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Home My WebLink About2006.07.11_City Council Agenda_SpecialTYPE OF MEETING: Special DATE: July 11, 2006 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 11:00 a.m- on Friday, July 7, 2006. Juliann M. Stevens, Administrative Assistant 1. Call to Order Mayor Stephen Cataudella 2. Invocation Mike Culbreath, Rejoice Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Mecki-iess, followed by a public service announcement. Ray Haynes, Owasso Character Council S .-Agendas'Council,2006%071 I_speci.d_doc Owasso City Council July 11, 2006 Page 2 6. Presentation of the City of Owasso Employee of the Month for July 2006. Mr. Ray Mr. Ray will introduce the Employee of the Month for July 2006. 7. 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 June 20, 2006 Regular Meeting. Attachment # 7-A B. Approval of Claims. Attachment # 7-B Co Approval of Ordinance No. 866, an ordinance approving annexation request OA 06-07, containing approximately 3.5 acres, more or less, located at the southwest corner of E. 100"' Street North and N. 145`1' East Avenue. Attachment # 7-C Staff will recommend Council approval of Ordinance No. 866 and has listed this item in the consent section of the agenda based on Council actions taken June 20, 2006, approving the annexation request. Ida Approval of Ordinance No. 867, an ordinance approving an easement closure of the northern one foot of an I utility easement located on the south side of Lot 2, Block 4 (10106 North 114"' East Avenue) in the Sawgrass Park addition. Attachment #, 7-O Staff will recommend Council approval of Ordinance No. 867 and has listed this item in the consent section of the agenda based on Council actions taken June 20, 2006, approving the casement closure request. S Ag-das C—mil 20060711_spe, qd d- Owasso City Council July 11, 2006 Page 3 8. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2006-17, a resolution accepting beneficial interest in the Tulsa County Vision Authority, a public trust, for and on behalf of the City of Owasso, Oklahoma. Mr. Ray Attachment #8 Staff will recommend Council adoption of Resolution No. 2004-17. 9. Consideration and appropriate action relating to a request for Council approval of a Letter of Agreement between the City of Owasso and Heartland Consulting Incorporated for consulting services in relation to transportation issues. Mr. Ray Attachment #9 Staff will recommend Council approval of a Letter of Agreement for consulting services between the City of Owasso and Heartland Consulting Incorporated. 10. Report from City Manager. 11. Report from City Attorney. 12. Report from City Councilors. 13. New Business (New Business is any item of business which could not have been foresecn8 at the time of posting of the agenda.) 14. Adjournment. 5 .-%gendis Counci I2"06 071 1 special doc OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 20, 2006 The Owasso City Council met in regular session on Tuesday, June 20, 2006 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 Friday, June 16, 2006. ITEM 1. CALL TO ORDER The meeting was called to order at 6:30 p.m. ITEM 2. INVOCATION The invocation was offered by Reverend Chris Tiger, First United Methodist Church. ITEM 3. FLAG SALUTE The Flag Salute was led by Councilor Kimball, ITEM 4. ROLL CALL PRESENT Steve Cataudella, Mayor Brent Colgan, Vice Mayor Wayne Guevara, Councilor Susan Kimball, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julic Lombardi, City Attorney ITEM 5. RECOGNITION OF OCCASION OF THE OWASSO ABSENT D.J. Gall, Councilor NATIONAL STEAD AND POULTRY, INC. ON THE TENTH ANNIVERSARY OF THEIR RELOCATION TO Mr. Ray, along with Gary Akin, representing the Owasso Chamber of Commercc and Tom Kimball, representing the Owasso Economic Development Authority, spoke to the many contributions of National Steak and Poultry to the City of Owasso. Mayor Cataudella then read proclamations honoring National Steak and Poultry and proclaiming June 26, 2006 as NSP Day in the City of Owasso. Owasso City Council June 20, 2006 ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the June 5, 2006 Special Meeting, June 6, 2006 Regular Meeting and June 13, 2006 Special Meeting. B. Approval of Claims. C. Acknowledgement of receiving the monthly FY 2005-2006 budget status report. D. Acceptance of the Department of Homeland Security Commercial Equipment Direct Assistance Program (CEDAP) grant. Ms. Kimball moved, seconded by Mr. Colgan, to approve the Consent Agenda with claims totaling $376,823.35 and self-insurance medical claims & fees totaling $66,331.34. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0. ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL CONFIRMATION OF THE MAYOR'S APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS Mayor Cataudella recommended confinnation of the following appointments to the positions as indicated: Annexation Committee (One Year Term) Mayor Steve Cataudella Councilor Brent Colgan Kevin Vanover (Planning Commission) Dan Draper (Planning Commission) Tammy Laakso (Citizen) Bradd Clark, Fire Dan Yancey, Police Tim Rooney, Assistant City Manager Eric Wiles, Community Development Rickey Hayes, Economic Development Ana Stagg, Public Works Julie Lombardi, City Attorney Board of Adjustment Joe Ramey (three year term) Owasso City Council June 20, 2006 Capital Improvements Committee (One year term) Wayne Guevara (City Council) Brent Colgan (City Council) Duane Coppick (Planning Commission) Tim Kimball (OEDA representative) Frank Enzbremler (Banking representative) Trish Hauser (Chamber representative) Mike Arnes (Citizen) Jim Hunter (Citizen) Bryan Stovall (Citizen) Rob Haskins (Citizen) Sherry Bishop, Finance Bradd Clark, Fire Eric Wiles, Community Development Tim Rooney, Assistant City Manager Rodney Ray, City Manager Rickey Hayes, Economic Development Ana Stagg, Public Works Dan Yancey, Police Indian Nations Council of Government (INCOG) Councilor Susan Kimball (Two year term) Rodney Ray (Alternate) INCOG Legislative Consortium Julie Lombardi (One year term) Rodney Ray (Alternate) INCOG Environmental Policy Committee Ana Stagg (One year term) Owasso Economic Development Authority Frank Enzbrcnner (Five year term) Gary Akin (Chamber representative) Mayor Steve Cataudella (Council representative) Personnel Board Bruce McCarty (Three year term) Planning Commission David Vines (Three year term) Marilyn Hinkle (Three year term) Regional Enhanced 911 Board Larry White (Three year term) Bradd Clark (Alternate) 3 Owasso City Council June 20, 2006 Regional Metropolitan Utility Authority Sherry Bishop (One year term) Ana Stagg (One year term) Sales Tax Watchdog (appointed for life of sales tax or resignation/termination) Joe Sparks (Retail Business position) Bob Buss (Service Business position) Transportation Policy Committee Councilor Susan Kimball (One year term) Ana Stagg (Alternate — One year term) Transportation Technical Committee Ana Stagg (One year term) Joe Nurre (Alternate) Mr. Colgan moved, seconded by Mr. Guevara, for Council confirmation of the Mayor's appointments. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF ANNEXATION REQUEST OA 06- 07, CONTAINING APPROXIMATELY 3.5 ACRES, MORE OR LESS, LOCATED AT THE SOUTHWEST CORNER OF EAST 100TH STREET NORTH AND NORTH 145TH EAST AVENUE Mr. McCulley presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council approval of annexation request OA 06-07, as stated above. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4--0. 4 Owasso Cite Council June 20, 2006 fTEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN EASEMENT CLOSURE OF ONE FOOT OF AN I V UTILITY EASEMENT LOCATED AT 10106 NORTH 114T" EAST AVENUE IN THE SAWGRASS PARK ADDITION Mr. McCulley presented the item. Mr. Guevara moved, seconded by Ms. Kimball, for Council approval of the easement closure, as stated above. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2006-15, A RESOLUTION DIRECTING THE CITY STAFF TO PUBLISH AND MAIL NOTICE OF PUBLIC HEARINGS CONCERNING THE ANNEXATION OF THE FOLLOWING PROPERTIES; AND, DIRECTING THE CITY STAFF TO PREPARE AN ANNEXATION SERVICES PLAN FOR SAID PROPERTIES ® The new Barnes Elementary School ® The HWY 169 Right of Way along East 76t" Street North to the railroad overpass The Hodson Elementary School ® 10 acres at 9302 North 129"' East Avenue The Episcopal Church of the Holy Cross ® An undeveloped tract at the southeast corner of East 96"' Street North and North 129"' East Avenue ® The property located on the north side of East 96"' Street North between First Baptist Church and Hwy 169 ® The Hwy 169 Right of Way from East 96th Street North to East 126th Street North Mr. Wilcs presented the item. Mr. Guevara moved, seconded by Mr. Colgan, for Council approval of Resolution No. 2006-15, as stated above. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0. 0 Owasso City Council June 20, 2006 ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL AUTHORIZATION FOR THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF OWASSO AND OKLAHOMA NATURAL GAS COMPANY FOR THE PURPOSE OF GAS FACILITIES RELOCATION WITHIN THE EAST 86"H STREET NORTH AND NORTH MINGO ROAD INTERSECTION IMPROVEMENT PROJECT; AND, AUTHORIZATION OF THE CITY MANAGER TO TERMINATE SUCH AGREEMENT IN THE EVENT THE TOTAL COSTS SHOULD EXCEED $190,626.00 Mr. Nurre presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council authorization of the Mayor to execute an agreement between the City of Owasso and Oklahoma Natural Gas Company for the purpose of gas facilities relocation for the 86"' Street North and Mingo Road Intersection Improvements; and, authorization of the City Manager to tenninate such agreement if revised estimates submitted by ONG become more than $190,626.00 prior to commencement of construction and if it is determined by the City Manager that the revised estimate no longer fits within the City budget. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0. ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF CHANGE ORDER NO. I IN THE AMOUNT OF $2,400.00; ACCEPTANCE OF THE FY 2004 CDBG ADA SIDEWALK REHABILITATION PROJECT; AND, APPROVAL OF FINAL PAYMENT TO TRI-STAR CONSTRUCTION, LLC IN THE AMOUNT OF $20,482.24 Mr. Dearing presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council approval of Change Order No. 1; acceptance of the FY 2004 CDBG ADA Sidewalk Rehabilitation Project; and approval of final payment to Tri-Star Construction, LLC in the amount of $20,482,24. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0. 6 Owasso City Council June 20, 2006 Councilor Guevara recused himself from discussion and voting on Item 13, and left Council Chambers. ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO AWARD A BID FOR ADDITIONAL CONSTRUCTION RELATING TO THE THREE LAKES VILLAGE STREET IMPROVEMENTS PROJECT Ms. Stagg presented the item. Mr. Colgan moved, seconded by Ms. Kimball, for Council acceptance of a bid from Tri-Star Construction as lowest responsive and responsible bidder for "Three Lakes Village Roadway Improvements — Contract II (Revised Scope)" in the amount of $149,975.75. YEA: Cataudella, Colgan, Kimball NAY: None Motion carried 3-0. Councilor Guevara returned to Council Chambers. ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF AN AMENDMENT TO THE FIRE STATION NO. 3 CONTRACT FOR ARCHITECTURAL AND ENGINEERING SERVICES BETWEEN BKL, INCORPORATED AND THE CITY OF OWASSO IN THE AMOUNT OF $133,000 Mr. Rooney presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council approval of an amendment to the Fire Station No. 3 Contract, as stated above. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0. ITEM 15. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A SUPPLEMENTAL APPROPRIATION TO THE FY 05-06 AMBULANCE SERVICE FUND BUDGET Ms. Bishop presented the item. Mr. Guevara moved, seconded by Ms. Kimball, for Council approval of a budget amendment increasing estimated revenue by $115,000 and increasing the appropriation far• expenditures by $80,000 in the Ambulance Service Fund. 7 Owasso City Council June 20, 2006 YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0. ITEM 16. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2006-16, A RESOLUTION APPROVING THE FY 2006-2007 OPERATING BUDGET Ms. Bishop presented the item. Mr. Colgan moved, seconded by Mr. Guevara, for Council adoption of Resolution No. 2006-16. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0. ITEM 17. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING PENDING LITIGATION AGAINST THE CITY OF OWASSO, SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25, SECTION 307(B)(4) Mayor Cataudclla entertained a motion for Council to go into Executive Session. Ms. Kimball made the motion and it was seconded by Mr. Colgan. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0. Council left Council Chafnbers and went into Executive Session to discuss issues relating to a legal action filed in Federal Court against the City of Owasso by the Washington Count) .Rural Water District #3. Council returned to Council Chambers at 8: 55 pnz. ITEM 18. REPORT FROM CITY MANAGER. None. ITEM 19. REPORT FROM CITY ATTORNEY None E, Owasso City Council June 20, 2006 ITEM 20. REPORT FROM CITY COUNCILORS None ITEM 21. NEW BUSINESS None ITEM 22. ADJOURNMENT Mr. Colgan moved, seconded by Ms. Kimball, to adjourn. YEA: Cataudella, Colgan, Guevara, Kimball NAY: None Motion carried 4-0 and the meting was adjourned at 8:56 p.m. Pat Fry, Minute Clerk Steve Cataudella, Mayor 9 CITY OF OWASSO CLAIMS TO BE PAID 07/11/06 VENDOR DESCRIPTION AMOUNT SIMMONS HOMES PERMIT REFUND 219.50 SIMMONS HOMES PERMIT REFUND 210.50 SIMMONS HOMES PERMIT REFUND 159.00 SIMMONS HOMES PERMIT REFUND 151.00 SIMMONS HOMES PERMIT REFUND 85.00 SIMMONS HOMES PERMIT REFUND 85.00 SIMMONS HOMES PERMIT REFUND 85.00 SIMMONS HOMES PERMIT REFUND 85.00 SIMMONS HOMES PERMIT REFUND 85.00 SIMMONS HOMES PERMIT REFUND 85.00 REFUND TOTAL 1,250.00 OFFICE DEPOT OFFICE SUPPLIES 65.12 MATTHEW W. BAILEY BAILIFF DUTIES 60.00 FRANK W AMBRUS JUNE-BAILIFF DUTIES 240.00 TPI BILLING SOLUTIONS WARRANT COLLECTION 570.20 TREASURER PETTY CASH MEETING EXPENSE 71.89 TREASURER PETTY CASH MILEAGE/MEETING EXPENSE-JACKSON 150.14 OKLA TRANSPORTATION AUTHORITY PIKE PASS 3.35 MUNICIPAL COURT DEPT TOTAL 1,160.70 OFFICE DEPOT OFFICE SUPPLIES 37.00 TREASURER PETTY CASH BUDGET PAPER 35.30 METROCALL PAGER USE 6.95 TREASURER PETTY CASH CITY MGR EXPENSE 171.46 TREASURER PETTY CASH MILEAGE-J STEVENS 44.50 OKLA TRANSPORTATION AUTHORITY PIKE PASS 19.75 OKLAHOMA MUNICIPAL LEAGUE TRAINING-STEVENS 125.00 TULSA METRO CHAMBER REGISTRATION FEE -RAY 25.00 THE OKLAHOMA ACADEMY FOR STATE GOALS S EM I NAR-CATAU DELLA 50.00 THE OKLAHOMA ACADEMY FOR STATE GOALS SEMINAR -RAY 50.00 IMPERIAL FIREWORKS COMMUNITY EVENT 15,000.00 HOBBY LOBBY CREATIVE CENTER COUNCIL PRESENTATION-NSP 24.98 JUMPMAN PARTY RENTALS EMPLOYEE APPRECIATION RELAY 360.00 CUSTOM CRAFT AWARDS NSP AWARD 145.00 CUSTOM CRAFT AWARDS PLAQUE -MAYOR 65.00 MANAGERIAL DEPT TOTAL 16,159.94 OFFICE DEPOT OFFICE SUPPLIES 28.76 TREASURER PETTY CASH MILEAGE-COLLINS/HESS 75.51 THE OKLAHOMA ACADEMY FOR STATE GOALS SEMINAR -BISHOP 50.00 FINANCE DEPT TOTAL 154.27 OFFICE DEPOT OFFICE SUPPLIES 8.39 CHARACTER TRAINING INSTITUTE BULLETINS/GUIDES/CALENDAR 407.09 A A N Z SIGNS CHARACTER BANNERS 665.00 COMMUNITYCARE HMO EAP SERVICES 199.00 THE OKLAHOMA PUBLISHING COMPANY EMPLOYMENT ADVERTISING 143.80 THE OKLAHOMA PUBLISHING COMPANY EMPLOYMENT ADVERTISING 205.22 WORLD PUBLISHING COMPANY EMPLOYMENT ADVERTISING 313.35 WORLD PUBLISHING COMPANY EMPLOYMENT ADVERTISING 148.23 URGENT CARE OF GREEN COUNTRY PRE -EMPLOYMENT TESTING 407.00 TREASURER PETTY CASH NOTARY FEE 10.00 HUMAN RESOURCES DEPT TOTAL 2,507.08 OFFICE DEPOT OFFICE SUPPLIES 223.07 IKON OFFICE SOLUTIONS COPIER MAINTENANCE 637.81 VENDOR DESCRIPTION AMOUNT OWASSO IMAGING SOLUTIONS QUARTERLY BILLING -COPIERS 515.54 SAMS CLUB OPERATING SUPPLIES 22.63 CHARNEY, BUSS, & WILLIAMS, P.C. LEGAL SERVICES 577.75 COMMUNITY PUBLISHERS LEGAL NOTICES 1,614.00 CARD CENTER EBAY 3.14 SOUTHWESTERN BELL PHONE USE 62.07 SOUTHWESTERN BELL PHONE USE 1,146.15 FIR ELLIS II CO, INCORPORATED APPRAISAL SERVICES 3,352.50 RESERVE ACCOUNT POSTAGE 2,000.00 GENERAL GOVERNMENT DEPT TOTAL 10,154.66 OFFICE DEPOT OFFICE SUPPLIES 46.65 TRIAD PRINTING CODE BOOKS 300.00 METROCALL PAGER USE 13.90 CINGULAR WIRELESS PHONE USE 134.63 UNIVERSITY OF CENTRAL ARKANSAS CONFERENCE-MCCULLEY 650.00 HAMPTON INN CONWAY LODGING-MCCULLEY 300.00 AMERICAN PLANNING ASSOCIATION MEMBERSHIP 235.00 COMMUNITY DEVELOPMENT DEPT TOTAL 1,680.18 TRIAD PRINTING DESIGN CRITERIA BOOK 35.00 WAL-MART COMMUNITY DIGITAL CAMERA 319.75 OFFICE DEPOT OFFICE SUPPLIES 202.49 RIDGWAY'S LTD OFFICE SUPPLIES/PAPER 122.06 CARTRIDGE WORLD REFILL -PRINTER CARTRIDGE 119.50 CRAFTON, TULL AND ASSOCIATES, INSPECTION REPORT REVIEW 1,155.00 OKLA TRANSPORTATION AUTHORITY PIKE PASS 6.70 OKLA DEPT OF ENVIRONMENTAL QUALITY LICENSE RENEWAL 30.00 ICM DIGITAL LEVEL 175.00 WATER PRODUCTS VALVE WRENCH 41.00 ENGINEERING DEPT TOTAL 2,206.50 RADIO SHACK CABLE 199 TIGER DIRECT CABLE SPOOL/CONNECTORS 106.67 TREASURER PETTY CASH HAND TOOLS 37.94 WAL-MART COMMUNITY OFFICE SUPPLIES 18.08 LOWES HOME IMPROVEMENT TOOLS 71.99 RADIO SHACK WIRE STRIPPERS 16.99 DELL MARKETING BACKUP LICENSE RENEWAL 490.00 DELL MARKETING REMOTE AGENT LICENSE 180.00 CINGULAR WIRELESS CELL PHONE USE 48.50 CDW GOVERNMENT INC ONHOLD MESSAGE SYSTEM 161.99 DELL MARKETING MEMORY UPGRADE 50.00 INFORMATION SYSTEMS DEPT TOTAL 1,186.15 OFFICE DEPOT OFFICE SUPPLIES 59.74 BILL BASORE TRUCKING & EXCAVATION DIRT 40.00 UTILITY SUPPLY CO HYDRANT PARTS 122.00 HOME DEPOT BUILDING MATERIALS 16.03 MURPHY SANITARY SUPPLY CARPET CLEANING SUPPLIES 66.30 WHEELER METALS DOORS/ANCHORS 573.00 TUCKER JANITORIAL SUPPLY HAND SOAP 14.70 OFFICE DEPOT OFFICE SUPPLIES 78.89 GRAYBAR ELECTRIC CO PARTS -PHONE SYSTEM 9.70 AMERIFLEX HOSE & ACCESSORIES PHYSICAL PROPERTY SUPPLIES 5.60 ROBERTSON PLUMBING SUPPLY PHYSICAL PROPERTY SUPPLIES 33.90 P A M DISTRIBUTING PHYSICAL PROPERTY SUPPLIES 165.34 LOWES HOME IMPROVEMENT PHYSICAL PROPERTY SUPPLIES 822.21 SAMS CLUB PHYSICAL PROPERTY SUPPLIES 146.79 CHEROKEE BUILDING MATERIALS PHYSICAL PROPERTY SUPPLIES 130.56 VENDOR DESCRIPTION AMOUNT BROWN FARMS SOD SOD 55.00 LIBERTY FLAGS U.S. FLAGS 275.00 BAILEY EQUIPMENT WEED EATER REPAIR 47.64 UNIFIRST HOLDINGS UNIFORM RENTAL 64.16 CLASSIC ELECTRIC COMPANY ELECTRICAL WORK 191.00 CUSTOM CRAFT AWARDS NAME PLATES-COUNCIL/BOARD ADJMTS 235.00 FLYNN'S PEST CONTROL PEST CONTROL SERVICE 55.00 ROTO-ROOTER PLUMBING REPAIRS -FIRE STATION 97.90 TREASURER PETTY CASH DOC LUNCHES 90.87 OK DEPT OF CORRECTIONS DOC WORKER PROGRAM -MAY 351.52 METROCALL PAGER USE 6.99 CINGULAR WIRELESS CELL PHONE USE 25.75 SOUTHWESTERN BELL PHONE USE 137.73 CINGULAR WIRELESS CELL PHONE USE 24.25 BILL BASORE TRUCKING & EXCAVATION DIRT 80.00 UTILITY SUPPLY CO HYDRANT PARTS 142.00 SUPPORT SERVICE DEPT TOTAL 4,164.53 SKIATOOK STATUARY CONCRETE BENCH SEAT 63.80 A N Z SIGNS SIGN REPLACEMENT 300.00 ESTES, INC CHEMICALS/FERTILIZER 967.17 CEMETERY DEPT TOTAL 1,330.97 OWASSO FOP LODGE #149 LEGAL DEFENSE FY 06 122.50 OFFICE DEPOT OFFICE SUPPLIES 288.06 ONYX CORPORATION TONER CARTRIDGE 54.95 OWASSO IMAGING SOLUTIONS QUARTERLY BILLING -COPIERS 515.53 ULINE EVIDENCE COLLECTION SUPPLIES 183.89 SAMS CLUB OPERATING SUPPLIES 63.80 GALL'S INC SUPPLIES 22.55 GALL'S INC GLOVES 45.79 EMBLEM ENTERPRISES UNIFORM GEAR 553.64 PAVEYS COLLISION REPAIR VEHICLE REPAIR 132.03 STRATHE VETERINARY HOSPITAL EUTHANASIA 30.00 LAW ENFORCEMENT PSYCHOLOGICAL PSYCHOLOGICAL TESTING 160.00 METROCALL PAGER USE 260.56 SOUTHWESTERN BELL PHONE USE 61.47 SOUTHWESTERN BELL PHONE USE 965.25 OKLAHOMA POLICE SUPPLY BADGE REPAIR 5.00 PUBLIC AGENCY TRAINING COUNCIL TRAINING-MOZINGO 295.00 TREASURER PETTY CASH MEETING EXPENSE -WALLS 187.44 CARPET ONE CARPET 57.60 HOME DEPOT CONSTRUCTION MATERIALS 9.58 LOWES HOME IMPROVEMENT CONSTRUCTION SUPPLIES 6.44 CINGULAR WIRELESS PHONE USE-YANCEY 57.61 GALL'S INC ENTRY TOOLS 535.95 POLICE DEPT TOTALa_ 4,614.64 LAW ENFORCEMENT PSYCHOLOGICAL TESTING-CARRIER/MATTHEWS 160.00 SAMS CLUB OPERATING SUPPLIES 53.76 CDW GOVERNMENT INC COMPUTER NETWORKING 1,124.44 METROCALL PAGER USE 6.95 POLICE COMMUNICATIONS DEPT TOTAL 1,345.15 HILL'S PET NUTRITION SALES SHELTER SUPPLIES 237.50 SAMS CLUB OPERATING SUPPLIES 164.99 STRATHE VETERINARY HOSPITAL EUTHANASIA SERVICES 24.00 STRATHE VETERINARY HOSPITAL RABIES TESTING/EUTHANASIA 115.00 LAW ENFORCEMENT PSYCHOLOGICAL TESTING -BAKER 80.00 METROCALL PAGER USE 13.90 VENDOR DESCRIPTION AMOUNT SOUTHWESTERN BELL PHONE USE 1.53 SOUTHWESTERN BELL PHONE USE 34.14 ANIMAL CONTROL DEPT TOTAL 671.06 SAMS CLUB OPERATING SUPPLIES 7.47 FRICTION PRODUCTS REPAIR PARTS -LADDER TRUCK 1,578.70 METROCALL PAGER USE 13.90 SPRINT PCS CHARGES 181.62 SOUTHWESTERN BELL PHONE USE 14.65 SOUTHWESTERN BELL PHONE USE 206.35 CINGULAR WIRELESS CELL PHONE USE -CHIEFS 46.98 OKLA TRANSPORTATION AUTHORITY PIKE PASS 4.70 FIRE DEPT TOTAL 2,054.37 TREASURER PETTY CASH MEETING EXPENSES 11.00 SAMS CLUB OPERATING SUPPLIES 34.20 SOUTHWESTERN BELL PHONE USE 0.09 SOUTHWESTERN BELL PHONE USE 17.07 OK EMERGENCY MANAGEMENT DUES -MOTTO 35.00 EMERGENCY PREPAREDNESS DEPT TOTAL 97.36 LOGAN COUNTY ASPHALT ASPHALT 800.00 MILL CREEK LUMBER & SUPPLY BOARD 6.91 H & H INDUSTRIES BULBS -SIGNAL LIGHTS 516.00 ATWOODS CLEANING SUPPLIES/DRILL BIT 25.85 AMERIFLEX HOSE & ACCESSORIES HOSE REPAIR 34.30 UNIFIRST HOLDINGS UNIFORM RENTAL/GLEANING 66.65 TULSA COUNTY TULSA COUNTY BOCC STREET SIGNS 1,095.80 GRAINGER MIXING BOX 123.80 METROCALL PAGER USE 36.75 SOUTHWESTERN BELL PHONE USE 21.32 SHERWIN-WILLIAMS COMPANY TRAFFIC STRIPING PAINT 546.50 TRI-STAR CONSTRUCTION SKATE PARK IMPROVEMENTS 10,241.12 CASECO TRUCK BODY & EQUIPMENT PLOW 6,036.25 STREETS DEPT TOTAL 19,551.25 BAILEY EQUIPMENT TRIMMER LINE/EDGER BLADES 576.05 BILL BASORE TRUCKING & EXCAVATION DIRT 160.00 MILL CREEK LUMBER & SUPPLY DRILL BIT 3.56 GEORGE & GEORGE SAFETY AND GLOVE SAFETY CONES 550.00 MAXWELL SUPPLY OF TULSA SAND BAGS 378.00 ATWOODS SPRAY NOZZLE/HOSE 21.96 LOWES HOME IMPROVEMENT SPRAY PAINT/TAPE 35.82 QUIKSERVICE STEEL CO STEEL BEAM 25.65 UNIFIRST HOLDINGS UNIFORM RENTAL/CLEANING 71.86 QUALITY HITCH BALL/HITCH-TRUCK 267.57 WAL-MART COMMUNITY FLOOR MATS 35.85 FLEET DISTRIBUTORS EXPRESS HALOGEN LIGHT/MOUNT CLIPS 413.36 ESTES, INC BACKPACK SPRAYER 180.00 GRAINGER LAWN ROLLER/METER KIT 349.20 BAILEY EQUIPMENT TRIMMER/EDGER 609.99 BAILEY EQUIPMENT TRIMMER REPAIR 11.05 METROCALL PAGER USE 44.20 TREASURER PETTY CASH EOM LUNCH 15.76 TREASURER PETTY CASH CDL LICENSE -BUSBY 66.50 BAILEY EQUIPMENT CHAIN SAW 539.99 BAILEY EQUIPMENT TRIMMER 719.98 BAILEY EQUIPMENT TRIMMER/EDGER 1,079.97 KENT'S CUSTOM CARS & TRUCKS CHEVROLET PICKUP 9,352.00 STORMWATER DEPT TOTAL 15,508.32 VENDOR DESCRIPTION AMOUNT ATWOODS BOLT 0.70 RAINBOW CONCRETE COMPANY CONCRETE 77.00 BAILEY EQUIPMENT MAINT SUPPLIES 57.50 LOWES HOME IMPROVEMENT PAINT 14.44 LOWES HOME IMPROVEMENT PAINT -GAZEBO 21.98 LIBERTY FLAGS POW/MIA FLAGS 79.94 CINDY SIGNS SIGNS 24.00 UNIFIRST HOLDINGS UNIFORMS/PROT CLOTHING 59.16 BAILEY EQUIPMENT MOWER SHAFT 97A1 WASHINGTON CO RWD 3 MCCARTY PARK WATER 25.40 MARSHA ANN SMITH JANITORIAL SERVICE -ELM CREEK 225.00 MARSHA ANN SMITH JANITORIAL SERVICE -SKATE PARK 225.00 D & SONS LAWN CARE LAWN SERVICE-ATOR 160.00 D & SONS LAWN CARE LAWN SERVICE-ATOR 160.00 D & SONS LAWN CARE LAWN SERVICE -CENTENNIAL 999.00 D & SONS LAWN CARE LAWN SERVICE -CENTENNIAL 1,998.00 ALOHA LANDSCAPE & IRRIGATION LAWN SERVICE -ELM CREEK 454.00 ALOHA LANDSCAPE & IRRIGATION LAWN SERVICE-RAYOLA 555.00 BLOUNT LAWN SERVICES LAWN SERVICE -SKATE PARK 350.00 D & SONS LAWN CARE LAWN SERVICE -VETERANS 120.00 D & SONS LAWN CARE LAWN SERVICE -VETERANS 60.00 METROCALL PAGER USE 13.90 SOUTHWESTERN BELL PHONE USE 0.29 SOUTHWESTERN BELL PHONE USE 86.95 AT YOUR SERVICE RENTALS PORTABLE RESTROOM RENTALS 120.85 TRI-STAR CONSTRUCTION, LLC SKATE PARK SIDEWALKS 2,000.00 J & R EQUIPMENT CONCRETE REPLACEMENT 1,450.00 WORLEYS GREENHOUSE & NURSERY LANDSCAPING MATERIALS 2,160.00 PARKS DEPT TOTAL 11,595.52 CHARACTER TRAINING INSTITUTE BULLETINS 35.94 HEATWAVE SUPPLY BATHROOM REPAIR 194.00 SOUTHWESTERN BELL PHONE USE 0.15 SOUTHWESTERN BELL PHONE USE 121.70 US POSTMASTER POSTAGE 160.00 TWIN CITIES READY MIX CONCRETE -SIDEWALKS 978.00 MILL CREEK LUMBER & SUPPLY SIDEWALK MATERIALS 57.81 BROWN FARMS SOD SOD 110.00 BILL BASORE TRUCKING & EXCAVATION TOP SOIL 80.00 COMMUNITY CENTER DEPT TOTAL 1,737.60 OFFICE DEPOT OFFICE SUPPLIES 36.99 WORLEYS GREENHOUSE & NURSERY LANDSCAPING MATERIALS 32.96 WORLEYS GREENHOUSE & NURSERY PLANTS/LABOR 33.00 WORLEYS GREENHOUSE & NURSERY REPELLENT -FLOWER BEDS 7.00 SOUTHWESTERN BELL PHONE USE 0.26 SOUTHWESTERN BELL PHONE USE 19.99 CARR CONSTRUCTION PAINTING 413.00 OFFICE DEPOT OFFICE FURNITURE 106.49 HISTORICAL MUSEUM DEPT TOTAL 649.69 WORDCOM TONER 139.27 TREASURER PETTY CASH MEETING EXPENSE-HAYES 515.64 LONE STAR OVERNIGHT OVERNIGHT DELIVERY 23.00 ECONOMIC DEVELOPMENT DEPT TOTAL 677.91 GENERAL FUND TOTAL 100,457.85 PAGANO, DOROTHY REFUND #7622 73.73 VENDOR DESCRIPTION AMOUNT ALLIANCE MEDICAL AMBULANCE SUPPLIES 3,265.90 PACE PRODUCTS OF TULSA AMBULANCE SUPPLIES 247.70 CROW BURLINGAME COMPANY REPAIR SUPPLIES 89.57 CINGULAR WIRELESS CELL PHONE USE -OTHERS 77.90 AMBULANCE SERVICE FUND TOTAL 3,754.80 MESHEK & ASSOCIATES ENGINEERING SERVICES 4,167.27 MESHEK & ASSOCIATES STORMWATER MASTER PLANNING 2,852.77 STORMWATER MGMT FUND TOTAL 7,020.04 TREASURER PETTY CASH AC REFUND/ELLENITA BROWER 20.00 ANIMAL STERILIZATION FUND TOTAL 20.00 GARVER ENGINEERS ENGINEERING SERVICES 2,500.00 POE & ASSOCIATES CAPITAL PLAN PREPARATION 1,463.39 CHARNEY, BUSS, & WILLIAMS, P.C. LEGAL SERVICES 406.25 CHARNEY, BUSS, & WILLIAMS, P.C. LEGAL SERVICES 625.00 FIR ELLIS II CO, INCORPORATED APPRAISAL SERVICES 5,242.50 MESHEK & ASSOCIATES ENGINEERING SERVICES 01/17/06 732.95 YMCA OF GREATER TULSA YMCA POOL PROJECT -MATERIALS 31,229.27 CAPITAL IMPROVEMENTS FUND TOTAL 42,199.36 TRI-STAR CONSTRUCTION, LLC SKATE PARK SIDEWALKS 6,500.00 TRI-STAR CONSTRUCTION, LLC SKATE PARK IMPROVEMENTS 10,241.12 CAPITAL PROJECTS GRANTS FUND TOTAL 16,741.12 TREASURER PETTY CASH MEETING EXPENSE 28.91 O'REILLY AUTOMOTIVE SHOP SUPPLIES 2.59 UNIFIRST HOLDINGS UNIFORM RENTAL 104.32 EQUIPMENT ONE RENTAL & SALES PROPANE -FORKLIFT 19.99 CLASSIC CHEVROLET PARTS FOR RESALE 204.12 UNITED FORD PARTS FOR RESALE 9.38 CROW BURLINGAME COMPANY PARTS FOR RESALE 11.98 FRONTIER INTERNATIONAL TRUCKS PARTS FOR RESALE 636.66 O'REILLY AUTOMOTIVE PARTS FOR RESALE 2,050.40 ATC FREIGHTLINER GROUP PARTS -AMBULANCE 309.00 AMERIFLEX HOSE & ACCESSORIES PARTS-BACKHOE 99.05 FRICTION PRODUCTS REPAIR PARTS -TRASH TRUCK 283.70 NAPA/GENUINE PARTS COMPANY STARTER/GORE RETURN 264.29 METROCALL PAGER USE 6.95 SOUTHWESTERN BELL PHONE USE 3.18 SOUTHWESTERN BELL. PHONE USE 34.14 CINGULAR WIRELESS CELL PHONE USE 24.24 LENOX WRECKER SERVICE TOWING SERVICE 50.00 CITY GARAGE FUND TOTAL 4,142.90 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMPENSATION LEGAL 21.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMPENSATION MEDICAL 2,005.84 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMPENSATION SETTLEMENT 1,530.00 WORKERS COMP FUND TOTAL �n. 3,556.84 STREET LAMPS OF AMERICA TORT CLAIM 235.00 PAVEYS COLLISION REPAIR VEHICLE REPAIR 1,188.29 SELF INSURANCE FUND TOTAL 1,423.29 GRAND TOTAL 179,316.20 CITY -i ?S: HEALTHCARE SELF INSURANCE VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICE ADMIN FEES VISION DEPT TOTAL 23,483.75 24,358.70 47,842.45 397.00 2,487.77 1,514.90 1,770.30 1,724.08 772.45 868.64 1,641.09 Of 0 MM W PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 6/10/2006 Department Overtime Expenses Total Expenses Municipal Court 0.00-11 13,679.52 Managerial 0.00 15,564.16 Human Resourses 0.00 6,419.97 mm'dhit 'D bevels � 'ent- y eve opm 14,759.66 'Engineering0.00 12,425.72 Support Services 36.47 8,061.99 Central Dispatch 314.64 9,498.05 be 4affund Total 4,579.94 $3 MR.F. Me- I . ...... .... .... . CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 6/24/2006 Department Overtime Expenses Total Expenses 'Municipal Court 0.00':3,463.55 Managerial 0.00 14,378.43 Human Resourses 0.00 5,305.43 0: ,. 6 v'e', 16p, ent b" 6 mmUnity , b, .9 Engineering 0.00 11.750.20 Support Services 0.00 7,161.91 Central Dis 70.09 7,217.32 Fire 456.99 57,706.37 "Emlergenc, "Prepare d y 07 Streets 0.00 6,798.95 Sto miWa r1ROW Maint, 295.68 7,i 44,90 Park Maintenance 0.00 5,699 70 Comtnunity-Senior,Clenter,,,�,,'I - I aw Historical Museum 0.00 2,259.27 'Economic pveopmentl; -" ;�§679`,�� .General Fund Total 7249;�-, 7, 4, I TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO DATE: July 5, 2006 BACKGROUND: At the June 20, 2006 meeting, the Owasso City Council approved an Annexation request (OA 06-07) for approximately 3.5 acres, located at the southwest comer of East 100,h Street North and North 145t, East Avenue. Attached is a copy of Ordinance No. 866 that formally adopts the City Council's action of June 20, 2006. AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION SIXTEEN (16), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, COUNTY OF TULSA, STATE OF OKLAHOMA, ACCORDING TO THE US GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a petition in writing, signed by not less than three -fourths of the legal voters and owners of not less than three -fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WIFIEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on June 20, 2006 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 2Wh day of June, 2006, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said petition had been given. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL, OF THE, CITY OF OWASSO, OKLAHOMA, Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to -wit: BEING A PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION SIXTEEN (16), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN U be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section I hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. PASSED AND APPROVED this 11"' day of July, 2006. Stephen Cataudella, Mayor Sherry Bishop, City Clerk Julie Lombardi, City Attorney I I N. Nlmn St 0,,�asso- Ok 74w�i4,,, I 1)' 3, 7 6. 15( , �17, 7 " �J'F , 4 1 �, Property OA 06-07 Jc- m TO: THE HONORABLE MAYOR AND COUNCIL CITY *F OWASSO-- FROM: CHIP MCCULLEY CITY PLANNER DATE: July 5, 2006 BACKGROUND: At the June 20, 2006 meeting, the Owasso City Council approved an casement closure request for the northern F of an I I' utility easement located on the south side Lot 2, Block 4, Sawgrass Park. Attached is a copy of Ordinance No. 867 that formally adopts the City Council's action of June 20, 2006. RECOMMENDATION: 0 Staff recommends Council approval of Ordinance No. 861 14HAN 1 11110 a MIN W_ 01 XIIJ M1111 WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to the public use a portion of a certain utility/access easement; WHEREAS, said utility/access easement is described as follows: A part of an Eleven (11) foot wide Utility Easement along the South line of Lot Two (2) in Block Four (4) of SAWGRASS PARK AT BAILEY RANCH, an addition to the City of Owasso recorded as Plat No. 5588, located in the West half (W/2) of Section Seventeen (17) of Township Twenty -on (2 1) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B.&M.) Tulsa County, Oklahoma, being more particularly described as follows: Commencing at the SE corner of said Lot 2; thence S 880494 1 " W along the south line of said Lot 2 a distance of 3 5.00 feet; thence N I'l 0'19" W a distance of 10.00 feet to the Point of Beginning; thence S 8 8'49'4 1 " W and parallel with the south line of said Lot 2 a distance of 45.00 feet; thence N 1010'19" W a distance of 1.00 feet to the north line of said I I foot wide utility easement; thence N 8 8'49'4 1 " E along the north line of said 11 foot wide utility easement a distance of 45.00 feet; thence S 1'10'19" E a distance of 1.00 feet to the Point of Beginning. WHE, REAS, pursuant to Title 11, Oklahoma Statutes, Section 42-110, the only holders of a franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement are Public Service Company of Oklahoma, and/or Oklahoma Natural Gas Company, and/or Southwestern Bell Telephone Company, and/or Cox Communications Company, and; WHERE AS, the above holders of franchise or purported holders of a franchise that may purport to have a special right or privilege to use said utility easement have waived their objections to the closure of said easement, if any, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE, CITY OF OWASSO, OKLAHOMA, THAT, Section 1. Thefollowing described utility/access easement, be, and the same is hereby closed to the public use, to -wit: A part of an Eleven (11) foot wide Utility Easement along the South line of Lot Two (2) in Block Four (4) of SAWGRASS PARK AT BAILEY RANCH, an addition to the City of Owasso recorded as Plat No. 5588, located in the West half (W/2) of Section Seventeen (17) of Township Twenty -on (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B.&M.) Tulsa County, Oklahoma, being more particularly Commencing at the SE corner of said Lot 2; thence S 8 8'49'4 1 " W along the south line of said Lot 2 a distance of 3 5.00 feet; thence N I'l 0'19" W a distance of 10.00 feet to the Point of Beginning; thence S 8 8'49'4 1 " W and parallel with the south line of said Lot 2 a distance of 45.00 feet; thence N 1'10'19" W a distance of 1.00 feet to the north line of said 11 foot wide utility easement; thence N 88'49'41" E along the north line of said 11 foot wide utility easement a distance of 45.00 feet; thence S 1'10'19'9 E a distance of 1.00 feet to the Point of Beginning. Section 2. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby expressly repealed. PASSED AND APPROVED this I Ith day of July, 2006. ATTEST: APPROVED: City Clerk City Attorney 41 w y 0 Ld ST N w c� Owasso Community Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www. city ofowasso. co Easement ''°c77 SimmonHomes w CO I I 10 1L` ►1 • ► 1 ff TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY • .. • ♦., , ,,,.. CITY 1. ;�,UBJECT: REQUEST TO ACCEPT BENEFICIAL INTERE ST IN VISION 2025 COUNTY -WIDE TRUST AUTHORITY i; • ' • ! 1' On September 9, 2003, Tulsa County voters approved a county -wide increase in sales tax as a funding source for capital improvement projects (known as Vision 2025). In approving the sales tax increase the voters also established a process and legal mechanism for the disbursement of any funds "excess" to the cost of the approved projects. That mechanism was the creation of a "Public Trust" (like our OPWA or OPGA) that would be given the authority to determine the use and distribution of any excess funds generated by the sales tax. The Trust would also have the authority to add to or delete projects from the approved list of funded capital improvement projects. The voters required the Public Trust to be comprised of seven members to include the Mayor of the City of Tulsa, the three County Commissioners and three mayors of Tulsa County Cities or Towns, one from each Commission district appointed by the County Commissioners. These seven members would form the Trust and would meet to determine the distribution of additional funds if such were available. On June 26, 2006, the Tulsa County Commission initiated the creation of the public trust as authorized by the voters and accepted "beneficial interest" in that trust. The City of Owasso is designated as an "additional beneficiary" of the public trust, but may not legally become a beneficiary until the Owasso City Council adopts a resolution officially accepting that beneficial interest. The County Commission has requested all Tulsa County Cities and Towns take action to accept benchcial interest in the Trust. The reason for this request to create a Trust centers on an anticipated request by the City of Tulsa for additional funding for the already under construction downtown arena. Last estimates indicate that the currently approved level of funding for the arena ($141 million dollars) will be insufficient to complete the project as planned and that additional funding is needed to complete the project. Estimates for the amount of additional funding needed range from thirty-four million dollars to forty-two million dollars. Financial consultants for the County have indicated that the current rate of revenue generated by the sales tax will result in an estimated one -hundred and four million dollars in excess collections over the life of the tax (the tax will expire January 1, 2017). Based on that prediction, the possibility exists that the additional funding needed by the City of Tulsa for the arena could be secured by an additional appropriation of "Vision 2025" funds to that project. However, in order to appropriate those additional funds, the required Public Trust referred to above must be created to hear and act on the request. The Trust members will consist of Mayor Taylor(Tulsa), Commissioner Collins, Commissioner Dick, Commissioner Miller, Mayor Stan Sallee (Collinsville), Mayor Richard Carter (Broken Arrow) and Mayor Shayne Buchanan (Glenpool). Please note that the three mayors representing Tulsa County Cities have not yet been officially appointed, although each Commissioner has strongly indicated their choice for the positions and I fully expect the appointments to be made as soon as the resolutions accepting beneficial interest are approved. The City does have options in responding to this request and may proceed by accepting beneficial interest in the Trust, or by choosing not to do so. By accepting beneficial interest, the City better positions itself to participate as a recipient of future allocations of excess revenues, if such arc determined to be available. However, it should be noted that if the City were not to participate, county officials have said that the City would not be automatically excluded from receiving additional future funding from excess 2025 sales tax revenues. It should also be noted that a city's decision not to proceed as a member of the Trust would not prevent the Trust from being formed. Based on a discussion with the bond counsel, it appears to me that the trust could be formed without all of the Tulsa County Cities participating in its creation. The staff recommends City Council approval of Resolution No. 2006-17 accepting beneficial interest in the "Tulsa County Vision Authority". ATTACHMENT: 1. Resolution No. 2006-17 2. Proposed Trust Document Lei 19 . 1 WHEREAS, It is in the best interest of the City of Owasso to participate as a member of the Tulsa County Vision Authority. NOW, THEREFORE, DE IT RESOLVED that the City Council of the City of Owasso, Oklahoma as the governing body of said City hereby accepts, for and on behalf of said City, the beneficial interest in the Declarartion of Trust creating the public trust desiganted as the Tulsa County Vision Authority, provided for in the Declaration of Trust of said public trust, in all respects in accordance with said Declaration of Trust. ADOPTED this I I"' day of July, 2006. Stephen Cataudella, Mayor ATTEST: Sherry ]bishop, City Clerk DECLARATIONOF OF Ll The undersigned Trustor hereby contracts with the undersigned Trustees, and the latter, as individuals and not as holders of public office, hereby do declare and covenant, between themselves and unto the Trustor, the State of Oklahoma and the Beneficiary hereinafter described, that they and their successors do and will hold, receive and administer the Trust Estate hereinafter described, as Trustees of a public trust under and pursuant to the laws of the State of Oklahoma now in force and effect (generally, but not exclusively, Title 60, Oklahoma Statutes 2001, Sections 176-180.3, inclusive, and the Oklahoma Trust Act), solely for the use and benefit of the Beneficiaries for the public purposes and functions hereinafter- set forth, in the manner provided in this instrument or, in the absence of applicable provision herein, then in the manner now provided by law. The aforesaid public trust is created by virtue of the execution of this instrument by the individuals signing the same as the Trustor and initial Trustees hereunder; and neither the acceptance of the beneficial interest hereunder, nor the endorsement hereon of such acceptance, for and on behalf of the designated Beneficiaries as provided by law, nor the fact that, at the time of signing this instrument, some or all of the initial Trustees are members of the governing body thereof, shall be deemed or construed to be the creation of a public trust by any such Beneficiary or the governing body thereof The undersigned Trustor hereby forever irrevocably conveys, relinquishes and assigns to the Trustees of the Authority any and all right, title and interest he may have in and under this Declaration of Trust and the trust created hereunder, including, without limitation, the right to consent to and approve any changes, amendments or supplements to this Declaration of Trust. M The name of this Trust shall be, and the Trustees thereof in their representative fiduciary capacity shall be designated as the "Tulsa County Vision Authority". Under that name, the Trustees shall, so far as practicable, conduct all business and execute all instruments in writing, and otherwise perform their duties and functions, in execution of this Trust. M PURPOSE The purposes of this Trust, for and on behalf of the Beneficiary as hereinafter described, are: (a) To determine which additional projects shall be funded with excess funds generated from the Tulsa County sales tax approved September 9, 2003, in Propositions 2-4, inclusive, as provided in Section 8 of each of the t1wee Resolutions adopted July 7, 2003, calling such Tulsa County sales tax election relating to propositions 2-4 inclusive. (b) To approve any deletion or addition of projects fi-om those listed in Section 8 of each of the three Resolutions adopted July 7, 2003, calling the Tulsa County sales tax election regarding propositions 2-4 inclusive, and anymajorchange in scope of any such project. 0002020.2 This Trust shall have duration for the term of duration of the Beneficiaries as hereinafter described, and until such time as the Trust's purposes shall have been fully executed and fulfilled, or until it shall be terminated as hereinafter provided. VI TRUST ESTATE The Trust Estate shall consist of all money, property (real, personal and/or mixed), rights, chosen in action, contracts, leases, privileges, franchises, benefits and all other things of value (whether or not above described) presently in or hereafter coming into the hands, or under the control, of the Trustees pursuant to the provisions of this instrument or by virtue of the Trusteeship herein declared. Furthermore, each of the Beneficiaries hereto shall contribute the sum of $1.00 to the Trust Estate upon acceptance of beneficial interest herein. Cf% (a) The Trustees of this Trust shall be seven (7) in number, three of whom shall be the same persons, ex offrcio, who currently shall be the acting members of the legally -constituted governing body of Tulsa County, Oklahoma, without distinction as to the office held, one of whom shall be the same person, ex officio, who currently shall be the Mayor of the City of Tulsa, Oklahoma (the "Ex Officio Trustees"), and three of whom (the "Appointive Trustees"), shall be at the time of appointment the Mayor of a municipality, other than the City of Tulsa, located in whole or in part in Tulsa County, Oklahoma, and which has accepted beneficial interest in this Trust, and the undersigned, as Trustees, and all successors thereof who shall qualify as Trustees as hereinafter provided, each contract, agree and covenant with and to each other, with and to the State of Oklahoma, with and to each Beneficiary hereunder, and with and to each component thereof, as by law n.ow in force and effect, that they will execute the Lust herein declared and created, as Trustees for the Beneficiaries hereunder, and each component thereof, and that they do and will receive, hold and administer the Trust Estate solely for the use and benefit of the said Beneficiaries in the manner provided in this instrument, or, in the absence of applicable provision herein, then in the manner now provided by presently existing law. The Ex Officio Trustees and Appointive Trustees are herein collectively called the "Trustees". The initial Appointive Trustees shall be appointed by the presiding officer of the governing body of Tulsa County, Oklahoma, and confirmed by a majority of the persons who constitute the governing body of Tulsa County, Oklahoma, and they shall serve, respectively, for fixed terms from the date of appointment and qualification as hereinafter provided to December 31, 2006, and each such person shall continue to serve until a successor shall have qualified, useless removed as provided by law. Each undersigned Ex Officio Trustee shall continue as such until succeeded and replaced by some other person as an officer of Tulsa County, Oklahoma, above designated, or as Mayor of the City of Tulsa, as appropriate, ex offrcio, to be an Ex Officio Trustee and such other person shall have qualified as ati Ex Officio Trustee hereunder as provided in paragraph (f) of this Section; each person who shall become such an above -designated member ofthe governing body of Tulsa County, Oklahoma or the Mayor of the City of Tulsa, as appropriate, shall be entitled to qualify as, and to become, an Ex Officio Trustee hereunder and to continue as such, until succeeded and .replaced by some other person as such member of the governing body of Tulsa County, Oklahoma, or as such Mayor of the City of Tulsa, as appropriate, and such other person shall have qualified as an Ex Officio Trustee hereunder as provided in paragraph (f) of this Section: PROVIDED, that in the event the number of persons constituting the governing body of Tulsa County, Oklahoma, shall be reduced by or pursuant to applicable law, any person serving as an Ex Officio Trustee who shall cease to be a member of the governing body of Tulsa County, Oklahoma, shall, forthwith, cease to be an Ex Officio Trustee of this Trust. Each Appointive Trustee shall continue as such unless such Appointive Trustee shall cease to be a member of the legally -constituted governing body of the Tulsa County municipality from which he was appointed, in which event such person shall, forthwith, cease to be an Appointive Trustee of this Trust. All of the legal rights, powers and duties of each Trustee shall terminate when he shall cease to be a Trustee hereunder and all of such legal rights, powers and duties shall devolve upon his successor and successors, with full right and power of the latter to do or perform any act or thing which his predecessor or any predecessor could have done or performed. Successors to each of the Appointive Trustees shall have fixed terms of one (1) year, and shall continue to serve until a successor has qualified hereunder. Upon the expiration of the fixed term of an Appointive Trustee, the power of appointment of his successor hereby is vested in the person who then shall be the presiding officer of the governing body of Tulsa County, but before such appointment: shall become effective, it also shall require the confirmation of a majority of the persons who then shall constitute the governing body of Tulsa County; Provided, that if the form of government of Tulsa County be changed, or the said Tulsa County shall have been succeeded by another governmental entity as provided in Section VIII hereof, then the aforesaid appointive power shall be vested in the person who then shall be the elected official who shall be the presiding officer of the governing body thereof, and confirmation of all such appointments shall be required by a majority of persons who then shall constitute the elected governing body of such successor. In the event of a vacancy in a Appointive Trusteeship, the Trustees shall certify the fact of said vacancy to the above described appointive power- and the Mayor of a municipality, other than the City of Tulsa, located in whole or in part in Tulsa County and which has accepted beneficial interest in this Trust, shall be appointed as an Appointive Trustee for the unexpired term by the presiding officer of the governing body of Tulsa County and confirmed by a majority of persons who constitute the governing body of Tulsa County. In the event that the aforesaid appointing and confirming power, as above set forth, shall fail effectively to appoint a successor Appointive Trustee or said Trustee shall fail to qualify as a Trustee within thirty (30) days next following the expiration of the fixed terra of an incumbent Appointive Trustee or within thirty (30) days next following certification of the fact of existence of a vacancy, the power of appointment of a successor Trustee shall be vested in the then remaining incumbent Trustec or Trustees. The determination of the right of any person to qualify as a Trustee hereunder shall be vested exclusively in the incumbent Trustees, and their- determination shall be final. All of the legal rights, powers and duties of each Trustee shall terminate when he shall cease to be a Trustee hereunder and all of such legal rights, powers and duties shall devolve upon his successor and successors, with full right and power of the latter to do or perform any act or thing which his predecessor or any predecessor could have done or performed. (b) The person who shall be the Chairman of the Board of County Commissioners of Tulsa County, Oklahoma, shall become automatically the Chairman of the Trustees and shall preside at all meetings and perform other duties designated by the Trustees. The Trustees shall designate the time and place of all regular meetings. A majority of the duly qualified and acting Trustees of this Trust shall constitute a quorum for voting purposes and all other purposes hereunder. All actions by the Trustees pursuant to the provisions of this Declaration of Trust shall be approved by the affirmative vote of at least a majority of a quorurn of the Trustees. The Trustees shall select one of their members to be Vice -Chairman, who shall act in the place of the Chairman during the latter's absence or - incapacity to act. (c) The Trustees shall select a person to act as Secretary of the Trustees. The Secretary shall keep minutes of all meetings of the Trustees and shall maintain complete and accurate records of all their financial transactions, all such minutes, books and records to be on file in the office of the Trust. All meetings ofthe Trustees shall comply with the Oklahoma Open Meeting Act, and the books, records and minutes of the Trustees shall comply with the Oklahoma Open Records Act. (d) The person who shall be the County Treasurer of the Tulsa County, Oklahoma, shall act as Treasurer of the Trustees. (c) All Trustees shall serve without compensation but may be reimbursed for actual expenses incurred in the performance of their duties hereunder from any legally available funds of the Trust. (f) All Trustees serving hereunder, shall qualify by written acceptance of all of the terms of this instrument, duly acknowledged and filed in the office of the County Clerk of Tulsa County, Oklahoma, and by subscribing and filing such oaths as shall be required by law of public officers of the State of Oklahoma. (g) Upon each change of personnel of the Trustees hereunder, the Trustees shall cause to be filed in the office of the County Clerk mentioned in paragraph (f) above, a certificate as to the entire personnel of the Trustees of this Trust. (h) The acceptance of the office of Trustee of this Trust shall not constitute the Trustees hereunder to be in partnership or association, but each shall be an individual and wholly independent Trustee only. (i) Notwithstanding any provision of this instrument which shall appear to provide otherwise, no Trustee or Trustees shall have any power or authority to bind or obligate any other Trustee, or any Beneficiary of this Trust, in his or its individual capacity. 0) All persons, firms, associations, trusteeships, corporations, municipalities, governments, and all agents, agencies and instrumentalities thereof, contracting with any Trustee or Trustees, shall take notice that all expenses and obligations, and all debts, damages, judgments, decrees or liabilities incurred by ally Trustee or Trustees and any of the foregoing incurred by any agent, servant, or employee of any such Trustee or Trustees, in the execution of the purposes of this Trust, whether arising fi-om contract or tort, shall be solely chargeable to, and payable out of the Trust Estate. In no event shall any Trustee, or any Beneficiary of this Trust, be in any manner individually liable for any injury or damage to persons or property, or for breach of contract or obligation, caused by, arising from incident to or growing out of the execution of this Trust; nor shall they, or any of there, be liable for the acts or omissions of each other or of any agent, servant or employee of the aforesaid Trustees, or of another such Trustee: PROVIDED, HOWEVER, that the foregoing shall not apply to any willful or grossly negligent breach of trust of any said Trustee. POWERS AND DUTIES OF TRUSTEES Subject to, and in full compliance with, all requirements of law applicable to this Trust or to the Trustees thereof: (a) The Trustees, in the manner hereinafter set forth, shall do, or cause to be done, all things which are incidental, necessary, proper or convenient to carry fully into effect the purposes enumerated in Section 11I of this instrument, with the general authority hereby given being intended to make fully effective the power of the Trustees under this instrument. (b) The Trustees, by resolution, may divide the duties of the Trustees hereunder, delegating all or any part of such duties to one or another of the Trustees as they deem proper, but, where a specific duty is not so delegated, a majority of a quorum of the Trustees must act for the Trust. (c) No bond shall be required of the Trustees, or arty of them, unless they shall deem the same proper and shall provide therefor by Resolution. (d) All records of the Trust shall be kept at the principal office of the Trust. (e) As soon as reasonably convenient after the acceptance of beneficial interest hereunder by any Beneficiary, the Trustees' first meeting shall be held at the call of any Tn.rstee. At their first meeting, the Trustees shall designate the principal office of the Trust; and they also shall designate the time and place for regular meetings of the Trustees. No notice shall be required for the holding of regular meetings of the Trustees except as otherwise provided by law. Special meetings may be held upon such call as shall be fixed by Resolution of the Trustees. The Trustees shall cause to be filed in all places where this instrument is recorded, a certificate designating the principal office of the Trust and the time and place of regular meetings of the Trustees; and any changes therein shall be filed for record in like manner. (a) The term "Beneficiaries", as used in this instrument, shall denote Tulsa County, Oklahoma, the City of Tulsa, the City of Bixby, the City of Broken Arrow, the City of Collinsville, the City of Glenpool, the City of Jenks, the City of Owasso, the City of Sand Springs, the Town of Skiatook, and the Town of Sperry, acting by and through their governing bodies, and likewise shall denote any governmental entity which hereafter may succeed such County or any such municipality as the governing authority of the territory lying within the boundaries of said County or any such municipality on the effective date of this instrument. (b) The Beneficiaries shall have no legal claim or right to the Trust Estate, or to any part thereof against the Trustees or anyone holding under them; neither shall the Beneficiaries, as such, have any authority, power or right whatsoever to do or transact any business whatsoever for, or on behalf of, or binding upon, the Trustees or the Trust Estate; neither shall the Beneficiaries have the right to control or direct the actions of the Trustees in respect of the Trust Estate, or any part thereof, nor shall the Beneficiaries have any right to demand or require any partition or distribution of the Trust Estate, or any part thereof. The Beneficiaries shall be entitled solely to the benefits of this Trust, as administered by the Trustees hereunder, and at the termination of the Trust, as provided herein, and then only, each of the Beneficiaries hereunder shall be entitled to the sum of $1.00, with the exception of Tulsa County, Oklahoma, whieh shall in addition to the sum of $1.00 receive the remaining residue of the Trust Estate. Notwithstanding anything in the aforesaid appearing to be to the contrary, no provision in this instrument and/or of any Acceptance of Beneficial Interest thereunder by the governing bodies of the said Beneficiaries, limiting, restricting or denying any authority, power, or right of the Beneficiaries of said Trust in relation to the administration thereof is intended, or shall be construed or interpreted, to effect a surrender, or to attempt to effect a surrender, of any of the sovereign governmental powers of the State of Oklahoma or of the Beneficiaries; but any and all provisions of this trust instrument are intended, and shall be applied, to relate solely and only to the proprietary rights and property interests of the said Beneficiaries, in trust, as distinguished from their sovereign governmcrltal powers and authority. It further is agreed that nothing contained in this Declaration of Trust and/or in any Acceptance of Beneficial Interest thereunder shall be construed, interpreted or applied as intending to grant, or to grant to the Trustees hereunder an exclusive franchise in relation to any powers, rights or authority of the Trustees under this instrument. M T A'f ION (a) This Trust shall be irrevocable by the Tmstor and shall terminate: (1) When the purposes set forth in Section III of this instrument: shall have been fully executed and fulfilled. or (2) In the event of the happening of any event or circumstance that would prevent said purposes fa-orn being executed and fulfilled AND all of the Trustees and the governing bodies of the Beneficiaries who have accepted beneficial interest hereunder, with the approval of the Governor of the State of Oklahoma, shall agree that such event or circumstance has taken place: PROVIDED, HOWEVER, that all indebtedness of the Trust shall have been paid; or (3) In the manner provided by Title 60, Oklahoma Statutes 2001, Section 1 S0: PROVIDED, HOWEVER, that this Trust shall not be terminated by voluntary action if there be outstanding indebtedness or fixed -terns obligations of the Trustees, unless all owners of such indebtedness or obligations or someone authorized by them so to do, shall have consented in writing to such termination. (b) Upon the termination of this Trust, the Trustees shall proceed to wind up the affairs ofthe Trust, and, after- payment of all debts and obligations out of Trust assets, to the extent thereof, shall distribute the residue of the Trust assets to Tulsa County, Oklahoma, as provided in Section VIII of this instrument. Upon final distribution as aforesaid, the powers, duties and authority of the Trustees hereunder shall cease. 0 PARTIAL INEFFECTIVENESS The invalidity or ineffectiveness for any reason of any one or more words, phrases, clauses, paragraphs, subsections or sections of this instrument shall not affect the remaining portions hereof so long as such remaining portions shall constitute a rational instrument. Any such invalid or ineffective portion was insertedd conditionally upon its being valid and effective only; and this instrument shall be construed as though such invalid or ineffective portion had not been inserted herein. The provisions hereof shall be binding upon the undersigned, their- heirs, executors, administrators and assigns. IN WITNESS WHEREOF, we have hereunto set our hands, executing t is Declamon of Trust in several multiple originals, all of which constitute one and the same instrument, thisday ef-76'L'A If oyqt4, 2006. Wilbert E. Collins, Sr., Trustor Wilbert E. Collins, Sr., Trustee Rd ert N. Dick, Trustee Rand! Miller, Trustee Kathryn L. Taylor, Trustee , Trustee Him , Trustee STATE OF OKL,AHOMA ) ss. COUNTY OF TULSA ) The foregoing instrument was acknowledged before me thisckto day of 2006, by Wilbert E. Collins, Sr. y Commission Number and Expiration bate: The foregoing instrument was acknowledged before me thi day of , 2006, by Wilbert E. Collins, Sr., Robert N. Dick and Randi Miller. Notary Fublic My Commission Date: The foregoing instrument was acknowledged before me this day of , 2006, by Kathryn L. "Taylor. My Commission Number and Expiration Date: The foregoing instrument was acknowledged before me this -- --- 9 -- - - _ and My Commission Number and Expiration Date: day of e, 2006, by 8 On this day of , 2006, pursuant to Resolution duly adopted by the Board of County Commissioners of Tulsa County, Oklahoma, the Board of County Commissioners of Tulsa County hereby accepts, for and on behalf of said County, the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. ATTEST: Chairman County Clerk (SEAL) On this day of _ , 2006, pursuant to an authorizing Ordinance of the Tulsa City Council, adopted on , 2006, Kathryn L. Taylor, Mayor of the City of Tulsa, Oklahoma, herewith accepts for and on behalf of the City of Tulsa the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. (SEAL) ATTEST: APPROVED AS TO FORM: City Attorney 10 Kathryn L. Taylor, Mayor On this day of _ , 2006, pursuant to Resolution duly adopted by the City Council of the City of Bixby, Oklahoma, the Mayor of the City of Bixby hereby accepts for and on behalf of said City, the beneficial interest in the trust created by the withal and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. m ATTEST: City Clerk (SEAL) On this day of 2006, pursuant to Resolution duly adopted by the City Council of the City of Broken Arrow, Oklahoma, the Mayor of the City of Broken Arrow hereby accepts for and on behalf of said City, the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. ATTEST: City Clerk (SEAL) 12 On this _ day of _____ , 2006, pursuant to Resolution duly adopted by the City Council of the City of Collinsville, Oklahoma, the Mayor of the City of Collinsville hereby accepts for and on behalf of said City, the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. ATTEST: (SEAL) 13 0 On this day of , 2006, pursuant to Resolution duly adopted by the City Council of the City of Glenpool, Oklahoma, the Mayor of the City of Glenpool hereby accepts for and on behalf of said City, the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. ATTEST: (SEAL) 14 ACCEPTANCE OF BENEFICIAL INTEREST On this day of , 2006, pursuant to Resolution duly adopted by the City Council of the City of Jenks, Oklahoma, the Mayor of the City of Jenks hereby accepts for and on behalf of said City, the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. CITE' OF JENKS, OKLAHOMA M ATTEST: City Clerk (SEAL) On this _ day of _, 2006, pursuant to Resolution duly adopted by the City Council of the City of Owasso, Oklahoma, the Mayor of the City of Owasso hereby accepts for and on behalf of said City, the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. ATTEST: City Clerk (SEAT,) 16 On this day of , 2006, pursuant to Resolution duly adopted by the City Council of the City of Sand Springs, Oklahoma, the Mayor of the City of Sand Springs hereby accepts for and on behalf of said City, the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. ATTEST: (SEAL) 17 0 On this day of _ , 2006, pursuant to Resolution duly adopted by the Board of Trustees of the Town of Skiatook, Oklahoma, the Mayor of the Town of Skiatook hereby accepts for and on behalf of said Town, the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. ATTEST: Town Clerk (SEAL) 18 0 I 0 On this day of , 2006, pursuant to Resolution duly adopted by the Board of Trustees of the Town of Sperry, Oklahoma, the Mayor of the Town of Sperry hereby accepts for and on behalf of said Town, the beneficial interest in the trust created by the within and foregoing Declaration of Trust, in all respects in accordance with the terms of said Declaration of Trust. i ATTEST: CBI O HONORABLE AMAYOR 1 CITY COUNCIL CITY OF O FROM: RODNEY J '• CITY c +. C AGREEMENT HEARTLAND O J � I T11 IT? The approved FY 2006-07 budget establishes, as a major goal, the initiation of a program that provides a strategy for the accelerated widening of U.S. 169 from 46"' Street North to 126t1i Street North. The plan for this project includes the completion of 1) the environmental study, 2) design of the improvements, and finally 3) the construction of two additional lanes to bring the highway to a six -lane configuration. Further, it is the programs intent to accomplish the desired improvements in a time frame that completes the project within the next three to four years. Recognizing that meeting such a schedule would require an aggressive approach, this year's budget appropriated funds for the purpose of employing consultants that specialize in the areas of securing transportation funding for its clients. Such a strategy has proven successful for other cities and states and has demonstrated a track record of success in moving needed projects higher on the priority list of federal and state funding agencies. In order to meet the desired project schedule, efforts must begin immediately. The employment of consultants is the first step in the plan for securing funds for the improvement of U.S. 169 between 46r1' Street and 116"' Street. Additionally, the consultants will work with the Oklahoma Department of Transportation to ensure that a much needed "exception" to the Federal Highway Standards relating to the "Pine Street Railroad" overpass is approved for the currently funded widening project between 1-244 and 46"' Street now scheduled for construction in 2008. This "exception" is critical to the speed of the remaining improvements (a hold-up on the funded section will further delay the 46"' to 116"' section). This request is for City Council approval of a Letter of Agreement with Heartland Consulting, Inc., to engage their services as consultants to assist the City in securing funding for improvements to U.S. 169. The proposed contract provides for the payment of a $126,000 fee (in regular monthly payments over a twelve month eriod) to the company and requires the company to provide a regular reporting of activities and progress to the City. Attached, for your review, is the proposed contract, as reviewed and amended by Julie Lombardi. As stated above, getting Heartland "on -board" now and authorizing them to begin working with the ODOT is important. Additionally, it is the staff understanding that the firm cannot represent the City until they are registered to do so and may not register as representing the City until they are retained officially. I_r o r_ . i�'i / i'�►11�1 1. Proposed Contract between the City of Owasso and Heartland Consulting, Inc. gel P=14 lime��1. . 111V-1111 lag MILE THIS Agreement is entered into, by and between CITY OF OWASSO ("CO"), located in Owasso, Oklahoma and HEARTLAND CONSULTING, INC. ("HC"), a Delaware corporation located in Tulsa, Oklahoma. 1. Term. CO hereby employs HC as CO's consultant to provide professional services as may be determined by CO, or its authorized representative, for a term of twelve (12) calendar months, unless terminated earlier by either party upon thirty (30) days prior written notice to the other. 2. Monthly Fee. CO shall pay HC a monthly fee in the amount of Ten Thousand Five Hundred Dollars ($10,500) payable within five (5) days after presentation of an invoice from HC to CO. These fees shall be inclusive of all expenses and services performed by HC. A. HC shall promptly respond to requests from CO and its authorized representatives concerning compliance with the terms of this Agreement, including reasonable requests for data and other relevant information. B. HC shall provide CO with monthly status updates regarding the following projects: Securing federal fanding for the widening of Highway 169 between Highway 244 and Highway 20 as well as appropriations for the Environmental Impact Study (EIS) regarding the same, C. HC shall specifically commit the combined services of Mr. Chad Bradley, Washington D.C. and Mr. Todd W. Singer, Tulsa, Oklahoma in furtherance of securing all CO requests. D. Mr. Bradley shall facilitate and monitor all federal authorizations and/or appropriations attendant to all CO requests. E. Mr. Singer shall also facilitate and monitor all federal authorizations and/or appropriations attendant to all CO requests and additionally act as liaison between CO and all federal legislative bodies and committees. 4. haws, Regulations, Cod of Business Practices. In performing the responsibilities under this Agreement, HC represents and warrants that no part of any consulting fee or other payment received by HC from CO will be offered or promised to, shared with, or paid to, directly or indirectly, any official, employee or agent of any government, govcrnment agency, government -controlled corporation, political party or candidate for public office, or to any client or any officer, employee, agent or owner of any client. S. Amendments. This Agreement may be amended, modified or altered only in writing, executed by CO, acting by said duly authorized officer(s) and by Todd W. Singer, President of HC. 6. Notice, Any notice required herein shall be by United States Mail, duly posted, or public or private courier with return receipt, the date of notice to be date of delivery. 7. Counterpart Execution. This Agreement may be executed in counterpart and each such duly executed and dated counterpart shall be deemed an original. EXECUTED this 1st day of July, 2006, effective upon the latter of the two dates entered below opposite signatures of the parties of this Agreement. Date Date Rodney J. Ray, City Manager HEARTLAND CONSULTING, INC. By. Todd W. Singer, President