated June 19, 2006, was executed by the participating jurisdictions. REQUESTED ACTION: The Regional 911 Board has recently voted to add the City of Bixby to the list of Members to the Interlocal Agreement in order to better facilitate the delivery of Enhanced 911 services throughout the Tulsa Metropolitan Area. The Board has also voted to change the date for the adoption of a budget resolution from April 1 to March 1 each year in order to facilitate the budgeting process in each jurisdiction. Exhibit A has been updated with the proportional share for each jurisdiction including Bixby. For these reasons the entire Interlocal Agreement has been replaced with the "First Amended Interlocal Agreement ". Each jurisdiction needs to approve the First Amended Interlocal Agreement. RECOMMENDATION: Staff recommends City Council approval of the First Amended Interlocal Agreement. ATTACHMENT: 1. First Amended Interlocal Agreement FIRST AMENDED INTERLOCAL AGREEMENT The Interlocal Agreement creating the Regional 9 -1 -1 Board was approved by the Attorney General on June 19, 2006. The Board has voted to add Bixby as a Member in order to better facilitate the delivery of enhanced 9 -1 -1 services throughout Tulsa County and the region. The date for the adoption of a budget resolution has been changed from April 1 to March 1 in order to better facilitate the budgeting process in each jurisdiction. Exhibit A has been updated with the proportional shares for each jurisdiction with Bixby included. In all other respects, the First Amended Interlocal Agreement is identical to the original. In consideration of mutual promises herein contained, the Interlocal Agreement creating the Regional 9 -1 -1 Board is hereby amended by striking the entire agreement and substituting the following: THIS AGREEMENT is entered into by and between the following parties: City of Bixby City of Claremore City of Collinsville City of Glenpool City of Jenks City of Owasso (Members) City of Sand Springs City of Sapulpa Town of Skiatook City of Tulsa Rogers County WHEREAS pursuant to 74 O.S. §1001 et seq., the Members are authorized to enter into an Interlocal Agreement for the purpose of jointly cooperating for their mutual advantage; and WHEREAS the Members desire to share in the purchase of 911 related equipment, networking and database services in order to save money and enhance interoperability in case of a mass emergency, THEREFORE, in consideration of the mutual obligations and benefits described herein, the parties hereby enter into this Agreement as follows. 1. REGIONAL 911 BOARD CREATED A. There is hereby created by this Agreement a Board to be known as the Regional 911 Board, (Board) consisting of duly appointed representatives 1 from each of the Members. The Board shall have the powers and duties outlined below. Quorum, voting procedures, representation on the Board, attendance, minutes of the meeting, officers, terms of office, committees, and all other operational issues shall be specifically regulated in the by -laws of the Board, which must be approved by the Board by a majority vote of the Members. A representative of the Indian Nations Council of Governments (INCOG) shall be a nonvoting member of the Board. B. The Board shall designate the time and place of all meetings, which shall be held no less frequently than quarterly and which shall be conducted in compliance with the Oklahoma Open Meetings Act. II. PURPOSE A. The purpose of the Regional 911 Board shall be to cooperate in the efficient administration of all 911 related duties in the jurisdictions represented by the Members. The Board shall purchase 911 equipment and services in order to receive and to correctly route 911 calls to the appropriate jurisdiction. Costs for the purchase and on -going use of that equipment and services shall be shared among the Members in the manner more specifically set out below. B. Each Member, not the Board, will be responsible for the daily operation of its 911 center, the delivery of 911 services, and interacting with vendors regarding equipment or service problems in its 911 center. C. The Members may also share administrative, monitoring, mapping, addressing, database maintenance, training or other functions as the Board recommends from time to time, in a manner more specifically set out in a memorandum of understanding. D. The Board may also share information, advise of legislative policy issues, and share best practices with its Members, jurisdictions that subcontract with Members for 911 services, and representatives of other jurisdictions attending Board meetings. Ili. PAYMENT OF COSTS A. Each Member shall pay its share of equipment and other agreed -to costs in proportion to the population of each Member as compared to the population of all Members combined. B. A list of the proportionate shares and the costs for each Member for the Initial Term (from the date of approval by the Attorney General until 2 June 30, 2006) is attached hereto and incorporated herein as Exhibit A. Members shall make monthly payments to the Board of the costs for the Initial Term divided by the number of months remaining in the Initial Term. In subsequent fiscal year terms, monthly payments of one - twelfth of the annual cost shall be paid to the Board on or before the first date of each month of the term. Payments shall be mailed or delivered to the authorized notice address for the Board. C. The Board will revise its population calculations and cost sharing proportions annually, using population estimates provided by INCOG. Each Member will be notified in writing of the revised percentages and its proposed annual cost in sufficient time to allow funds to be budgeted and appropriated for the upcoming fiscal year by each Member. D. Nothing in this Agreement imposes or implies any duty for any Member to indemnify the Board or any other Member or to contribute more than its agreed upon proportional share as outlined in this Agreement or in a memorandum of understanding entered into by the Members. Nothing in this Agreement obligates any Member to pay costs in excess of the amount set forth on Exhibit A or the amount agreed to prior to the beginning of each fiscal year for which funds have been appropriated by that Member's governing body. A Member shall be obligated to pay costs in excess of the amount set forth on Exhibit A or the amount agreed upon prior to the beginning of each fiscal year only upon the Member's execution of a written agreement and a sufficient appropriation of funds by the Member's governing body. IV. MEMORANDA OF UNDERSTANDING The Members may, from time to time, agree to share other 91 1- related duties including, but not limited to contract administration, contract monitoring, mapping, addressing, training or administrative duties. The Board may recommend memoranda of understanding setting forth the additional duties, the proposed proportional cost and terms for cost sharing, however, no Member shall be obligated to participate in or to pay for additional duties until it has approved each memorandum of understanding and its governing body has appropriated sufficient funds to pay the additional costs. V. BUDGETING On or before March 1 , the Board shall adopt by resolution a proposed budget for the upcoming fiscal year. The budget shall include revised population estimates for the upcoming year, an itemization of annual 3 equipment costs, an itemization of each jurisdiction's proportional share of the equipment costs, a detailed explanation for any and all additional costs to be shared during the upcoming fiscal year and the proportional share of those costs attributable to each jurisdiction. VI. DUTIES OF THE BOARD A. The duties of the Board shall include the following: 1 . Purchase 911 equipment and services. 2. Enter into contracts with vendors for the delivery of 911 equipment or services. 3. Monitor contract performance by vendors. 4. Regularly provide information on performance by vendors, equipment and services. 5. Calculate and review cost allocations to assure fair and accurate distribution of costs among Members. 6. Resolve all disputes among Members regarding cost allocations. 7. Facilitate sharing of 911 functions among Members. 8. Enter into contracts with non - member jurisdictions for the sharing of 911 network facilities and equipment. 9. Recommend any memoranda of understanding prior to approval by the Members. 10. Review all requests to participate in the Regional 911 Board by other jurisdictions and make recommendations to the Members regarding the approval of such requests. 11. Adopt by -laws consistent with this Agreement. Adopt policies and procedures as directed by the Members. 12. Share 911 information, monitor and propose legislative initiatives and share best practices among Members and non - member jurisdictions that attend Board meetings. 13. Perform other tasks consistent with the purpose and intent of this Agreement and any memoranda of understanding entered into by the Members. VII. PROPERTY ACQUISITION /HOLDING The parties agree that no real property shall be acquired jointly during the course of this Agreement. Personal property that is acquired during the term of this Agreement and any renewals thereof shall be the property of the Regional 911 Board. The Board may own, maintain, upgrade, sell, lease, alter or dispose of the personal property at any time by action of the Board. Any property owned by the Board at the time of dissolution of the Board or upon termination of this Agreement shall become the property of the 4 Members and former Members in undivided shares equal to the proportion of cost paid for the property by each Member and former Member as compared to the total cost paid by all Members and former Members. VIII. DURATION /TERMINATION A. This Agreement will become effective from the date of approval or deemed approval by the Attorney General (Effective Date) and will continue until June 30, 2006 (Initial Term). This Agreement shall be automatically renewed by each Member for one -year periods commencing on July 1 of each year and continuing until June 30 of the following year subject to the following conditions: 1. Renewal of this Agreement for each Member is subject to the Member's annual appropriation of sufficient funds for the Member's fiscal year (July 1 to June 30) to pay the costs allocated to the Member for that fiscal year. In the event that a Member does not appropriate or budget sufficient funds to pay its allocated share of costs for a fiscal year under this Agreement, the Agreement will not be renewed by the Member.. 2. A Member must deliver written notice to terminate or not to renew its membership in the Regional 911 Board to the Board in an open meeting at least sixty days prior to the end of the fiscal year. Termination of all obligations for the terminating or nonrenewing Member will occur on the last day of the fiscal year in which the notice was received, provided that the provisions of the next paragraph are met. 3. Should a Member elect to terminate or not to renew its membership, the Board, in cooperation with the terminating or nonrenewing Member and any equipment vendors with which the Board has contracted for the purchase of equipment, will value the cost remaining to be paid for the purchase of equipment. The terminating or nonrenewing Member shall, subject to appropriation of funds by its governing body, pay its share of that cost to the Board. B. Termination of membership in the Regional 911 Board will not alter any contractual rights or obligations a Member may have with a vendor. IX. ADDITION OF MEMBERS/ DISSOLUTION OF BOARD A. New members of the Regional 911 Board may be added by a majority vote of the current Members. New members shall pay their 5 proportional share of costs in an amount to be determined by the Board. Such proportional cost may include an adjustment to compensate existing and former Members for previous costs paid. This Agreement may be amended to add Members as the need arises. B. This Agreement may be terminated and the Regional 911 Board may be dissolved by a majority vote of its Members. X. NOTICE A. Any notice to be given under this Agreement will be deemed given on the date of personal delivery or upon the date of mailing if mailed by certified mail, return receipt requested, with proper postage thereon, to a Member at the address indicated below the signature of each Member and to the Board at the following address: REGIONAL 911 BOARD c/o INCOG 201 W. 5T" SUITE 600 TULSA, OK 74103 B. The authorized notice address for the Board or a Member may be changed by giving written notice to the Board and all Members. XI. ADDITIONAL TERMS This Agreement may be executed in parts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. Upon execution of the parts, duplicate signature pages shall be sent to INCOG. INCOG shall compile the original, forward it to the Attorney General's office for approval and distribute fully executed copies to each Member. APPROVED this day of , 2009. (title) (jurisdiction) NO c t ATTEST Secretary (sea]) Contact Person and Address for Notices required under this Agreement (person) (address) EXHIBIT A POPULATION & PROPORTIONAL SHARES FOR 2009 -2010 Jurisdiction Population Estimates Percent share Bixby 17,289 2.85 Claremore 17,160 2.83 Collinsville 4,330 0.71 Glen pool 8,960 1.48 Jenks 13,100 2.16 Owasso 23,770 3.92 Rogers County 49,950 8.23 Sand Springs 17,670 2.91 Sapulpa 20,620 3.40 Sapulpa Contractees 3,510 0.58 Skiatook 6,290 1.04 Tulsa 382,460 63.02 Tulsa Contractees 41,760 6.88 MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: DAN YANCEY CHIEF OF POLICE SUBJECT: CHEROKEE NATION GRANT FUNDS DATE: July 15, 2009 BACKGROUND: Pursuant to the Cherokee Nation Legislative Act 4 -03, up to twenty percent (20 %) but not less than five percent (5 %) of funds generated by fees collected from the Cherokee Nation Motor Vehicle Tags are to be made available to county and municipal law enforcement agencies within the Cherokee Nation Jurisdiction. On June 25, 2009 Cherokee Nation Tribal Council Member Buel Anglen once again approached the city staff offering to provide $5,349.72 in grant funds to the police department, to be used at their discretion. Stipulations to this grant are to provide Taxpayer information for W -9 and use the monies to fund equipment related for law enforcement purposes. The staff's intention is to utilize these funds to purchase a second Segway to be utilized by the patrol division and bike patrol for special events, parades and holiday shopping patrol. The cost of the Segway is approximately $5,300. REQUEST: Staff is requesting Council acceptance of this grant from the Cherokee Nation. Additionally, staff is requesting Council approve a supplemental appropriation for the FY 2009 -2010 Budget, increasing revenues and expenditures in the amount of $5,350 to the Police Services budget. FUNDING: Funding for this request is derived from a grant in the amount of $5,350 from the Cherokee Nation Tribe. RECOMMEDATION: Staff recommends City Council acceptance of this grant from the Cherokee Nation and approval of a supplemental appropriation for the Police Services budget, increasing revenues and expenditures in the amount of $5,350. ATTACHMENT: 1. Law Enforcement Fund Request 918 4S8 6217 COUNCIL HOUSE 02:52: 10 p.m. 06 -25 -2009 2 /3 LAW ENFORCEMENT FUNDS REQUEST Pursuant to Legislative Act 4 -03, up to twenty percent (20%) but not less than five percent (5%) of funds generated by fees collected for Cherokee Nation Motor Vehicle Tags are to be made available for counties and municipalities within the Cherokee Nation Jurisdiction, and/or Cherokee Nation Marshal Service those funds are to be distributed equally between Councilors for appropriation. Amount of Funds Requested: 5 U qq, rl a Councilor Requesting Funds for Appropriation: mq en County, Municipality or Agency for which funds will be used: Proposed use of funds: SD The County, Municipality or Agency will provide receipts that the funds received pursuant to this request have been spent for the above stated purpose upon request by the Cherokee Nation Government. Please attach and return all supporting documents within ninety (90) days. Signature & Title of Authorized Officer or Agent County or Municipal of Tribal Council Member "Please complete the attached W -9 form. Date ZS. Date 217177 CHEROKEE NATION ACCOUNTS BANK OF AMERICA, N.A. =� P.O. BOX 948 PAYABLE <, TAHLEQUAH, OKLAHOMA 74465 1 39- 1/1030 'r ti' 4251 I (918) 453 -5000 DATE AMOUNT Void After 90 Days 07/10/2009 "--- 5,349.72 PAY Five Thousand Three Hundred Forty Nine and 721100 Dollars TO THE CITY OF OWASSO DER OF PO BOX 180 OWASSO OK 74055 v 11000 2 1 7 17 711' 1: 10 30000 L 71: 0 30 100 2 7 71, 2811' CHEROKEE NATION 217177 TAHLEQUAH, OKLAHOMA Check Date: 07/10/09 '.ITY OF OWASSO PO BOX 180 OWASSO OK 74055 _.___ 4251 P.O. Description Invoice Amount LEF- EQUIPMENT 609 06/26/09 LEF- EQUIPMENT 609 $5,349.72 C-A I i I i I i I TOTAL $5,349.72] MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: WARREN LEHR MANAGER OF GOLF AND PARKS SUBJECT: SUPPLEMENTAL APPROPRIATION COMMUNITY CENTER ART CLASS DATE: July 17, 2009 BACKGROUND: The Owasso Community Center is offering two six week sessions of art classes for children this summer. This is a new program that is offering art instruction to approximately 25 children, grades 2 -5. The class is being taught by Sharlee Kuhns, a disabled senior volunteer who is a former art teacher. Jennifer Kirby is providing excellent leadership in seeking new ways to reach out to all ages while making our Community Center a nurturing home away from home for our senior population. The expenses and supplies for these classes are being funded by the collection of registration fees from each student. As these funds were not anticipated in the current fiscal year 2009 -2010 budget, a supplemental appropriation is needed in order to utilize them. There are no residual funds projected, so the supplemental appropriation provides equal increases in both revenues and expenditures. The total amount collected is not anticipated to exceed $1,400. RECOMMENDATION: Staff recommends City Council approve an amendment to the Community Center budget increasing the estimated revenues by $1,400 and increasing the appropriation for expenditures by $1,400. MEMORANDUM TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: SHERRY BISHOP ASSISTANT CITY MANAGER SUBJECT: WAL -MART DONATION SUPPLEMENTAL APPROPRIATION DATE: July 15, 2009 BACKGROUND: To commemorate the opening of the new Wal -Mart Neighborhood Market in Owasso, Wal -Mart presented two donation checks to the City of Owasso on Tuesday, July 14, 2009. The police and fire departments each received $1,500. In order for the City to utilize these funds as intended by the donor, staff is requesting that the City Council accept the donation and approve a budget amendment increasing the appropriations for each of those departments. RECOMMENDATION: Staff recommends City Council accept the donation from Wal -Mart and approve a budget amendment in the General Fund increasing estimated revenues by $3,000 and increasing the appropriation for expenditures for the Police Department by $1,500 and the Fire Department by $1,500. MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC WORKS AUTHORITY THE HONORABLE CHAIR AND TRUSTEES OWASSO PUBLIC GOLF AUTHORITY FROM: ANGELA HESS FINANCE DIRECTOR SUBJECT: RESOLUTION ADOPTING AN INVESTMENT POLICY DATE: July 17, 2009 BACKGROUND: Currently there is not a formally adopted written investment policy for the City of Owasso or the Trust Authorities. While Oklahoma law (OS Title 62, Chapter 2, Section 348.1) provides a basic framework for investment direction, a written investment policy is a recommended practice of the Government and Finance Officers Association (GFOA). The investment policy dictates, among other things, what investments may be entered into and for what purposes. Oklahoma statutes are restrictive and very specific regarding the types of authorized investments and the collateralization methods required for municipalities. This policy will not change the investment practices currently in use by the City. The policy creates a formal record of the procedures and documents the City Council and Authority approval. The primary purpose for the City's investment policy is to ensure that City funds are invested in a manner which will provide the highest investment return with the maximum security while meeting the daily cash flow needs of the city and complying with all state statutes governing the investment of public funds. ADDITIONAL INFORMATION: Attached is a written investment policy for the City of Owasso and its Trust Authorities. The proposed investment policy is based on model investment policies developed by the GFOA and Crawford & Associates with modifications taken from the investment policies of other municipalities. REQUESTED ACTION: Staff recommends City Council approval of a resolution adopting the investment policy. ATTACHMENTS: Investment Policy Resolution 2009 -09 000��)olA The City without Limits. Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 pose purpose of the City of Owasso's Investment Policy is to invest its funds in a manner which will 1vide the highest investment return with the maximum security while meeting the daily cash flow ids of the city and comply with all state statutes governing the investment of public funds. Investment Policy shall comply with the Owasso Code of Ordinances, 7 -101. Investment Policy shall comply with Oklahoma State Statute 62 -348.1 as it pertains to authorized investments and disposition of income. Policy Statement Effective cash management is recognized as essential to good fiscal management. An aggressive cash management and investment policy will take advantage of investment interest as a viable and material revenue source for all operating and capital funds. The City's portfolio shall be designed and managed in a manner responsive to the public trust and consistent with state and local law. It is the policy of the City that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with legal and administrative guide lines and, to the maximum extent possible, at the highest rates obtainable at the time of investment. Scope This Investment Policy applies to all financial assets of the City of Owasso, and its Trust Authorities. These assets are accounted for in the various funds of the City of Owasso and include the general fund, special revenue funds, capital project funds, enterprise funds, internal service funds, trust and agency funds and any new fund established by the Owasso City Council. Prudence Investments shall be made with judgment and care, emphasizing the preservation of capital as well as the income to be derived. Objectives The primary objectives of investment activities, in order of priority, shall be safety, diversification, liquidity and return on investment. OT e city without Limits. Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 Safety -- Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to reduce credit risk and interest rate risk. Diversification - -The investments will be diversified by security type and institution in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. Liquidity- -The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. Return on Investment - -The investment portfolio shall be designed with the objective of obtaining a rate of return throughout the budgetary and economic cycles, taking into account the investment risk constraints and the cash flow characteristics of the portfolio. Delegation of Authority to Make Investments The City Treasurer or designee shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this Investment Policy. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, and collateral /depository agreements. No person may engage in an investment transaction except as provided under the terms of this policy and the established procedures. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. Ethics and Conflict of Interest Any officers or employees of the City of Owasso involved in the investment process shall refrain from personal business activity that could conflict or give the appearance of conflict with the proper execution of the investment program or impair their ability to make impartial decisions and shall at least annually advise the City Manager or City Manager designee of any personal financial interest in any financial institution that conducts business with the City of Owasso. The officers or employees shall refrain from undertaking personal investment transactions with the same individual or broker /dealer with which business is conducted on behalf of the City of Owasso. Authorized Financial Institutions /Financial Dealers Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 Public deposits of funds shall be made in qualified public depositories authorized to do business in the State of Oklahoma. The City Council shall approve and designate additional authorized depository institutions by resolution. Funds may be invested in certificates of deposit (CDs) in institutions which have been approved by the City Council as a depository banking institution and which meet the following requirements: 1. Sufficient collateral to equal the amount of 100 percent of the City's investments shall be pledged prior to the deposit of the funds and for the terms of the investment, in accordance with this policy; 2. Established record of fiscal health and service, as determined by a rating of "C minus" or above by independent rating agencies (such as Lace Financial Corporation or Sheshunoff Bank Rating Service) or equivalent past dealings with the City Treasurer's office; 3. Collateral agreements must be approved prior to deposit of the funds as provided for in the "Security for Local Public Deposits Act ". Authorized and Suitable Investments The City Treasurer is empowered by the City Council to invest in any of the securities authorized in the Oklahoma State Statutes, Title 62, Section 348.1- 348.3. Investments where collateral or funds to be invested has been deposited with a trustee or custodian bank in irrevocable trust may also invest in any or all of the following: a. Obligations of the United States government, its agencies and instrumentalities; Defined as: A debt security issued by a federal agency. Most federal agencies are not backed by the full faith and credit of the U.S. government. GNMA (Government National Mortgage Association) is an example of an agency security backed by the U.S. Government, but FNMA (Fannie Mae), FHLB (Federal Home Loan Bank), FHLM (Federal Home Loan Mortgage) and others are not backed. The City will use only agency securities that are backed by U.S. Government or have an AAA rating. b. Collateralized or insured certificates of deposit and other evidences of deposit at banks, savings banks, savings and loan associations and credit unions located in this state, or fully insured certificates of deposit at banks, savings banks, savings and loan associations and credit unions located out of state; sd OThe City Without Limits. Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 Defined as: CDs are similar to savings accounts in that they are insured and thus virtually risk free, they are "money in the bank" (CDs are insured by the FDIC for banks or by the NCUA for credit unions). They are different from savings accounts in that the CD has a specific, fixed term (often three months, six months, or one to five years), and, usually, a fixed interest rate. It is intended that the CD be held until maturity, at which time the money may be withdrawn together with the accrued interest. In exchange for keeping the money on deposit for the agreed -on term, institutions usually grant higher interest rates than they do on accounts from which money may be withdrawn on demand. c. Savings accounts or savings certificates of savings and loan associations, banks, and credit unions, to the extent that the accounts or certificates are fully insured by the FDIC; d. County, municipal, or school district direct debt obligation for which an ad valorem tax may be levied or bond and revenue anticipation notes, money judgments against such county municipality or school district ordered by a court of record or bond and revenue anticipation notes issued by a public trust for which the City of Owasso is beneficiary thereof; e. Negotiable certificates of deposit issued by a nationally or state - chartered bank, a savings bank, a savings and loan association or a state - licensed branch of a foreign bank. Purchases of negotiable certificates of deposit shall not exceed ten percent (10 %) of the surplus funds of the city or county which may be invested pursuant to this section. Not more than one - half (1/2) of the ten percent (10 %) limit shall be invested in any one financial institution specified in this paragraph; Defined as: A certificate of deposit with a minimum face value of $100,000. These are guaranteed by the bank and can usually be sold in a highly liquid secondary market, but they cannot be cashed -in before maturity. f. Prime bankers' acceptances which are eligible for purchase by the Federal Reserve System and which do not exceed 270 days' maturity. Purchases of prime bankers' acceptances shall not exceed ten percent (10 %) of the surplus funds of the City or county which may be invested pursuant to this section. Not more than one -half (1/2) of the ten percent (10 %) shall be invested in any one commercial bank pursuant to this paragraph; Defined as: A short-term credit instrument created by a nonfinancial firm and guaranteed by a bank as to payment. Acceptances are traded at discounts from face value in the secondary market on the basis of the credit quality of the guaranteeing banks. These instruments have become a popular investment for money market funds. Also called acceptance. so Th• City Without Limits. Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 g. Prime commercial paper which shall not have a maturity that exceeds one hundred eighty (180) days nor represent more than ten percent (10 %) of the outstanding paper of an issuing corporation. Purchases of prime commercial paper shall not exceed seven and one - half percent (7% %) of the surplus funds of the city which may be invested pursuant to this section; Defined as: Highly -rated commercial paper that is considered investment grade. Commercial paper is an unsecured promissory note sold by a corporation. It has a fixed maturity of 1 to 270 days and is usually sold at a discount from face value. Repurchase agreements (Repo) that have underlying collateral consisting of those items specified in paragraphs a through a of this subsection; and Defined as: A form of short -term borrowing for dealers in government securities. The dealer sells the government securities to investors, usually on an overnight basis, and buys them back the following day. For the party selling the security (and agreeing to repurchase it in the future) it is a repo; for the party on the other end of the transaction, (buying the security and agreeing to sell in the future) it is a reverse repurchase agreement. Repos are classified as a money- market instrument. They are usually used to raise short - term capital. Money market mutual funds regulated by the Securities and Exchange Commission and which investments consist of those items and those restrictions specified in paragraphs a through f of this subsection. Defined as: Mutual funds that invest solely in money market instruments (short term debt instruments, such as Treasury bills, commercial paper, bankers' acceptances, repurchase agreements, agency securities, and federal funds). OThe city Without Limits. Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 Co I lateral ization The City Treasurer is authorized by statute to invest in certain securities when those securities are collateralized, as evidenced by pledge of joint custody. In all cases of collateralization, the collateral shall be held by a third party custodian with whom the City has a current custodial agreement or be held in the name of parties by the Federal Reserve Bank servicing Oklahoma. The custodian shall issue a custody receipt to the City Treasurer identifying the security and stating that it is pledged to the City of Owasso. The amount of collateral to be pledged for the security of the City's deposits and securities shall be consistent with the provisions of the Oklahoma "Security for Local Public Deposits Act" and additional standards established by the City Treasurer for the purpose of securing public funds and deposits of the City. Collateral Requirements To qualify as depositor, a bank, trust company, savings and loan association, or savings bank must collateralize City deposits, including interest earned and /or accrued (the amount of money on deposit with an institution at any given time) with any combination of securities, Federal Home Loan Bank letters of credit, or corporate surety bonds at the cost to the depository. Required collateralization levels shall be as follows: Surplus cash in demand deposit account 100% Certificate of deposits 100% Repurchase agreement 100% Acceptable instruments for collateralization of cash in demand deposit accounts and certificates of deposit are listed below: (a) Direct obligations of the United States Government, its agencies or instrumentalities to the payment of which the full faith and credit of the U.S. Government is pledged, or obligations to the payment of which the full faith and credit of this state is pledged. (b) Obligations of the Government National Mortgage Association, Federal National Mortgage Association, or Federal Home Loan Mortgage Corporation, or federal land bank or banks or federal home loan bank notes or bonds. (c) Obligations of the state or of a county, municipality, or school district of this state pledged or of an instrumentality thereof; (d) General obligation bonds of any other state in the U.S.; and (e) Surety bonds and letters of credit, under certain specified conditions. sd OThe City Without Limits. Acceptable collateral for repurchase agreements: Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 (a) United States Treasury Bills, Notes, Bonds or Treasury Certificates; (b) Governmental National Mortgage Association obligations; (c) Federal National Mortgage Association obligations; (d) Federal Home Loan Mortgage Corporation obligations; (e) Federal Farm Credit Bank obligations; (f) Federal Land Bank obligations; (g) Federal Home Loan Bank obligations; provided The City Treasurer shall verify as appropriate and at least quarterly, that the market value of collateral pledged is sufficient to cover the security and any additional deposits at the institution. The City Treasurer shall have discretion to refuse any instrument as appropriate collateral, notwithstanding the tenets of this Investment Policy. Acceptable collateral will be subject to a recognized and readily available market pricing Safekeeping and Custody All investment securities purchased, including collateral for repurchase agreements, shall be held in safekeeping by a designated third party custodian. The institution shall issue a safekeeping receipt for each security, listing the specific instrument, par value, rate, CUSIP and any other pertinent information. In addition the safekeeping institutions shall send a statement on at least a quarterly basis listing all securities held in each safekeeping account with market values that shall be verified. Deliver vs. Payment All trades will be executed by delivery vs. payment (DVP) to ensure that securities are deposited in an eligible financial institution simultaneously with the release of funds. Securities will be held by the third - party custodian, as evidenced by safekeeping receipts, held in the City's name. Diversification The City of Owasso will diversify its investments by institution. With the exception of U.S. Treasury securities and authorized pools, no more than fifty percent (50 %) of the City's total investment portfolio will be invested in a single financial institution. The City Without Limits'. Investment Policy Issuing Office: Finance Department Originally Issued: July 2009 Maximum Maturities The City of Owasso will attempt to match its investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the City of Owasso will not directly invest in securities maturing more than three years from the date of purchase. Reserve funds may be invested in securities exceeding three years if the maturity of such investments is made to coincide as nearly as practicable with the expected use of the funds. Internal Control An independent audit of investments made and held will be performed as part of the annual audit of the City of Owasso at the close of each fiscal year. Performance Standards The investment portfolio will be designed to obtain a market average rate of return during budgetary and economic cycles, taking into account the City of Owasso and its Trust Authorities investment risk constraints and cash flow needs. Investment Policy Adoption The Investment Policy shall be adopted by resolution of the City Council and the Trust Authorities. The City Treasurer shall review the Investment Policy on an annual basis and any modifications made thereto must be approved by the City Council and Trust Authorities. CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2009-09 A RESOLUTION OF THE CITY OF OWASSO, TULSA COUNTY, OKLAHOMA ADOPTING AN INVESTMENT POLICY FOR THE CITY OF OWASSO, OKLAHOMA AND AUTHORIZING INVESTMENTS WHEREAS, the Oklahoma Statutes, 62 OS 2000 Supp., Sect., 348.1 provides that the lawful treasurer of any city or town, when authorized by the appropriate governing body by resolution, shall invest any monies in the custody of the treasurer as limited by law, provided further that said monies cannot then be used for the purpose for which they are to be expended; and, WHEREAS, the City Council recognizes the necessity of establishing an investment policy to properly transact its investment activities; and, WHEREAS, the City Council also recognizes the necessity of improving its procedures for investing available funds to earn additional revenue. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: A. The City of Owasso Investment Policy originally issued July 2009 is hereby adopted and applies to all funds of the City of Owasso. B. The City Treasurer shall be and is hereby given blanket authority and directed to invest and reinvest available funds on a continuing basis; provided that the income received from said investments may be placed in the general fund of the governmental subdivision to be used for general governmental operations, or the fund from which the investment was made. C. The City Treasurer shall keep records of all investments, showing the amount invested from each fund by type of investment and distribution of interest earned by each fund. DATED this 21" day of July, 2009. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: LARISSA DARNABY CITY PLANNER SUBJECT: REQUEST FOR A PARTIAL EASEMENT CLOSURE DATE: JULY 17, 2009 BACKGROUND: The City of Owasso has received a request for the partial closure of a utility easement located in the rear yard of 10103 E. 95t' Court North. A site plan and a general area map are included with your packet. PROPERTY CHARACTERISTICS: The legal description of the property is Lot 2, Block 6, Fairways IV at Bailey Ranch. The tract is zoned for RS -3 Single - Family Residential use and is occupied by a 2 -story house. The existing land use is residential for the subject property, as is land to the east, south and west. The lot borders E. 96th Street North to the north. The property is served by municipal water, wastewater, police, fire and EMS service. ANALYSIS: The applicant desires to close a portion of the existing 17.5' utility easement in order to construct a swimming pool on the site. All utility companies have been notified, and have accepted the modification to the utility easement. The swimming pool, as it is currently planned, would encroach into the existing utility easement, thus the basis for the easement closure request. If the easement closure request is approved, the existing 17.5' utility easement would be modified to allow access to utility lines, and facilitate the construction of the swimming pool. The staff finds that this request will have no detrimental impacts to the subject tract, or the surrounding areas. TECHNICAL ADVISORY COMMITTEE: The request for the partial utility easement closure was reviewed by the Owasso Technical Advisory Committee at their regular meeting on June 24, 2009. At that meeting, utility providers and city staff are afforded the opportunity to comment on the application and request any changes or modifications. The only comment provided at the TAC meeting was a request from PSO for more detail about how much easement was needed, and the request was satisfied. BOARD OF ADJUSTMENT HEARING: Corresponding to the easement closure request was a request for a variance to allow a swimming pool to be located within 5' from the rear property line rather than the normally required 10'. On June 23, 2009 the Owasso Board of Adjustment considered the variance request at a public hearing, and voted unanimously to approve the variance. PLANNING COMMISSION HEARING: The Owasso Planning Commission considered the request at their regularly scheduled meeting on July 13, 2009. At that meeting, the Planning Commission unanimously approved the request. RECOMMENDATION: Staff recommends that the request for the partial utility easement be approved. ATTACHMENTS: 1. Plat of Survey 2. Documents from the June 24 TAC meeting including agenda, location map, previous survey, and TAC meeting notes GENERA. NOTFB 4 TM beornys sho.n hV.on are Dosed on the West Lm. of Lot 2, BnriN bwnq N. 13'26'24' W. B. The D,.p.dy deacrio.d Mnon contoina 0.269 stns, w I... C. TM property descrii ed hereon u lcet.d in food idne 'X- UNSHADED'. a per Fled In a Rote nap, Cefmrwnity ponN No. 400210 0236H, effectike deter September 22. 1999, D. Field.ork completed JNns 30, 2009. E. Ne ­­t Ttl. opinion or commitment for Title Insurance ro —k:bl. at the time of the Suney, lMSlore, No Certif:c 61h is mode :hot ,It E ... —ta or Rights -of -Wy or. sh.— hereon. S"IBOLLEGEND 4O - Elecv� u«« •° - P a t« - eNDMIr eae.W — - G.erneo6 Oecus ^aer.^yw�e E-- u — _ t1M«ty , TeMONen. a - ]wey CanlrN Pewl FwM u/E - U4kty EawmeM lw 112 _ l /on') i'n FOUnd 1PED TeAlphpne Line Poinf �ldrts co0lr "' Line Pain! UorM E /ecb�c Cane Po /nl Abrrs PROPOSED LOG4T1ON OF POOL 5 Wood N 13'26'24" W - 134.08' (Field) 133.59' (Plat) 0 6' r � a corns / 1-1 — PLAT OF SURVEY OF' Two (2), 111 r k Six (9), FAIRWAYS IV AT BAILEY RANCH, a subdhisioo in the NW /4 of Section Nineteen (19), Township Twent3i.Ooe (21) North. Range Fourteen (14) East, City of 0wes"o, Tm4a County, State of Oklahoma 10103 EAST 95th COURT NORTH 96th ST. N________ - -- �N W E S F comer 05' S • 0.1' r.. o/ —1 comer Z N 89'03'20" E - 158.76' (Field) r yea %: / 06. star ssm snt er.oaty o N 89'54'33" E - 158.84' (Plat) , -Wi- Elettrt LOCIMON ILILP b 6 Wood ! -Wra cob/. N l/2 /ran Pin Found /Cap °` PP S 01'06'22" E - 9.91' (Field) his "` >•ar•P^a'• [Wr. P°'^r tr m 10.00' (Plat) +c / 115' U/E !/2' /ran P Found - - - - - - - - - - - - - LEGAL DESCRIPTION OF TIIE HE.1L PHOPERTI' CONC 25 ' 9, � Lot Two (2). Block Si. (6), FAIRWAYS Y AT BAR-EY RANCH, a uDairYen Tin the NW /4 of Se,tmn Nineteen ;191. To.nsnip 7senty -0na (21) Nonh. f A = 108'51'46' Range F—t... 04) East. City ,I D.osw Tu d Co.nty. Stale of Cl-h —, according to the Retarded Rat thereof. p) R = 50.00' L = 95.00' NOTES M+T.°.ie_,(Y �._�• -? J This Rol of $uneY meets Jk onomo Yin,mum SlarWards or 'n It Drocbce al LS Sarveyrng a] oEOpt.d oy the Okohomo Stale Board dl Registration for prdfessiana En911een aid -and Surreyon. OParch Is 7.7' oaer B/L G��16 I �0� \ croseree x' ser 112' rran Pin Found /C ?� 0 = 80'23'50" R = 25.00' i L = 35.08' 21. BL' i dp A= 19'14'56" R = 225.00' 'L = 75.59' AM b hY.eRS 9EFOe[ rtkl OrG.. CALL OKK �eoo�sst -�w CERTIFIED TO. BRIAN C. EDNE" k _ATRESHA 0. EONEy SURVEYORS CERTIFICATE I, James E. Harden al Tulsa Co Pbk j d Oklahoma, d o an Prolea.ional surveyor, do �Ml1 Apt IM above eyefYyf kno.l.dq orq Q� O WITNESS my nand dnf s%A tg' � dt'j;4.'T009 ASSOCIATES —a...k — t.k.�)al.k� Tus. � rwamnc nee rArrae. k new w-++st r.. n alts - �4w aw�A�sasoa PLAT OF SURVEY t r ti a PUBLIC NOTICE OF THE MEETING OF THE' OWASSO TECHNICAL ADVISORY COMMITTEE TYPE OF MEETING: DATE: PLACE: NOTICE FILED BY: TITLE: Regular June 24, 2009 2:00 PM City Hall, Main Conference Room Larissa Darnaby City Planner Filed in the office of the Owasso City Clerk and posted at the north entrance to City Hall at 1:00 PM on June 17, 2009. Larissa Darnaby, City Plann -- - - OWASSO TECHNICAL ADVISORY COMMITTEE Wednesday, June 24, at 2 :00 PM Owasso City Hall, 111 N. Main Street Main Conference Room AGENDA 1. Call to Order 2. Roll Call 3. Partial Easement Closure Request — A request to close a portion of the 17.5' Utility Easement located in the rear yard, on property located at 10103 East 95"' Court North, recognized as Lot 2, Block 6, Fairways at Bailey IV Addition. 4. Adjournment _ b'- h S'(N E 9a t 1 E 98 RS -3 / th ST N PUD- 1 -0 - - -- 1 a 1 E 97th PL N -- - -- CTNo - - - - -- ^ - — Z / � 2 E 97th ♦ E 97th ST N O O �` RS RS -3 RS -3 4f OL 1 Q E 97th ST N y ,PJ E 96th PL N h O 20 1 Subject Tract OL ---- - - - - -- -- - - - - -- ------- - - - --- i G�� 1 �?Q KITT CT �L S ST I��•P 5th ST E 95th STN 1 1 � 1 _ 1 RM -1 RS -3 16- crN PUD -9 r 1 r r 1 r i 93rd CT N p, CART�R7GHTST E 94th STN 1 o -i J 1 m 1 v M 1 m � 1 � 2 t. y�' srti i w ►.p►• FOODS Ft 1 1 r R�t�lliu`llliff " r 0 i i5tl ddb Tta ot T,4 ., I REGISTERED LAND SURVEYOR'S INSPECTION PLAT AND CERTIFICATE FOR MORTGAGE; LOAN PURPOSE COLLINS LAND SURVEYING, INC. 113 West Dawes Suite 106 BIXBY, OK. 74008 OFFICE (918)368 -9121 FAX (918)366 -9373 n/1 B J.O. NO.: 05 -05 -052 Customer: Credit Union Title & Escrow Borrower: Edney, Brian C. Plat No: 5266 / - ulId{ng Line OB /L -Out Bulld{ng Line D /E�- Dralnage Esmt. SCALE: U /E- Utll{ty Esml. SW /E=S{dewalk Esmt. B/E =Burled Tele. & Elee. Cable Esmt. n F/E =Fence Esmt. R/W =Right of Way S /F. =Serv{ce Entrance I NORTH 41 7W 57. IV �' / ✓ u W O rn rn -4 p N ON z 0 I 2S U 4 ./ _ _» X H o 0 0 N 7 za w 3 0 W :3: ax w 0 a N POo THIS PLAT IS MADE FOR AND AT THE REQUEST OF: Credit Union Title & Escrow /CUTEC Mortgage FOR MORTGAGE LOAN PURPOSES ONLY COVERING LEGAL DESCRIPTION AS PROVIDED Lot Two (2), Block Six (6), THE FAIRWAYS IN AT BAILEY RANCH, an Addition to the City of Owasso, Tulsa County, State of Oklahoma, according to the recorded Plat thereof. i Property Address: 10103 East 95th Court North SURVEYORS STATEMENT COLLINS LAND SURVEYING INC., AN OKLAHOMA CORPORATION, AND THE UNDERSIGNED REGISTERED PROFESSIONAL k I NOTES FROM JUNE 24 T" TAC MEETING #3 Partial, Easement Closure Reaueat Public Works- * No comments Fire Dept- 9 No comments PSO /AEP- • Submit a more detailed description of exactly how much easement is needed. ONG- AT &T • No comments • No comments Cox- No comments Community Development • No comments MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY SUBJECT: ORDINANCE NUMBER 941 AMENDING SECTION 1 -108 OF THE OWASSO CODE OF ORDINANCES TO INCREASE MAXIMUM FINES AS ALLOWED BY STATE LAW DATE: July 21, 2009 BACKGROUND: Penalties for infractions of criminal provisions contained within the City of Owasso Code of Ordinances are set forth in Section 1 -108, entitled "General Penalty," in Part 1 of the Code, and are subject to statutory maximum amounts which may be imposed by a court not of record (statutorily defined as any municipal court located in a city or town with a population less than 200,000). Currently, Class A offenses are subject to a maximum fine of $500.00, Class B offenses to a maximum fine of $300.00, and Class C offenses to a maximum fine of $200.00. A copy of current Section 1 -108 which more fully delineates the types of offenses classified as A, B and C is attached for the City Council's review. The maximum fines for offenses heard by courts not of record were recently increased by the Oklahoma Legislature. Specifically, 110. S. § 14 -111 (which does not utilize the previous Class A, B and C classification) now provides that all Traffic Offenses are subject to a maximum fine of $200.00, Alcohol and Drug Offenses are subject to a maximum fine of $800.00 and all Other Offenses to a maximum fine of $750.00. Based upon the amendment of 11 O.S. § 14 -111, the Owasso Municipal Court and City staff recommend that Section 1 -108 of the Owasso Code of Ordinances be likewise amended so that the fines assessed by the court may be increased in amounts commensurate with State law. All references to Class A, B and C offenses would be removed, and the maximum fine amounts would be classified under the headings of Traffic Offenses, Alcohol and Drug Offenses and Other Offenses as utilized in the corresponding State statute, 11 O.S. § 14 -111. A copy of proposed Section 1 -108, as amended, is attached for the City Council's review. It should be noted that amendment of Section 1 -108 of the Owasso Code of Ordinances to reflect the new maximum fines allowable under State law does not automatically mandate an increase in the fines assessed by the City's municipal court. Specifically, Part 6, of the Code of Ordinances establishes that the judge of the Owasso Municipal Court shall designate the appropriate amounts, subject to State law, of fines for each offense. If the proposed amendment to Section 1 -108 is adopted by the City Council, the judge of Owasso's Municipal Court will formulate a new fine schedule for each type of offense heard by the court. As has traditionally been the case, the judge will consider a number of factors, including the nature and severity of the offense, other penalty and sentencing options available and the maximum fines authorized by State law, in determining the appropriate amount of each fine. RECOMMENDATION: Staff recommends City Council approval of Ordinance Number 941 of the Owasso Code of Ordinances thereby increasing the maximum fines which may be assessed by the Municipal Court of Owasso as set forth above and in accordance with State law. ATTACHMENTS: Current Section 1 -108 of the Owasso Code of Ordinances Ordinance Number 941 Containing Amendments to Section 1 -108 SECTION 1 -108 GENERAL PENALTY A. CLASS "A" VIOLATIONS. Unless after the date hereof a different penalty is provided, any person, upon conviction for any of the following offenses, shall be punished by a fine, excluding costs, of not exceeding Five Hundred Dollars ($500.00) and/or sixty (60) days imprisonment. Such offenses are as follows: 1. Actual Physical Control 2. Assault and Battery upon a Police Officer 3. Driving Under the Influence 4. Driving While Impaired 5. Eluding or Attempting to Elude a Police Officer 6. Resisting a Police Officer/Public Official /Arrest 7. Violation of the provision of Part 8, Health and Sanitation, of the Code 8. Violation of the provisions of Part 5, Building Regulations and Code 9. Violation of the provisions of Part 17, Utilities B. CLASS `B" VIOLATIONS. Unless after the date hereof a different penalty is provided, any person, upon conviction for any of the following offenses, shall be punished by a fine, excluding costs, of not exceeding Three Hundred Dollars ($300.00) and/or sixty (60) days imprisonment. Such offenses are as follows: 1. Possession of Marijuana 2. Possession of Paraphernalia 3. Assault & Battery 4. Damaging Property 5. Prohibited/Obscene Conduct 6. Reckless Conduct 7. Tampering With an Automobile 8. Failure to Yield to an Emergency Vehicle 9. Leaving the Scene of an Accident 10. Reckless Driving 11. Driving Under Suspension, Revocation or Cancellation 12. Speeding more than 25 m.p.h. over the Speed Limit 13. Sale of Alcohol or Beer to a Minor 14. Disorderly House 15. Harmful Deception C. CLASS "C" VIOLATIONS. Unless after the date hereof a different penalty is provided, whenever in this Code of Ordinances an act is prohibited or made or declared to be unlawful or an offense or misdemeanor, or whenever in this Code of Ordinances the doing of any act as required or the failure to do any act is declared to be unlawful, except for the offenses referred to in Section A and B hereof, any person, upon conviction thereof, shall be punished by a fine of not more than Two Hundred Dollars ($200.00), excluding costs. (Ord. No. 522, 4/2/96) D. Each day or any portion of a day during which any violation of this Code or any ordinance shall continue shall constitute a separate offense. E. Any person who shall aid, abet, or assist in the violation of any provision of this Code shall be deemed guilty of an offense and, upon conviction therefore, shall be punished in accordance with the punishment provided for violation of the provision such person aided, abetted or assisted in violating. CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 941 AN ORDINANCE RELATING TO PART 1, GENERAL PROVISIONS. CHAPTER 1, USE AND CONSTRUCTION OF THE CODE, SECTION 1 -108, GENERAL PENALTY, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY INCREASING THE MAXIMUM COURT FINES ASSESSED BY THE CITY OF OWASSO MUNICIPAL COURT. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part 1, General Provisions, Chapter 1, Use and Construction of the Code. Section 1 -108, General Penalty, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: SECTION TWO (2): SECTION 1 -108 GENERAL PENALTY A. TRAFFIC OFFENSES: The maximum fine or deferral fee in lieu of a fine for traffic- related offenses relating to speeding or parking shall not exceed Two Hundred Dollars ($200.00). B. ALCOHOL OR DRUG RELATED OFFENSES: The maximum fine or deferral fee in lieu of a fine for alcohol - related or drug- related offenses shall not exceed Eight Hundred Dollars ($800.00). C. OTHER OFFENSES: For all other offenses, the maximum fine or deferral in lieu of a fine shall not exceed Seven Hundred Fifty Dollars ($750.00). D. Each day or any portion of a day during which any violation of this Code or any ordinance shall continue shall constitute a separate offense. E. Any person who shall aid, abet, or assist in the violation of any provision of this Code shall be deemed guilty of an offense and, upon conviction therefore, shall be punished in accordance with the punishment provided for violation of the provision such person aided, abetted or assisted in violating. SECTION THREE (3): REPEALER All ordinances or parts of ordinances in conflict with this amended ordinance are hereby repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date the ordinance was adopted by the City Council, as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Code of Ordinances is hereby amended and re- codified in Part 1, Chapter 1, Section 1 -108, General Penalty. PASSED by the City Council of the City of Owasso, Oklahoma on the 21" day of July, 2009. Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this day of July, 2009. Julie Lombardi, City Attorney MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: STEVEN F. ALBERT, P.E. CITY ENGINEER SUBJECT: ADOPTION OF FLOOD DAMAGE PREVENTION ORDINANCE FEMA REQUIREMENT UNDER NATIONAL FLOOD INSURANCE PROGRAM (NFIP) DATE: July 17, 2009 BACKGROUND: Under FEMA regulations, the City of Owasso must adopt floodplain management measures that meet or exceed National Flood Insurance Program (NFIP) requirements. The City currently has a floodplain ordinance included as Chapter 17 in the Zoning Code. This existing floodplain ordinance was adopted when previously required by FEMA and is enclosed as Attachment A. The City is required to adopt new floodplain maps when they become available from FEMA. New Digital Flood Insurance Rate Maps ( DFIRM) for Tulsa County will become effective on August 3, 2009 after the City of Owasso passes an ordinance adopting these maps. For this map revision, FEMA is also requiring the city to adopt a new "Flood Damage Prevention Ordinance" to replace the existing "Flood Hazard Regulations ". A copy of the proposed ordinance is included as Attachment B. The existing ordinance, Chapter 17 of the Zoning Code, will be replaced in its entirety by the new ordinance. FEMA floodplain regulations evolve and expand over time. They use the map adoption process as their opportunity to mandate that cities participating in the NFIP update their ordinances to reflect their new regulations. The new floodplain ordinance will be longer and more detailed than the present ordinance. However, the basic principles contained within the ordinance are nearly identical to our current practices. Failure to adopt the new ordinance by August 3 r will result in a suspension of the City of Owasso from the NFIP program. If suspended, Owasso becomes ineligible for flood insurance through the NFIP, new insurance policies cannot be sold and existing policies cannot be renewed. Rogers County is in a later stage of completion for their new flood mapping project. A modification to this ordinance will be required within 9 to 18 months to adopt the new DFIRM maps for Rogers County. Until that time, the existing FEMA Flood Study and FIRM maps dated Dec. 19, 1997 will remain in force. This ordinance also adopts these existing maps until the new maps are adopted. FUNDING SOURCE: No funds are required for this proposed action. RECOMMENDATION: Staff recommends Council adoption of Ordinance No. 942, amending Chapter 17 of the Owasso Zoning Code, "Flood Damage Prevention ". ATTACHMENTS: A. Proposed Ordinance No. 942 CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 942 AN ORDINANCE RELATING TO CHAPTER 17 OF THE OWASSO ZONING CODE, FLOOD HAZARD REGULATIONS, REPEALING THE SAME IN ITS ENTIRETY AND IN LIEU THEREOF ADOPTING NEW FLOOD DAMAGE PREVENTION MEASURES TO BE CODIFIED AS CHAPTER 17 OF THE OWASSO ZONING CODE; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. WHEREAS, The Legislature of the State of Oklahoma has in 82 O.S. §§ 1601 -1618, as amended, delegated the responsibility to local governmental units to adopt ordinances designed to minimize flood losses; and WHEREAS, The Owasso City Council deems it necessary for the carrying out of the purpose of said acts and of promoting the health, safety and general welfare of the community to enact an ordinance regulating the zoning of land within Owasso; and WHEREAS, Under FEMA regulations, the City of Owasso is mandated to adopt floodplain management measures that meet or exceed national Flood Insurance Program requirements; to include the adoption of new Digital Flood Insurance Rate Maps (DFIRM) for Tulsa and Rogers Counties when they become available from FEMA; and, WHEREAS, all requirements of Oklahoma Statutes, with regard to the adoption of this ordinance have been met. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: ARTICLE I STATUTORY AUTHORIZATION, FINDINGS OF FACT, PURPOSE AND METHODS SECTION A. STATUTORY AUTHORIZATION The Legislature of the State of Oklahoma has in 82 O.S. §§ 1601 -1618, as amended, delegated the responsibility to local governmental units to adopt ordinances designed to minimize flood losses. Therefore, the City of Owasso, Oklahoma, ordains the following, to be effective on and after August 3, 2009: SECTION B. FINDINGS OF FACT 1. The flood hazard areas of the Owasso are subject to periodic inundation, which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. SECTION C. STATEMENT OF PURPOSE It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: 1. Protect human life and health; 2. Minimize expenditure of public money for costly flood control projects; 3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 4. Minimize prolonged business interruptions; 5. Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; 6. Help maintain a stable tax base by providing for the sound use and development of flood - prone areas in such a manner as to minimize future flood blight areas; and 7. Insure that potential buyers are notified that property is in a flood area. SECTION D. METHODS OF REDUCING FLOOD LOSSES In order to accomplish its purposes, this ordinance uses the following methods: 1. Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; 2. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; 3. Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; 4. Control filling, grading, dredging and other development which may increase flood damage; and 5. Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. ARTICLE II DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. "Accessory structure" - means a structure which is on the same parcel of property as the principal structure and the use of which is incidental to the use of the principal structure. Examples of accessory structures include but are not limited to garages and storage sheds. "Area of special flood hazard" - is the land in the floodplain within the City of Owasso subject to a one percent or greater chance of flooding in any given year. "Base flood" - means the flood having a one percent chance of being equaled or exceeded in any given year. "Base flood elevation" — means the elevation in feet above mean sea level of the base flood or I% chance flood. "Basement" - means any area of the building having its floor sub -grade (below ground level) on all sides. "BFE" — means the base flood elevation. "Board" — means the Oklahoma Water Resources Board. "CFR" - means Code of Federal Regulations "Critical feature" - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. "Development" - means any man -made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Development Permit" - means a permit issued by the City of Owasso Floodplain Administrator which authorizes development in a special flood hazard area in accordance with this ordinance. "Elevated building" - means a non - basement building built, in the case of a building in Zones AE, A, and X, to have the top of the elevated floor adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In the case of Zones AE, A, and X, "elevated building" also includes a building elevated by means of 3 fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. "Existing construction" - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." "Existing manufactured home park or subdivision" - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by the City of Owasso. "Expansion to an existing manufactured home park or subdivision " - means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "FEMA" means the Federal Emergency Management Agency. "FIRM" means Flood Insurance Rate Map. "Flood" or "flooding" - means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters, or 2. The unusual and rapid accumulation or runoff of surface waters from any source. "Flood Insurance Rate Map" — means an official map of the City of Owasso on which FEMA has delineated both the areas of special flood hazards and the risk premium zones applicable to the City of Owasso. "Flood insurance study" - is the official report provided by FEMA for the City of Owasso which contains flood profiles, water surface elevation of the base flood, as well as the floodway width, section area and mean velocity. "Floodplain Administrator" — means a person accredited by the OWRB and designated by the City Council of the City of Owasso to administer and implement laws, ordinances and regulations relating to the management of floodplains. "Floodplain or flood -prone area" - means any land area susceptible to being inundated by water from any source (see definition of flood). 4 "Floodplain management" - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. "Floodplain management regulations" - means zoning codes and ordinances, subdivision regulations, building codes, health regulations, special purpose regulations and ordinances (such as floodplain, grading and erosion control regulations and ordinances) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. "Flood protection system" - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within the City of Owasso subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. " Floodway" - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. A floodway is located within areas of special flood hazard established in Article III, Section B. A floodway is an extremely hazardous area due to the velocity of floodwaters that carry debris and potential projectiles. "Functionally dependent use" - means a use that cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long -term storage or related manufacturing facilities. "Highest adjacent grade" - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" - means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: 9 a) By an approved state program as determined by the Secretary of the Interior, or b) Directly by the Secretary of the Interior in states without approved programs. "Levee" - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. "Levee system" - means a flood protection system which consists of a levee or levees and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. "Lowest floor" - means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirement of Section 60.3 of Title 44 CFR. "Manufactured home" - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle ". "Manufactured home park or subdivision" - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. "Mean sea level" - means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum, to which base flood elevations shown on the City of Owasso's Flood Insurance Rate Map are referenced. "New construction" - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the City of Owasso City Council and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by the City of Owasso's City Council. "OWRB" — means the Oklahoma Water Resources Board. R "Recreational vehicle" - means a vehicle which is: 1. Built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projections; 3. Designed to be self - propelled or permanently towable by a light duty truck; and 4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. "Start of construction" - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Public Law 97 -348), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. "Structure" - means a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home. "Substantial damage" - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures that have incurred "substantial damage ", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions, or 2. Any alteration of a "historic structure" provided that the alteration would not preclude the structure's continued designation as a "historic structure." "Variance" - is a grant of relief by the City of Owasso City Council to a person from the terms of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of Title 44 CFR.) "Violation" - means the failure of a structure or other development to be fully compliant with this City of Owasso flood damage prevention ordinance. "Water surface elevation" - means the height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. ARTICLE III GENERAL PROVISIONS SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES This flood damage prevention ordinance shall apply to all areas of special flood hazard within the jurisdiction of the City of Owasso, Oklahoma. SECTION B. BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD The areas of special flood hazard identified by FEMA for the portion of the City of Owasso located within Tulsa County identified in a scientific and engineering report entitled, "The Flood Insurance Study for Tulsa County, Oklahoma and Incorporated Areas" dated August 3, 2009, with the accompanying Flood Insurance Rate Map (FIRM) are hereby adopted by reference and declared to be a part of this ordinance. This ordinance shall go into effect on August 3, 2009. The portion of the City of Owasso located within Rogers County will be regulated using the FEMA mapping entitled "Rogers County, Oklahoma and Unincorporated Areas" dated December 19, 1997 are hereby adopted by reference and declared to be a part of this ordinance. SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT A Development Permit shall be required to ensure conformance with the provisions of this floodplain management ordinance. SECTION D. COMPLIANCE No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. 8 SECTION E. ABROGATION AND GREATER RESTRICTIONS This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and any other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATION In the interpretation and application of this ordinance, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the governing body; and 3. Deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G. WARNING AND DISCLAIMER OR LIABILITY The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Owasso or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. ARTICLE IV ADMINISTRATION SECTION A. DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR The City Council of the City of Owasso designates the Public Works Director, or his or her designee, as Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of National Flood Insurance Program regulations in Title 44 CFR pertaining to floodplain management. 9 SECTION B. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: 1. Become accredited by the OWRB in accordance with Title 82 O.S. §§ 1601 -1618, as amended. 2. Review permit applications to determine whether the proposed building sites, including the placement of manufactured homes, will be reasonably safe from flooding. 3. Review, approve or deny all applications for Development Permits required by this ordinance. 4. Review proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval are required. 5. Make the necessary interpretation where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). 6. Notify, in riverine situations, adjacent communities and the OWRB prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the FEMA. 7. Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. 8. When base flood elevation data contemplated by Article III, Section B has not been provided by FEMA, the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from any Federal, State or other source, in order to administer the provisions of Article V. 9. When a floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zone AE as delineated on the Tulsa County FIRM or Rogers County FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the City of Owasso. 10. After a disaster or other type of damage occurrence to structures in the City of Owasso, determine if the residential and non - residential structures and manufactured homes have been substantially damaged, and enforce the substantial improvement requirement. 11. Maintain a record of all actions involving an appeal from a decision of the City Council. 10 12. Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. SECTION C. PERMIT PROCEDURES 1. An Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: 1. Elevation in relation to mean sea level of the lowest floor (including basement) of all new and substantially improved structures; and 2. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. 2. Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; C. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; and 11 The relationship of the proposed use to the comprehensive plan for that area. 3. The Floodplain Administrator or City Council, as applicable, may approve certain development in Zones A or AE delineated on the Tulsa County FIRM or Rogers County FIRM which increases the water surface elevation of the base flood by more than one foot, provided that the applicant for the Development Permit in that case first complies with 44 CFR Section 65.12. SECTION D. VARIANCES 1. General provisions. a. The City Council of the City of Owasso may grant variances for uses which do not satisfy the requirements of the Oklahoma Floodplain Management Act or this ordinance, if the applicant for the variance presents adequate proof that (i) compliance with this ordinance will result in an arbitrary and unreasonable taking of property without sufficient benefit or advantage to the people and (ii) satisfies the pertinent provisions of this Section D. Provided, however, no variance shall be granted where the effect of the variance will be to permit the continuance of a condition which unreasonably creates flooding hazards. b. Any variance so granted shall not be construed as to relieve any person who receives it from any liability imposed by the Oklahoma Floodplain Management Act or by other laws of the state. C. In no case shall variances be effective for a period longer than twenty (20) years. d. Any person seeking a variance shall file a petition with the City Council, accompanied by a filing fee of Twenty -five Dollars ($25.00). e. Variances may be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C(2) and provisions of Section D of this Article IV have been fully considered. As the lot size increases beyond the one -half acre, the technical justification required for issuing the variance increases. f. Any person seeking a variance to build a structure below the base flood elevation will be issued a notice signed by the Mayor as authorized by the City Council which states that (i) the cost of flood insurance will be commensurate with the increased risk resulting from permitting the structure to be built lower than the base flood elevation, and (ii) such construction below the base flood level increases risks to life and property. g. At such time as the City Council deems the petition ready for notification to the public, the City Council shall schedule a hearing and direct the applicant to publish notice thereof in a newspaper of general circulation in either Tulsa County or Rogers County, where appropriate, at least thirty (30) days prior to the hearing. 12 h. The City Council shall conduct the hearing and make determinations in accordance with the applicable provisions of this Section D. The City Council shall exercise wide discretion in weighing the equities involved and the advantages and disadvantages to the applicant and to the public at large when determining whether the variance shall be granted. i. Variances shall only be issued upon: (1) A showing of good and sufficient cause; (2) A determination that failure to grant the variance would result in exceptional hardship to the applicant; (3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws, regulations or ordinances; and (4) A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. j. Upon consideration of the factors stated in this Section D and the intent of this ordinance, the City Council may attach such conditions to the granting of a variance as it deems necessary to further the purposes and objectives stated in Article I, Section C of this ordinance. k. The Floodplain Administrator shall maintain a record of all variance actions, including justification for their issuance; and a copy of any variance issued by the City Council shall be sent by the Floodplain Administrator to the OWRB and FEMA within fifteen (15) days after issuance of the variance. 2. Special provisions. a. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. b. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. C. Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. d. Variances may be issued for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (1) The criteria of Section D(1)(e); Section D(1)(1); Section D(2)(b); and Section 13 D(2)(c) of this Article IV are met, and (2) The structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE V PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A. GENERAL STANDARDS In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: 1. All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; 2. All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; 3. All new construction or substantial improvements shall be constructed with materials resistant to flood damage; 4. All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and /or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; 6. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, 7. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B. SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevations have been provided or are otherwise determined as set forth in Article III Section B, Article IV Section B(8), or Article V Section C(1), the following provisions are required: 14 1. Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement) elevated at least one (1) foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection is satisfied. 2. Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall have the lowest floor (including basement) elevated at least one (1) foot above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection is satisfied. 3. Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (b) The bottom of all openings shall be no higher than one foot above grade; and (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. 4. Manufactured Homes - (a) Require that all manufactured homes to be placed within Zone A shall be installed using methods and practices that minimize flood damage and have the bottom of the I -beam elevated at least thirty -six (36) inches above grade or at least at or above the base flood elevation. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. The home shall be installed by a licensed installer according to Oklahoma state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home. (b) Require that manufactured homes that are placed or substantially improved within Zone AE on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or (iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" 15 as a result of a flood, be elevated on a permanent foundation such that the bottom of the I -beam for the manufactured home is elevated at least one feet above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. A licensed installer shall install the home in accordance with state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home. (c) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zone AE that are not subject to the provisions of paragraph (4) of this section be elevated so that the bottom of the I -beam of the manufactured home is at least one foot above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. A licensed installer shall install the home in accordance with state law and compliance herewith shall be certified in writing to the Floodplain Administrator by said installer prior to habitation of the manufactured home. 5. Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A and AE either: (a) Be on the site for fewer than 180 consecutive days, (b) Be fully licensed and ready for highway use, or (c) Meet the permit requirements of Article IV, Section C, and the elevation and anchoring requirements for "manufactured homes" in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. 6. Accessory Structure — Accessory structures to be placed on sites within Zones A and AE shall comply with the following: (a) The structure shall be unfinished on the interior; (b) The structure shall be used only for parking and limited storage; (c) The structure shall not be used for human habitation. Prohibited activities or uses include but are not limited to working, sleeping, living, cooking, or restroom use; (d) Service facilities such as electrical and heating equipment must be elevated to or above the BFE; (e) The structure shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters; 16 (f) The structure shall be designed to have low flood damage potential and constructed with flood resistance materials; (g) The structure shall be firmly anchored to prevent flotation, collapse, and lateral movement; (h) Floodway requirements must be met in the construction of the structure; (i) Openings to relieve hydrostatic pressure during a flood shall be provided below the BFE; and (j) The structure shall be located so as not to cause damage to adjacent and nearby structures. SECTION C. STANDARDS FOR SUBDIVISIONS 1. The applicant for a Development Permit for any subdivision located in Zones A and AE which is 51 or more lots or greater than 5 acres shall generate the base flood elevation data for that subdivision. 2. All subdivisions including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. 3. All subdivisions including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. SECTION D. FLOODWAYS The following provisions shall apply to floodways: 1. Encroachments, including but not limited to fill, new construction, substantial improvements and other development are prohibited within the adopted floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the City of Owasso during the occurrence of the base flood discharge. 2. If Article V, Section D.1 above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article V. 3. The City of Owasso may permit encroachments within the adopted floodway that would result in an increase in base flood elevations, provided that the applicant for the Development Permit complies with all of 44 CFR Section 65.12. 17 SECTION E. SEVERABILITY If any section, clause, sentence, or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. ARTICLE VI PENALTIES FOR NONCOMPLIANCE No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this ordinance and other applicable regulations. A structure or other development without the elevation certificate or other certifications required in this ordinance is presumed to be in violation until such time as that documentation is provided. Violation of the provisions of this ordinance by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500.00 or imprisoned for not more than one year or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the City Council of the City of Owasso or its City Attorney from taking such other lawful action as is necessary to prevent or remedy any violation. CERTIFICATION It is hereby found and declared by the City Council of the City of Owasso that severe flooding has occurred in the past within its jurisdiction and will certainly occur within the future; that flooding is likely to result in infliction of serious personal injury or death, and is likely to result in substantial injury or destruction of property within its jurisdiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program, and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist, and this ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in full force and effect from and after its passage and approval. 18 This ordinance goes into effect on August 3, 2009, and on and after that date supersedes any previous floodplain management regulations or ordinance(s) applicable to the City of Owasso. ADOPTED BY THE CITY COUNCIL OF THE CITY OF OWASSO THIS 21sT DAY OF JULY, 2009. ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney CITY COUNCIL OF City of Owasso Stephen Cataudella, Mayor wt I, the undersigned City Clerk of the City of Owasso, hereby certify that the above is a true and correct copy of a flood damage prevention ordinance duly adopted by the City Council of the City of Owasso at a regular meeting of said City Council duly convened and held on 2009. I further certify that the Oklahoma Open Meeting Act was complied with in all respects for such meeting. City Clerk, City of Owasso (SEAL) 20