HomeMy WebLinkAbout2010.10.05_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: October 5, 2010
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 at 6:00 p.m. on
Friday, October 01, 2010.
Sherry Bisho , City Clerk
AGENDA
1. Call to Order
Mayor Doug Bonebrake
2. Invocation
Dr. Craig Shaw, Superintendant of Rejoice Public Schools
3. Flag Salute
4. Roll Call
5. Reading of the Mayor's Proclamation.
Mayor Bonebrake
Attachment # 5
Mayor Bonebrake will read a proclamation declaring the week of October 3, 2010 through
October 9, 2010 to be Fire Prevention Week in the City of Owasso.
6. Reading of the Mayor's Proclamation.
Mayor Bonebrake
Attachment # 6
Mayor Bonebrake will read a proclamation declaring Saturday, October 23, 2010 to be
Owasso Harvest Festival Chili Cook-Off Day.
7. Presentation of Employee of the Quarter for 2010.
Mr. Lehr
8. Presentation of the Character Trait of Loyalty.
Dan Yancey, Owasso Character Council Member
Owasso City Council
October 5, 2010
Page 2
Consideration and appropriate action relating to a request for City 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 September 21, 2010 Regular Meeting.
Attachment # 9-A
B. Approval of Claims.
Attachment # 9-B
C. Appointment of Daniel Dearing as the alternate appointee on the INCOG Tulsa
Transportation Management Area Technical Advisory Committee.
Attachment # 9-C
Staff recommends City Council approval of the appointment of Daniel Dearing as the
alternate appointee on the INCOG Tulsa Transportation Management Area Technical
Advisory Committee.
D. Approval of Ordinance No. 971, an ordinance closing to the public use a utility
easement located in the southwest quarter of section 9, township 21 north, range 14
east, Tulsa county, Oklahoma, and repealing all ordinances or parts of ordinances in
conflict herewith.
Attachment # 9-D
Staff recommends City Council approval of Ordinance No. 971, and has listed this item
in the Consent Agenda due to actions taken July 20, 2010 to approve the easement
closure.
Approval of Ordinance No. 972, an ordinance approving zoning application number
OZ-10-02 changing the zoning of property located in section 15, township 21 north,
range 14 east, Tulsa county, Oklahoma, from agricultural & commercial shopping
districts to an office medium zoning designation, and repealing all ordinances or parts
of ordinances in conflict herewith.
Attachment # 9-E
Staff recommends city Council approval of Ordinance No. 972, and has listed this item
in the Consent Agenda due to actions taken September 21, 2010 to approve the
zoning application.
10. Consideration and appropriate action relating to items removed from the Consent
Agenda.
11. Consideration and appropriate action relating to a request for City Council rejection of the
bids for the Rayola Park Improvement Project, and authorize staff to re-bid the project.
Mr. Stevens
Attachment # 1 1
Staff recommends City Council reject the three received bids due to the cost exceeding
the Department's engineering estimate and available funding, and authorize staff to re-
bid the project.
Owasso City Council
October 5, 2010
Page 3
12. Consideration and appropriate action relating to a request for City Council authorization
for payment to the Court, upon filing of the Commissioners' Report relating to the case City
of Owasso vs. Stokes, the Commissioners' Award, compensatory fees to each
Commissioner for his or her service, and all other required fees.
Ms. Lombardi
Attachment # 12
Staff recommends City Council authorization for payment to the Court, upon filing of the
Commissioners' Report, the Commissioners' Award, compensatory fees to each
Commissioner for his or her service, and all other required court fees.
13. Consideration and appropriate action relating to a request for City Council approval of the
mediated settlement agreement relating to the case City of Owasso vs. Mills; authorization
for payment in the total amount of $100,000; authorization for the City Manager to execute
all necessary documents; and authorization for dismissal of the condemnation action.
Ms. Lombardi
Attachment # 13
Staff recommends City Council approval of the mediated settlement agreement in the
matter of City of Owasso vs. Mills, to include the acquisition of right-of-way, compensation
for damages to the property, and reinstallation of the landowner's double gate and posts
in concrete after construction has been completed. Staff further recommends
authorization for payment of $29,634 for the acquisition of right-of-way and $70,366 in
compensation for damages to the property, for a total amount of $100,000; authorization
for the City Manager to execute all necessary documents; and authorization for dismissal
of the condemnation action after the land has been obtained.
PUBLIC HEARING
14. The City Council will conduct a public hearing for the purpose of receiving citizen
comments and input relating to proposed Capital Improvement projects to be funded by
the third penny sales tax.
Mr. Lehr
Attachment # 14
A public hearing will be held for the purpose of receiving comments and citizen input
regarding a recommendation from the Owasso Capital Improvement committee to the
City Council to amend the Capital Improvement Projects Priority List; more specifically, to
include the East 76th Street North Widening Project from US 169 to North 129th East Avenue.
15. Report from City Manager.
16. Report from City Attorney.
17. Report from City Councilors.
18. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda.)
19. Adjournment.
The City of Owasso
ymc4wlt,~oGcrnz-
WHEREAS, the City of Owasso is committed to ensuring the safety and
security of all those living in and visiting our city; and
WHEREAS, fire is a serious public safety concern both locally and nationally,
and homes are the locations where people are at greatest risk from fire; and
WHEREAS, roughly 3,000 people die as a result of home fires and burns, and
more than 200,000 individuals are seen in the nation's emergency rooms for burn
and
WHEREAS, cooking is the le
while heating equipment and smoking
WHEREAS, Owasso's first
of home fires and home fire injuries
WHEREAS, Owasso resides
are able to take personal steps to
homes; and
ding causes of home fire deaths; and
•e dedicated to reducing the occurrence
ration and protection education; and
~sive to public education measures and
it safety from fire, especially in their
WHEREAS, residents who have planned and practiced a home fire escape plan
are more prepared and will therefore be more likely to survive afire; and
WHEREAS, the 2010 Fire Prevention Week theme, "Smoke Alarms: A Sound
You Can Live With," effectively serves to remind us all. of the simple actions we can
take to stay safer from fire during Fire Prevention Week and year-round.
NOW, THEREFORE, I, DOUG BONEBRAKE, by virtue of the authority vested in
me as Mayor of the City of Owasso, do hereby proclaim the week of October 3, 2010
through October 9, 2010 to be
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in the City of Owasso, and do further urge all citizens to heed the important safety
messages of Fire Prevention Week 2010 and support the many public safety activities
and efforts of Owasso's fire and emergency services.
IN WITNESS THEREOF, I have hereunto set
my hand and caused the seal of the City of
Owasso to be affixed this 5`' day of October,
2010.
Doug Bonebrake, Mayor
The City of Owasso
~~trr.~~crirrr~o>r
WHEREAS, the City of Owasso is proud to be called a "City of
Character," and there is no food anywhere that has more character than Chili;
and
WHEREAS, Will Rogers himself proclaimed that "Any man who likes
Chili can't be all bad;" and
WHEREAS, the City of Owasso is proud to sponsor the Owasso Harvest
Festival Chili Cook-off, saluting the spice, spirit, and sauciness of the Owasso
Community; and
WHEREAS, the Owasso Harvest Festival Chili Cook-off will be the
official State of Oklahoma Championship Cook-off for the International Chili
Society, attracting the best chili cooks in the state, region, nation and world; and
WHEREAS, the Owasso Harvest Festival Chili Cook-off will be held in
conjunction with the Annual Owasso Harvest festival and will benefit the
Owasso High School Band, and
NOW, THEREFORE, I, DOUG BONEBRAKE, by virtue of the authority
vested in me as Mayor of the City of Owasso, do hereby proclaim Saturday,
October 23, 2010 to be
e". - e
-9 K
in the City of Owasso, and do further encourage all citizens and their families to
attend the Harvest Festival and enjoy the hospitality of our great community.
IN WITNESS THEREOF, I have hereunto
set my hand and caused the seal of the City of
Owasso to be affixed this 5" day of October,
2010.
Doug Bonebrake, Mayor
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, September 21, 2010
The Owasso City Council met in regular session on Tuesday, September 21, 2010 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall
bulletin board at 6:00 p.m. on Friday, September 17, 2010.
ITEM 1. CALL TO ORDER
Mayor Bonebrake called the meeting to order at 6:30 p,m.
ITEM 2. INVOCATION
The invocation was offered by Pastor Alvin Fruga of Presence Theatre.
ITEM 3. FLAG SALUTE
Councilor Guevara led the flag salute.
ITEM 4. ROLL CALL
PRESENT ABSENT
Doug Bonebrake, Mayor None
Jon Sinex, Vice Mayor
Steve Cataudella, Councilor
Wayne Guevara, Councilor
Bryan Stovall, Councilor
A quorum was declared present.
STAFF
Rodney Ray, City Manager
Julie Lombardi, City Attorney
ITEM 5. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL
APPROVAL OF THE CONSENT AGENDA
A, Approval of Minutes of the September 7, 2010 Regular Meeting and September
14, 2010 Special Meeting.
B. Approval of Claims.
C. Acknowledgement of receiving the monthly FY 2009-10 budget status report.
Mr. Cataudella moved, seconded by Mr. Sinex, to approve the Consent Agenda with claims
totaling $386,844,88. Also included for review were the healthcare self-insurance claims report
and payroll payment report for pay period ending 09/11 /10.
YEA: Cataudella, Stovall, Sinex, Guevara, Bonebrake
NAY: None
Motion carried 5-0.
Owasso City Council September 21, 2010
ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM
THE CONSENT AGENDA
No action was required on this item.
ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY
COUNCIL APPROVAL OF AN AGREEMENT BETWEEN CLAIMS MANAGEMENT
RESOURCES (CMR) AND THE CITY OF OWASSO, AND AUTHORIZATION FOR THE CITY
MANAGER TO EXECUTE THE AGREEMENT
Ms. Dempster presented the item, recommending City Council approval of an agreement
between CMR and the City of Owasso, for the purpose of providing damage claim and
subrogation services to the City of Owasso; and authorization for the City Manager to execute
the agreement.
Mr, Cataudella moved, seconded by Mr. Guevara, to approve the agreement between CMR
and the City of Owasso, as recommended.
YEA: Sinex, Stovall, Cataudella, Guevara, Bonebrake.
NAY: None
Motion carried 5-0.
ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY
COUNCIL APPROVAL OF RESOLUTION NO. 2010-11, DECLARING AUTHORIZATION OF
ADDITIONAL COLLECTION FEES IN AN AMOUNT NOT EXCEEDING THIRTY-FIVE
PERCENT ON CERTAIN UNPAID DEBTS, ACCOUNTS RECEIVABLE, FINES, COST, FEES,
PENALTIES, INTEREST AND OTHER SUMS DUE THE CITY
Ms. Dempster presented the item, recommending City Council approval of Resolution No. 2010-
11.
Mr. Guevara moved, seconded by Mr. Stovall, to approve Resolution No. 2010-11, as
recommended.
YEA: Guevara, Stovall, Sinex, Cataudella, Bonebrake
NAY: None
Motion carried 5-0.
ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY
COUNCIL ACCEPTANCE OF THE 2011 HIGHWAY SAFETY GRANT, AND
AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE AGREEMENT WITH THE
OKLAHOMA HIGHWAY SAFETY OFFICE FOR MANAGEMENT OF THE GRANT
Mr. Chambless presented the item, recommending City Council acceptance of the 2011
Highway Safety Grant in the amount of $50,000, and authorization for the City Manager to
execute the agreement.
Mr. Cataudella moved, seconded by Mr. Guevara, to accept the grant and authorize the City
Manager to execute the agreement, as recommended,
YEA: Guevara, Cataudella, Sinex, Stovall, Bonebrake
NAY: None
2
Owasso City Council
Motion carried 5-0.
September 21, 2010
ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY
COUNCIL ACCEPTANCE OF THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE
GRANT (JAG); AND APPROVAL OF A SUPPLEMENTAL APPROPRIATION IN THE
GENERAL FUND, POLICE SERVICES BUDGET, INCREASING ESTIMATED REVENUES AND
THE APPROPRIATION FOR EXPENDITURES IN THE AMOUNT OF $10,226
Mr. Yancey presented the item, recommending City Council acceptance of the JAG grant, and
approval of a supplemental appropriation in the General Fund, Police Services budget,
increasing estimated revenues and the appropriation for expenditures in the amount of $10,226.
Mr. Guevara moved, seconded by Mr. Stovall, to accept the grant and approve a
supplemental appropriation in the General Fund, as recommended,
YEA: Sinex, Stovall, Guevara, Cataudella, Bonebrake
NAY: None
Motion carried 5-0,
ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY
COUNCIL APPROVAL OF OZ-10-02, A REQUEST TO REZONE 25.31 ACRES LOCATED
APPROXIMATELY 1/2 OF A MILE NORTH OF EAST 106TH STREET NORTH, AND JUST EAST
OF THE OWASSO EXPRESSWAY, FROM AGRICULTURAL AND COMMERCIAL SHOPPING
ZONING DESIGNATION TO OFFICE MEDIUM DESIGNATION
Ms. Darnaby presented the item, recommending City Council approval of OZ-10-02.
Mr. Stovall moved, seconded by Mr. Sinex, to approve OZ-10-02, as recommended,
YEA: Sinex, Stovall, Guevara, Cataudella, Bonebrake
NAY: None
Motion carried 5-0.
ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY
COUNCIL APPROVAL OF RESOLUTION NO. 2010-12, MODIFYING APPLICATION AND
PERMIT FEES FOR RE-ZONING APPLICATIONS, PRELIMINARY AND FINAL PLAT
APPLICATIONS, ANNEXATION PETITIONS, SIGN PERMITS, PARK DEVELOPMENT,
LANDSCAPE PLAN REVIEWS, AND BOARD OF ADJUSTMENT APPLICATIONS; AND
ESTABLISHING AN EFFECTIVE DATE
Mr. Fritschen presented the item, recommending City Council approval of Resolution No. 2010-
12.
Mr. Stovall moved, seconded by Mr. Guevara, to approve Resolution No. 2010-12, as
recommended.
YEA: Sinex, Stovall, Guevara, Cataudella, Bonebrake
NAY: None
Motion carried 5-0.
3
Owosso City Council
September 21, 2010
ITEM 13. REPORT FROM CITY MANAGER
Mr. Ray provided a report on recent City activities. Mr, Ray noted that City staff is currently in the
process of working with the Town of Sperry to assist them in developing a Comprehensive Land
Use Plan, and that staff will be bringing a proposed inter-local agreement regarding assistance
with the plan before City Council for approval.
ITEM 14. REPORT FROM CITY ATTORNEY
No report.
ITEM 15. REPORT FROM CITY COUNCILORS
No report.
ITEM 16. NEW BUSINESS
None.
ITEM 17. ADJOURNMENT
Mr. Cataudella moved, seconded by Mr. Guevara, to adjourn the meeting.
YEA: Sinex, Guevara, Stovall, Cataudella, Bonebrake
NAY: None
Motion carried 5-0 and the meeting was adjourned at 7:05 p.m,
Doug Bonebrake, Mayor
Klan Kamas, Minute Clerk
4
Claims List
10/05/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
GENERAL
TREASURER PETTY CASH
CC REFUND/JACKSON
30.00
TREASURER PETTY CASH
CC REFUND/JACKSON
50.00
TREASURER PETTY CASH
CC REFUND/MOODY
50.00
TREASURER PETTY CASH
CC REFUND/ANGLEN
50.00
TREASURER PETTY CASH
CC REFUND/ESLINGER
50.00
TREASURER PETTY CASH
CC REFUND/TROTTER
50.00
TREASURER PETTY CASH
CC REFUND/COLE
50.00
TREASURER PETTY CASH
VOID CK#5794/HARKINS
-75.00
TOTAL GENERAL 255.00
MUNICIPAL COURT CHARLES N. ROMANS BAILIFF SERVICES 350.00
TOTAL MUNICIPAL COURT 350.00
MANAGERIAL
JPMORGAN CHASE BANK
KCD-RED,WHITE,BOOM MUSIC
200.00
JPMORGAN CHASE BANK
MEETING EXPENSE
33.00
JPMORGAN CHASE BANK
MEETING EXPENSE
44.24
JPMORGAN CHASE BANK
MEETING EXPENSE
21.35
TREASURER PETTY CASH
MEETING EXPENSE
10.00
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
33.99
JPMORGAN CHASE BANK
MEETING EXPENSE
80.89
TOTAL MANAGERIAL 423.47
FINANCE
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
9.20
COLE & REED, P.C.
PROFESSIONAL FEES-AUDIT
2,625.00
TOTAL FINANCE 2,634.20
HUMAN RESOURCES
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
39.99
SAV-ON PRINTING & SIGNS LLC
OFFICE SUPPLIES
163.80
RICH & CARTMILL, INC
POSITION SCHEDULE BOND
1,400.00
RICH & CARTMILL, INC
PUBLIC EMPLOYEES BOND
114.00
JPMORGAN CHASE BANK
STRATEGIC GOVT-ADVERTISIN
250.00
JPMORGAN CHASE BANK
OKLAHOMAN-ADVERTISING
586.72
TOTAL HUMAN RESOURCES 2,554.51
HR - CHARACTER INITIATIVE
JPMORGAN CHASE BANK
OFFICE DEPOT-STOCK PAPER
28.98
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
174.30
JPMORGAN CHASE BANK
MAIL THIS-INVITATIONS
10.00
TOTAL HR - CHARACTER INITIATIVE 213.28
CHARACTER SCHOOLS JPMORGAN CHASE BANK CHARACTER INITIATIVE 110.16
TOTAL CHARACTER SCHOOLS 110.16
Page 1
Claims List
10/05/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
GENERAL GOVERNMENT
SAV-ON PRINTING & SIGNS LLC
WINDOW ENVELOPES
175.00
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
59.66
TREASURER PETTY CASH
POSTAGE
6.40
AT&T
CONSOLIDATED PHONE BILL
721.70
XEROX CORPORATION
COPIER SERVICE & SUPPLIES
702.80
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
64.56
CINTAS CORPORATION
CARPET/ MAT CLEANING
30.45
MAIL FINANCE, INC
POSTAGE MACHINE LEASE
389.00
XEROX CORPORATION
COPIER SERVICE & SUPPLIES
8.63
IKON OFFICE SOLUTIONS, INC
COPIER SERVICE & SUPPLIES
398.35
TOTAL GENERAL GOVERNMENT 2,556.55
COMMUNITY DEVELOPMENT
SPRINT
SPRINT CARDS
79.98
INDIAN NATIONS COUNCIL OF GOVERNMEN
1 ST QTR DUES
4,860.75
TOTAL COMMUNITY DEVELOPMENT 4,940.73
ENGINEERING
SPRINT
SPRINT CARDS
119.97
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
46.27
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
13.20
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
13.20
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
24.98
TOTAL ENGINEERING 217.62
INFORMATION TECHNOLOGY
OKLAHOMA GOVERNMENT INFORMATION
ANNUAL MEMBERSHIP
50.00
SPRINT
SPRINT CARDS
79.98
USA MOBILITY WIRELESS, INC
PAGER USE
8.70
TOTAL INFORMATION TECHNOLOGY 138.68
SUPPORT SERVICES
COPY WORLD BUSINESS SOLUTIONS, LLC
COPIER MAINT AGMT - QTRLY
110.00
JASON JEROME QUINTON
WATER LEAK REPAIR SVCS OC
125.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
19.25
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
19.25
SPRINT
SPRINT CARDS
119.97
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
16.45
JPMORGAN CHASE BANK
LOWES-PARTS
40.39
AT&T
CONSOLIDATED PHONE BILL
57.84
JPMORGAN CHASE BANK
GRAINGER-THERMOSTAT
76.50
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
1.93
JPMORGAN CHASE BANK
LIGHTING-LIGHTS
149.70
JPMORGAN CHASE BANK
LIGHTING-PARTS
11.90
JPMORGAN CHASE BANK
LOWES-PARTS
13.28
TOTAL SUPPORT SERVICES 761.46
Page 2
Claims List
10/05/2010
Budget Unit Title
Vendor Name
Payable Description
Pa ment Amouni
CEMETERY
JPMORGAN CHASE BANK
ATWOODS-TRASH BAGS
19.98
TOTAL CEMETERY 19.98
POLICE SERVICES
JPMORGAN CHASE BANK
ULTRA MAX-AMMO
540.00
AT&T
CONSOLIDATED PHONE BILL
498.63
JPMORGAN CHASE BANK
LOWES-EAR PLUGS
14.94
TREASURER PETTY CASH
FUEL
25.30
TREASURER PETTY CASH
MEALS/BELL & BARNES
77.71
TREASURER PETTY CASH
DUESIYANCEY
78.00
JPMORGAN CHASE BANK
GALLS-GUN RACKS
550.00
JPMORGAN CHASE BANK
SHORE POWER-BATTERIES
102.83
JPMORGAN CHASE BANK
LASER SOURCE-TONER
130.00
OK ASSOCIATION OF CHIEFS OF POLICE
PRE EMPLOYMENT EXAMS
475.00
BOARD OF TESTS FOR ALCOHOL & DRUG
INTOXILYZER SCHOOL
62.00
BOARD OF TESTS FOR ALCOHOL & DRUG
INTOXILYZER SCHOOL
62.00
JPMORGAN CHASE BANK
PUBLIC SAFE CTR-TEST KITS
39.98
JPMORGAN CHASE BANK
PUBLIC SAFE CTR-TEST KITS
299.96
JPMORGAN CHASE BANK
WALMART-AMMO
62.91
JPMORGAN CHASE BANK
WATERSTONE-DRY CLEANING
1,430.25
JPMORGAN CHASE BANK
TRAINING EXPENSE
13.67
JPMORGAN CHASE BANK
ADVANCED FILING-SUPPLIES
35.67
FLEET DISTRIBUTORS EXPRESS
INSTALLATION OF EQUIPMENT
315.00
FLEET DISTRIBUTORS EXPRESS
INSTALLATION OF EQUIPMENT
300.00
JPMORGAN CHASE BANK
CHARACTER TRAINING
17.47
JPMORGAN CHASE BANK
GT-TASER CARTRIDGES
50.85
JPMORGAN CHASE BANK
GALLS-PEPPER SPRAY
254.80
JPMORGAN CHASE BANK
GALLS-GUN HOLSTER
109.99
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
57.85
JPMORGAN CHASE BANK
LODGING EXPENSE
140.00
JPMORGAN CHASE BANK
PATROL TECH-BULBS
14.25
JPMORGAN CHASE BANK
VCA-RABIES VACCINES
65.78
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
24.88
SPRINT
SPRINT CARDS
479.88
USA MOBILITY WIRELESS, INC
PAGER USE
78.80
JPMORGAN CHASE BANK
GALLS-APPAREL
60.18
JPMORGAN CHASE BANK
CHARACTER TRAINING
50.62
JPMORGAN CHASE BANK
WALMART-STRENGTHS BOOK
13.49
TOTAL POLICE SERVICES 6,532.69
POLICE-DOJ VEST GRANT
JPMORGAN CHASE BANK
GALLS-PROTECTIVE VEST
345.36
JPMORGAN CHASE BANK
GALLS-TACTICAL CARRIER
115.56
JPMORGAN CHASE BANK
GALLS-PROTECTIVE VEST
1,205.47
JPMORGAN CHASE BANK
GALLS-VEST CARRIER
56.87
JPMORGAN CHASE BANK
GALLS-PROTECTIVE VEST
371.43
JPMORGAN CHASE BANK
GALLS-VEST CARRIER
112.00
Page 3
Claims List
10/05/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
TOTAL POLICE-DOJ VEST GRANT 2,206.69
POLICE COMMUNICATIONS
JPMORGAN CHASE BANK
SGR-RED FLAG TRAINING
29.00
DEPARTMENT OF PUBLIC SAFETY
OLETS EQUIPMENT & DATAMAX
450.00
LANGUAGE LINE SERVICES
TRANSLATION SERVICES
12.66
JPMORGAN CHASE BANK
WALMART-PRISONER MEALS
188.48
USA MOBILITY WIRELESS, INC
PAGER USE
26.10
JPMORGAN CHASE BANK
REASORS-FABRIC SHEETS
5.58
TOTAL POLICE COMMUNICATIONS 711.82
ANIMAL CONTROL
JPMORGAN CHASE BANK
OREILLYS-THREAD LOCK
11.98
ANNE K. KARN
SPAY AND NEUTERING
740.00
JPMORGAN CHASE BANK
LOWES-SCREWS
7.54
AT&T
CONSOLIDATED PHONE BILL
44.97
HILL'S PET NUTRITION SALES, INC
SHELTER SUPPLIES
28.00
HILL'S PET NUTRITION SALES, INC
SHELTER SUPPLIES
28.00
JPMORGAN CHASE BANK
SOUTHERN AG-SUPPLIES
7.99
HILL'S PET NUTRITION SALES, INC
SHELTER SUPPLIES
7.00
HILL'S PET NUTRITION SALES, INC
SHELTER SUPPLIES
14.00
JPMORGAN CHASE BANK
WALMART-SUPPLIES
66.42
JPMORGAN CHASE BANK
FULLERTON-OXYGEN
128.00
JPMORGAN CHASE BANK
FULLERTON-OXYGEN
33.50
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
3.13
TOTAL ANIMAL CONTROL 1,120.53
FIRE SERVICES
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
23.11
JPMORGAN CHASE BANK
CHIEF SUPPLY-APPAREL
17.50
OK ASSOCIATION OF CHIEFS OF POLICE
PRE-EMPLOYMENT TESTING
1,172.50
JPMORGAN CHASE BANK
ACADEMY-APPAREL
99.99
JPMORGAN CHASE BANK
TULSA AUTO-1_2 REPAIRS
2,202.08
JPMORGAN CHASE BANK
LOWES-STORAGE TOTES
84.18
JPMORGAN CHASE BANK
HOME DEPOT-OIL
17.94
JPMORGAN CHASE BANK
LOWES-REPAIR PARTS
48.99
JPMORGAN CHASE BANK
BMI-COPIER USAGE
322.67
JPMORGAN CHASE BANK
CONRAD FIRE-PARTS
43.44
JPMORGAN CHASE BANK
OFFICE DEPOT-FORMS
60.75
JPMORGAN CHASE BANK
PAYPAL-APPAREL
2,377.50
AT&T
CONSOLIDATED PHONE BILL
227.80
JPMORGAN CHASE BANK
FINISH-LINE-APPAREL
79.99
JPMORGAN CHASE BANK
AMAZON-LEADERSHIP BOOKS
38.94
JPMORGAN CHASE BANK
LOWES-SUPPLIES
3.23
JPMORGAN CHASE BANK
HOBBY LOBBY-PIC FRAMES
82.55
NORTH AMERICA FIRE EQUIPMENT CO.
BUNKER GEAR
1,016.00
USA MOBILITY WIRELESS, INC
PAGER USE
96.60
Page 4
Claims List
10/05/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
FIRE SERVICES...
AT&T MOBILITY
WIRELESS SERVICE
22.04
SPRINT
SPRINT CARDS
319.92
JPMORGAN CHASE BANK
OREILLYS-TIRE GAUGE
10.22
TOTAL FIRE SERVICES 8,367.94
EMERGENCY PREPAREDNES
SPRINT
SPRINT CARDS
39.99
AT&T
CONSOLIDATED PHONE BILL
23.76
TOTAL EMERGENCY PREPAREDNESS 63.75
STREETS
JPMORGAN CHASE BANK
ARMOR PROTECT-APPAREL
35.71
JPMORGAN CHASE BANK
GELLCO-RETURN
-31.50
SPRINT
SPRINT CARDS
119.97
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
322.00
PINKLEY SALES
CAMERA CABLES
1,060.00
WORKHEALTH SOLUTIONS, LLC
HEPATITIS A & B VACCINES
260.00
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
49.54
USA MOBILITY WIRELESS, INC
PAGER USE
52.20
TULSA ASPHALT, LLC
TYPE B ASPHALT
131.10
SIGNALTEK INC
AUGUST MAINTENANCE
3,366.72
TULSA COUNTY BOCC
SIGNS
434.82
JPMORGAN CHASE BANK
P & K EQUIP-SAW REPAIR
436.68
JPMORGAN CHASE BANK
OREILLYS-SUPPLIES
11.58
SHERWOOD CONSTRUCTION CO, INC
CAPITAL IMPROVEMENTS
1,127.00
SHERWOOD CONSTRUCTION CO, INC
CAPITAL IMPROVEMENTS
211.00
SHERWOOD CONSTRUCTION CO, INC
CAPITAL IMPROVEMENTS
563.50
JPMORGAN CHASE BANK
BROWN FARMS-SOD
130.00
JPMORGAN CHASE BANK
LOWES-LUMBER
32.94
JPMORGAN CHASE BANK
LOWES-TAPE MEASURE
13.46
JPMORGAN CHASE BANK
LOWES-SUPPLIES
26.44
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
42.99
TOTAL STREETS 8,396.15
STORMWATER
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
41.56
JPMORGAN CHASE BANK
P & K EQUIP-TRIMMER REPAI
66.50
JPMORGAN CHASE BANK
LOWES-PADLOCKS
33.13
JPMORGAN CHASE BANK
P & K EQUIPMENT-BLADES
126.62
JPMORGAN CHASE BANK
FASTENAL-PARTS
5.35
JPMORGAN CHASE BANK
ATWOODS-MOTOR OIL
28.68
JPMORGAN CHASE BANK
EQUIPMENT ONE-RENTAL
135.00
JPMORGAN CHASE BANK
ATWOODS-SUPPLIES
7.39
JPMORGAN CHASE BANK
ATWOODS-GREASE GUN
14.99
JPMORGAN CHASE BANK
ATWOODS-GREASE
49.60
JPMORGAN CHASE BANK
ATWOODS-GREASE
11.90
JPMORG,1.1'', G'A.SE SAiv ; i
s
OREli_LYS-OiL/AIR Fil_TER
90.58
Page 5
Claims List
10/05/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
STORMWATER...
UNIFIRST HOLDINGS LP
UNIFORM SERVICES
47.86
WORKHEALTH SOLUTIONS, LLC
HEPATITIS A & B VACCINES
130.00
JPMORGAN CHASE BANK
AUTOZONE-WRENCHES
21.98
SPRINT
SPRINT CARDS
159.96
JPMORGAN CHASE BANK
ARMOR PROTECT-APPAREL
35.71
USA MOBILITY WIRELESS, INC
PAGER USE
214.26
TOTAL STORMWATER 1,221.07
PARKS
JPMORGAN CHASE BANK
LOWES-SUPPLIES
9.96
SPRINT
SPRINT CARDS
39.99
UNIFIRST HOLDINGS LP
UNIFORM RENTALS & CLEANIN
14.65
ELAINE WILLSON
PARK RESTROOM CLEANINGS
1,350.00
JPMORGAN CHASE BANK
WALMART-SUPPLIES
21.58
JPMORGAN CHASE BANK
ADT-SECURITY SERVICES
53.71
AT&T
CONSOLIDATED PHONE BILL
232.09
JPMORGAN CHASE BANK
NABATAK-SUPPLIES
167.20
JPMORGAN CHASE BANK
ANZ SIGNS-BANNERS
90.00
JPMORGAN CHASE BANK
FOUNTAIN PEOPLE-SUPPLIES
325.48
UNIFIRST HOLDINGS LP
UNIFORM RENTALS & CLEANIN
14.65
UNIFIRST HOLDINGS LP
UNIFORM RENTALS & CLEANIN
14.65
JUMPMAN PARTY RENTALS
JUPITER JUMPS FOR HARVEST
472.50
JOE SLITZKER
DJ FOR HARVEST FESTIVAL
175.00
DUSTIN REUDELHUBER
BALLOON ART-HARVEST FESTI
600.00
KATHY HUGHES
FACE PAINTING/TRAIN RIDES
2,050.00
A-1 TENT RENTALS, INC
TENT RENTALS-HARVEST FEST
875.00
OWASSO PUBLIC SCHOOLS
SHUTTLE BUS-HARVEST FESTI
400.00
KERRY W. METCALF
SKATE PARK MOWINGS
180.00
SKYADD, LLC
PORTABLE RESTROOMS
380.00
WASHINGTON CO RURAL WATER DISTRICT
WATER SERVICE-MCCARTY PAR
56.60
OLEN MASINGALE
ATOR PARK MOWINGS
195.00
OLEN MASINGALE
CENTENNIAL PARK MOWINGS
1,950.00
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
2.74
TOTAL PARKS 9,670.80
COMMUNITY CENTER
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
2.40
JPMORGAN CHASE BANK
TUCKER JANT'L-SUPPLIES
59.90
JPMORGAN CHASE BANK
TUCKER JANT'L-SUPPLIES
36.75
JPMORGAN CHASE BANK
WALMART-SUPPLIES
25.86
AT&T
CONSOLIDATED PHONE BILL
128.72
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
62.28
TOTAL COMMUNITY CENTER 315.91
HISTORICAL MUSEUM
AT&T
CONSOLIDATED PHONE BILL
23.76
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
1.85
Page 6
Claims List
10/05/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
HISTORICAL MUSEUM...
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
9.39
TOTAL HISTORICAL MUSEUM
35.00
ECONOMIC DEV
JPMORGAN CHASE BANK
MEETING EXPENSE
8.68
JPMORGAN CHASE BANK
AMAZON-LEADERSHIP BOOK
18.57
SPRINT
SPRINT CARDS
39.99
OWASSO CHAMBER OF COMMERCE
SULLIVAN LUNCHEON
30.00
TOTAL ECONOMIC DEV
97.24
FUND GRAND TOTAL
53,915.2
AMBULANCE SERVICE AMERICAN MUNICIPAL SERVICES CORP.
COLLECTION SERVICES
269.50
AMERICAN MUNICIPAL SERVICES CORP.
COLLECTION SERVICES
60.00
TOTAL AMBULANCE SERVICE
329.50
AMBULANCE
AT&T MOBILITY
WIRELESS SERVICE
81.07
JPMORGAN CHASE BANK
FULLERTON-OXYGEN
97.50
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
979.64
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
382.46
JPMORGAN CHASE BANK
ALLMED-SUPPLIES
1,009.47
JPMORGAN CHASE BANK
PHARM SYSTEMS-SUPPLIES
58.30
JPMORGAN CHASE BANK
PHARM SYSTEMS-SUPPLIES
86.20
SPRINT
SPRINT CARDS
199.95
MEDICLAIMS INC
BILLING SERVICES
7,571.75
TOTAL AMBULANCE
10,466.34
FUND GRAND TOTAL
10,795.8
E911 COMMUNICATIONS AT&T
CONSOLIDATED PHONE BILL
276.46
TOTAL E911 COMMUNICATIONS
276.46
FUND GRAND TOTAL
276.4
HOTEL TAX - ECON DEV JPMORGAN CHASE BANK
HAMPTON-BUY OWASSO
1,000.00
TOTAL HOTEL TAX - ECON DEV
1,000.00
STRONG NEIGHBORHOODS SPRINT
SPRINT CARDS
39.99
TOTAL STRONG NEIGHBORHOODS
39.99
FUND GRAND TOTAL
1,039.9
Page 7
Claims List
10/05/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
STORMWATER - STORMWATI
LOT MAINTENANCE OF OKLAHOMA, INC.
MOWING
3,887.00
TOTAL STORMWATER - STORMWATER 3,887.00
FUND GRAND TOTAL 3,887.0
CI - 106/GARNETT INTERSEC
INGRAM, BLEVINS, ROBERSON, KNIGHT
SUMMARY APPRAISAL REPORTS
10,000.00
PSA-DEWBERRY INC
ENGINEERING SERVICES
1,792.50
PSA-DEWBERRY INC
ENGINEERING SERVICES
673.20
TOTAL CI -106/GARNETT INTERSEC 12,465.70
FUND GRAND TOTAL 12,465.7
CITY GARAGE
JPMORGAN CHASE BANK
FASTENAL-SUPPLIES
27.82
JPMORGAN CHASE BANK
UNITED FORD-PARTS
279.46
AT&T
CONSOLIDATED PHONE BILL
44.97
JPMORGAN CHASE BANK
FLEETPRIDE-LED LIGHTS
16.46
JPMORGAN CHASE BANK
UNITED FORD-PARTS
11.42
JPMORGAN CHASE BANK
UNITED FORD-PARTS
55.94
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
5.40
JPMORGAN CHASE BANK
CLASSIC CHEVY-BRAKE CABLE
44.86
T & W TIRE, LP
TIRES
282.80
QUALITY TIRE & AUTO SERVICE, LLC
WHEEL ALIGNMENT
59.95
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
33.27
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
33.27
JPMORGAN CHASE BANK
JIM NORTON-PARTS/LABOR
109.37
AT&T MOBILITY
WIRELESS SERVICE
59.46
JPMORGAN CHASE BANK
AMERIFLEX-AIR HOSE PARTS
27.00
TOTAL CITY GARAGE 1,091.45
FUND GRAND TOTAL 1,091.4
WORKERS' COMP SELF-INS
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
578.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
264.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
264.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
578.00
TOTAL WORKERS' COMP SELF-INS 2,262.00
WORKERS' COMP SELF-INS
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
2,128.50
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS EXPEN
914.85
Page 8
Claims List
10/05/2010
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
TOTAL WORKERS' COMP SELF-INS
3,043.35
FUND GRAND TOTAL
5,305.3
GEN LIAB-PROP SELF INS PARKS & BEARD, ATTORNEYS AT LAW, MCKINNEY V CITY OF OWASSO
165,000.00
TOTAL GEN LIAB-PROP SELF INS
165,000.00
FUND GRAND TOTAL
165,000.0
CITY GRAND TOTAL $253,777.02
Page 9
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 09/25/10
Department Payroll Expenses Total Expenses
Municipal Court
4,586.32
6,186.89
Managerial
19,245.08
26,674.50
Finance
12,940.19
19,283.86
Human Resources
5,984.82
9,734.70
Community Development
10,193.99
14,612.75
Engineering
13,458.63
20,174.59
Information Systems
10,279.05
14,845.05
Support Services
6,667.08
9,695.69
Police
100,426.69
153,085.93
Central Dispatch
13,380.34
21,437.02
Animal Control
2,218.40
3,441.38
Fire
96,758.46
142,391.44
Emergency Preparedness
2,798.43
4,306.68
Streets
6,658.46
11,218.80
Stormwater/ROW Maint.
8,240.00
12,305.03
Park Maintenance
5,957.52
9,047.36
Community-Senior Center
3,145.50
5,109.67
Historical Museum
2,054.82
2,813.17
Economic Development
2,826.92
3,764.60
General Fund Total
327,820.70
490,129.11
Garage Fund Total 4,103.59 6,488.27
Ambulance Fund Total 20,477.07 30,031.94
Emergency 911 Fund Total 2,361.25 3,783.03
Worker's Compensation Total 4,987.30 6,021.84
Strong Neighborhoods 2,077.12 3,128.27
Stormwater Detention 875.00 990.07
CITY OF OWASO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 10/5/10
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
ADMIN FEES
STOP LOSS FEES
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL DEPT TOTAL
VSP ADMIN FEES
VISION DEPT TOTAL
AMOUNT
20,617.17
26,454.42
40,134.07
16, 053.44
19,182.80
122,441.90
4,554.80
4,554.80
1,229.46
1,229.46
HEALTHCARE SELF INSURANCE FUND TOTAL 128,226.16
0 The CitM# - V
y Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Rodney Ray
City Manager
SUBJECT: INCOG Tulsa Transportation Management Area
Technical Advisory Committee
Appointment of Alternate
DATE: October 1, 2010
BACKGROUND:
As a member of the Indian Nations Council of Government (INCOG), the City of Owasso is given
representation on the Tulsa Transportation Management Area Technical Advisory Committee
(TAC). The purpose of this committee is to serve in an advisory capacity to the Transportation
Policy Committee (TPC) on all technical matters concerning present and future intermodal
transportation systems within the Tulsa Transportation Management Area, to review TPC plans,
and to encourage the development of a regional transportation system, among other things,
According to the TAC by-laws, the City of Owasso must appoint one (1) voting representative to
the committee, along with an alternate for said voting representative in the event that he or she
is unable to attend committee meetings. The by-laws further state that any vacancies in either
of these positions shall be filled by submitting a notification of representative designation to the
Chair of the committee.
PROPOSED ACTION:
Due to the departure of the City's current alternate on the Technical Advisory Committee, Steve
Albert, staff is requesting the appointment of Daniel Dearing as the new alternate. Roger
Stevens, Director of Public Works, will remain the City Council's primary appointment to this
Committee. If approved, Mr. Dearing's appointment as alternate would expire at the normal
time of June 30, 2011.
RECOMMENDATION:
Staff recommends City Council appoint Daniel Dearing as the alternate appointee on the Tulsa
Transportation Management Area Technical Advisory Committee.
TCity Wit,a, Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Larissa Darnaby-Pruner
City Planner
SUBJECT: Ordinance No. 971
DATE: October 1, 2010
BACKGROUND:
At the July 20, 2010 meeting, the Owasso City Council approved a request for a partial
easement closure located on what is recognized as the Tulsa Technology Center's future
campus. The subject property is located on the north side of East 106th Street North and east of
the Owasso Expressway. The Council took the action on this partial easement closure request
following the Planning Commission's approval on July 12, 2010.
Attached is a copy of Ordinance No. 971 that formally adopts the City Council's action of July 20,
2010.
RECOMMENDATION:
The staff recommends City Council approval of Ordinance No. 971.
ATTACHMENT:
A. Ordinance No. 971
CITY OF OWASSO
ORDINANCE NO. 971
ORDINANCE CLOSING TO THE PUBLIC USE A UTILITY EASEMENT LOCATED IN THE
SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA
COUNTY, OKLAHOMA, AND REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, the City of Owasso, Oklahoma, has deemed it necessary and expedient to close to
the public use a portion of a certain utility easement;
WHEREAS, said utility easement is described as follows:
Book and page 6959/0071-0073
The west half of the northwest quarter of the southeast quarter (W/2 NW/4 SE/4) and the
west half of the east half of the northwest quarter of the southeast quarter(W/2 E/2 NW/4
SE/4) of Section 9, Township 21 North, Range 14 e of the Indian base and meridian, Tulsa
county, state of Oklahoma, according to the U.S. government survey thereof, less and
except that portion there of previously conveyed to the state of Oklahoma as right-of-
way for the U.S. highway 169, and less and except a tract described as: commencing
from the southeast corner of the nw/4 se/4 of said section 9; thence s 88°44'40" w and
along the south line of said NW/4 SE/4 a distance of 330.75 feet to the "Point of
Beginning"; thence S 88°44'40" W and along said south line a distance of 796.66 feet to a
point on the easterly right-of-way line of U.S. Highway 169; Thence N 4°05'39" W and
along said Easterly right-of way line a distance of 427.45 feet; thence N I'18'07" W and
along said Easterly right-of-way line a distance of 111.57 feet; thence 88°44'40" E a
distance of 817.20 feet to a point on the West line of the E/2 E/2 NW/4 SE/4 of said
Section 9; thence S 1 °19'57" E and along said west line a distance of 538.50 feet to the
"Point of Beginning".
The easements and rights-of-way grated hereby are described as follows: The south 15
feet of the east 757.20 feet of the above described tract; and The north 15 feet of the
south 20 feet of the east 30 feet of the west 90 feet of the above described tract. Said
rights-of-way to be fifteen (15) feet in width.
City of Owasso
Ordinance No. 971
Book and page 6957/2476-2479
A tract of land situated in the N/2 of the SE/4 of Section 9, Township 21 North, Range 14
east of the I.B. & Meridian, Tulsa county, State of Oklahoma, being more particularly
described as follows:
Commencing from the northeast corner of said N/2 SE/4; thence S 88°44'39" W and
along the north line of said N/2 SE/4 a distance of 1057.1 feet to the "Point of Beginning";
thence S 1 °20'48" W to a point of the west line of the E/2 E/2 NW/4 SE/4 a distance of
594.62 feet; thence N 1 ° 19'57" W to a point on the north line of the N/2 SE/4 a distance of
780.77 feet; thence 88°44'39" E and along the north line of said N/2 SE/4 a distance of
594.43 feet to the "Point of Beginning".
The overhead easements and rights-or way granted hereby are described as follows:
The east 15 feet of the north 740.77 feet of the above described tract; and
The south 15 feet of the west 554.62 feet of the above described tract, less and except
west 20 feet thereof (for which underground easement is hereafter granted; and
A parcel in the southeast corner of the above described tract, described as: beginning
at the southeast corner of said tract; thence west along the south line thereof a distance
of 40 feet; thence north parallel with the east line of said tract a distance of 15 feet;
thence in a northeasterly direction to a point that is 15 feet west and 40 feet north of the
southeast corner of the said tract; thence east parallel with the south line of said tract a
distance of 15 feet to a point on the east line of said tract; thence south along the east
line of said tract a distance of 40 feet to the "Point of Beginning".
Underground easement: The underground easement and right-of-way granted hereby is
described as follows: The south 15 feet of the west 20 feet of the above described tract.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT,
Section 1. The following described utility easement, be, and the same is hereby closed to
the public use, to-wit:
Book and page 6959/0071-0073
The west half of the northwest quarter of the southeast quarter (W/2 NW/4 SE/4) and the
west half of the east half of the northwest quarter of the southeast quarter(W/2 E/2 NW/4
SE/4) of Section 9, Township 21 North, Range 14 e of the Indian base and meridian, Tulsa
county, state of Oklahoma, according to the U.S. government survey thereof, less and
except that portion there of previously conveyed to the state of Oklahoma as right-of-
way for the U.S. highway 169, and less and except a tract described as: commencing
from the southeast corner of the nw/4 se/4 of said section 9; thence s 88°44'40" w and
along the south line of said NW/4 SE/4 a distance of 330.75 feet to the "Point of
Beginning"; thence S 88°44'40" W and along said south line a distance of 796.66 feet to a
point on the easterly right-of-way line of U.S. Highway 169; Thence N 4°05'39" W and
along said Easterly right-of way line a distance of 427.45 feet; thence N 1 '18'07" W and
along said Easterly right-of-way line a distance of 111.57 feet; thence 88°44'40" E a
distance of 817.20 feet to a point on the West line of the E/2 E/2 NW/4 SE/4 of said
Section 9; thence S 1 °19'57" E and along said west line a distance of 538.50 feet to the
City of Owasso
Ordinance No. 971
"Point of Beginning".
The easements and rights-of-way grated hereby are described as follows: The south 15
feet of the east 757.20 feet of the above described tract; and The north 15 feet of the
south 20 feet of the east 30 feet of the west 90 feet of the above described tract. Said
rights-of-way to be fifteen (15) feet in width.
Book and page 6957/2476-2479
A tract of land situated in the N/2 of the SE/4 of Section 9, Township 21 North, Range 14
east of the I.B. & Meridian, Tulsa county, State of Oklahoma, being more particularly
described as follows:
Commencing from the northeast corner of said N/2 SE/4; thence S 88°44'39" W and
along the north line of said N/2 SE/4 a distance of 1057.1 feet to the "Point of Beginning";
thence S 1 °20'48" W to a point of the west line of the E/2 E/2 NW/4 SE/4 a distance of
594.62 feet; thence N 1°19'57" W to a point on the north line of the N/2 SE/4 a distance of
780.77 feet; thence 88°44'39" E and along the north line of said N/2 SE/4 a distance of
594.43 feet to the "Point of Beginning".
The overhead easements and rights-or way granted hereby are described as follows:
The east 15 feet of the north 740.77 feet of the above described tract; and
The south 15 feet of the west 554.62 feet of the above described tract, less and except
west 20 feet thereof (for which underground easement is hereafter granted, and
A parcel in the southeast corner of the above described tract, described as: beginning
at the southeast corner of said tract; thence west along the south line thereof a distance
of 40 feet; thence north parallel with the east line of said tract a distance of 15 feet;
thence in a northeasterly direction to a point that is 15 feet west and 40 feet north of the
southeast corner of the said tract; thence east parallel with the south line of said tract a
distance of 15 feet to a point on the east line of said tract; thence south along the east
line of said tract a distance of 40 feet to the "Point of Beginning".
Underground easement: The underground easement and right-of-way granted hereby is
described as follows: The south 15 feet of the west 20 feet of the above described tract.
Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are
hereby repealed to the extent of the conflict only.
Section 3. 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 4. The provisions of this ordinance shall become effective thirty (30) days
from the date of final passage as provided by state law.
Section 5. 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
partially vacated easement.
City of Owasso
Ordinance No. 971
PASSED AND APPROVED this 5th day of October, 2010.
APPROVED:
Doug Bonebrake, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Larissa Darnaby-Pruner
City Planner
SUBJECT: Ordinance No. 972
DATE: October 1, 2010
BACKGROUND:
At the September 21, 2010 meeting, the Owasso City Council approved a request for a rezoning
on property zoned Agricultural and Commercial Shopping to an Office Medium zoning
designation. The subject property is located on the north side of East 106th Street North and east
of the Owasso Expressway. The Council took the action on this partial easement closure request
following the Planning Commission's approval on September 13, 2010.
Attached is a copy of Ordinance No. 972 that formally adopts the City Council's action of July 20,
2010.
RECOMMENDATION:
The staff recommends City Council approval of Ordinance No. 972.
ATTACHMENT:
A. Ordinance No. 972
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 972
AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OZ-10-02 CHANGING
THE ZONING OF PROPERTY LOCATED IN SECTION 15, TOWNSHIP 21 NORTH, RANGE
14 EAST, TULSA COUNTY, OKLAHOMA, FROM AGRICULTURAL & COMMERCIAL
SHOPPING DISTRICTS TO AN OFFICE MEDIUM ZONING DESIGNATION, AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH.
WHEREAS, public hearings have been held regarding the request for rezoning of
the property herein described, and
WHEREAS, the Owasso City Council has considered the recommendation of the
Owasso Planning Commission and all statements for or against the requested rezoning of
application OZ-10-02,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA.
Section 1. The zoning classification of the following described property, to wit:
A tract of land in the Northwest Quarter (NW/4) of Section Fifteen (15), Township Twenty-
One (21) North, Range Fourteen (14) East of the Indian Base and Meridian,
Rogers County, State of Oklahoma, According to the U.S. Government Survey Thereof,
Being more particularly described as follows, to-wit:
Beginning at the Northwest Corner of said Northwest Quarter (NW/4); Thence South
89°59'34" East a distance of 538.00 feet; thence South 00°00'26" West a distance of
195.80 feet; thence south 44°17'31" West a distance of 252.60 feet; thence South
27°52'06" West a distance of 167.64; Thence South 89°58'27" West a distance of 282.98
feet to a Point on the West Line of said Section Fifteen (15), Thence North 00°01 '33" West
a distance of 525.00 feet to the Point of Beginning, containing 5.38 acres.
be, and the some is hereby zoned from AG Agriculture District & CS Commercial
Shopping Zoning Designation to an OM Office Medium Zoning Designation.
Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are
hereby repealed to the extent of the conflict only.
Section 3. 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 4. The provisions of this ordinance shall become effective thirty (30) days
from the date of final passage as provided by state law.
Section 5. 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
property being rezoned.
City of Owasso
Ordinance No. 972
PASSED AND APPROVED this 5th day of October, 2010.
APPROVED:
Doug Bonebrake, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
ulie Lombardi, City Attorney
e 11V_%
wA 5
Tk%OorlThe City Wi*t out Limits.
MEMORANDUM
TO: The Honorable Mayor and City Council
City of Owasso
FROM: John W. Feary
Project Administrator
SUBJECT: Rejection of Bid Award
Rayola Park Improvement Project
DATE: October 1, 2010
BACKGROUND:
In February 2010, the Rayola Park Improvement Project was approved by City Council. The park
serves as an important element of the City's park system and is a valuable open space serving
the neighborhood, residents of the City, and patrons of the adjacent YMCA. In mid-August, the
Engineering Division of Public Works completed the design of the park improvement plans. The
project will improve the appearance and stability of the drainage way that runs through the
park and includes the addition of small dams as water features. It will provide a continuous
concrete walking path loop, upgrade the site lighting, provide ADA compliant handicap
accessible entrances, and includes the repair of the two park bridges.
Advertisements for public bidding were placed beginning August 18, 2010. A mandatory pre-
bid meeting was held at City Hall on September 7, 2010, with multiple contractors present.
ANALYSIS OF BIDS:
Bids were opened on September 17, 2010 at City Hall with three (3) bids presented; Homeland
General Contractors, LLC of Tulsa, OK, in the amount of $355,189.02; Contech, LLC of Broken
Arrow, OK in the amount of $475,267.00; and Crossland Heavy Contractors of Tulsa, OK in the
amount of $490,479.50. All three bids were tabulated against the engineer's estimate of $300,000
by City staff.
FUNDING:
The budgeted amount for these improvements is $308,000. Funding for this project is available
from three sources: the 2008-2009 Community Development Block Grant totaling $96,000, the
2009-2010 Community Development Block Grant totaling $98,000, and the Vision 2025 grant
totaling $114,000.
RECOMMENDATION:
Staff has reviewed the project and reduced the scope of the project due to the cost exceeding
the Department's engineering estimate and available funding. Staff has reason to believe that
additional contractors will bid this project, which will ensure a competitive bidding environment.
Therefore, Staff recommends City Council reject all three bids and authorize the re-bidding of
this project.
The City Wit Gaut LirnitS.
TO:
The Honorable Mayor and City Council
City of Owasso
FROM:
Julie Trout Lombardi
City Attorney
SUBJECT:
Payment of Commissioners' Award in City of Owasso v. Stokes
DATE:
October 1, 2010
BACKGROUND:
On July 6, 2010, the City Council approved Resolution 2010-08 authorizing condemnation
proceedings to acquire from the Julia M. Stokes Revocable Trust two permanent easements, two
drainage easements and one temporary construction easement for the 86th Street North
widening and drainage improvement project. A condemnation action was filed by the City of
Owasso against the Stokes Trust on August 5, 2010, and a hearing to appoint commissioners was
held on September 14, 2010. The Stokes Trust obtained counsel just prior to the hearing and the
Court granted it additional time to select a commissioner. On September 24, 2010, the Court
entered an order appointing three commissioners and requesting that their report determining
the amount of just compensation due the landowner (the value of the land plus any additional
damages to the remaining property) be completed and filed with the Court within fifteen (15)
days.
Staff anticipates the Commissioners' Report will be filed on or about October 12, 2010. The
report will determine the amount of just compensation (known as the Commissioners' Award)
due the landowner and will additionally list the fees which must be paid to each Commissioner
for his or her service. Once the Commissioners' Report has been filed, the City may deposit the
amount of the Commissioners' Award into the Court and immediately take possession of the
land. The fees payable to the Commissioners for their services and any additional fees assessed
by the Court must also be paid at that time. Thereafter, either the landowner or the City may
object to the amount of just compensation and request trial by jury. Whether or not objections
are made by either or both parties, the landowner is entitled at any time to withdraw the
amount of just compensation deposited with the Court by the City.
PROPOSED ACTION:
The amount of the Commissioners' Award will not be known until the Commissioners' Report has
been filed. To gain entry to the land and proceed with the project, the City must deposit the
amount of the Commissioners' Award with the Court. Authorization by the City Council to
deposit the amount of the Commissioners' Award with the Court, and to pay all other fees
assessed by the Court and Commissioners, will prevent delay of this project Therefore, to
facilitate expedient access to the necessary easements located on the Stokes Trust parcels, staff
requests authorization to pay to the Court, upon filing of the Commissioners' Report, the amount
of the Commissioners' Award, fees assessed by the Commissioners for their service and any other
required court fees.
RECOMMENDATION:
Staff recommends City Council authorization for payment to the Court, upon filing of the
Commissioners' Report, the Commissioners' Award, compensatory fees to each Commissioner
for his or her service and all other required court fees.
ATTACHMENT:
A. Resolution 2010-08
B. Commissioners' Report to be filed with the Court
CITY OF OWASSO, OKLAHOMA
RESOLUTION No. 2010-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA, RESOLVING THE
NECESSITY OF INSTITUTING AND PROSECUTING
CONDEMNATION PROCEDURES TO OBTAIN RIGHT-
OF-WAY, PERMANENT AND TEMPORARY
CONSTRUCTION EASEMENTS
WHEREAS: 'The City of Owasso, by and through officers and agents thereof, has endeavored
to obtain right-of way and permanent and temporary construction easements, the legal
descriptions of same attached hereto and harked Exhibit "A," deemed. necessary for the 86"'
Street North widening project from the respective landowners, to-wit:
Hazel Rowena Mills, Trustee of the Mills Family Revocable Trust, Parcel. 25
Julia M. Stokes, Trustee of the Julia M. Stokes Revocable Trust, Parcels 20, 20A, 21,
21A, and 21.1
WHEREAS: In connection with such efforts to obtain the needed right-of-way and permanent
and temporary construction easements consensually, the City of Owasso, by and though officers
and agents thereof, has made bona fide good faith offers to purchase same; and,
WHEREAS: The above-referred landowners have not accepted such offers and by reason
thereof, condemnation proceedings, as provided for under the Constitution and Statutes of the
State of Oklahoma, are necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT: Officers and agents of the City of Owasso, Oklahoma, are
hereby authorized to initiate and prosecute to the conclusion thereof condemnation proceedings
against any or all of the above-named landowners to obtain the necessary right-of-way and
permanent and temporary construction easements as set forth in F. x.b.bit "A." hereto, as well as
any additional relief to which the City of Owasso, Oklahoma, may, by law, be entitled to.
APPROVED AND ADOPTED this 6d' day of July, 2010, by the City Council. of the City of
Owasso, Oklahoma.
Attest:
Sherry Bisl p, City Clerk
Approved As To Fomi:
ulie Trout Lombardi, City Attorney
AIL
~s
~ ~,AHMAr
x II-fi i't A
Resolution No. 2010-08
Parcel 20 (Julia M. Stokes Revocable Trust Tract)
Beginning at the MV corner of the NE/4 of Sec.25, T-21-N, R-1.3-E, I.B.&M.; Thence N
88'41'28" E along the north line of said NE/4 a distance of 655.53 feet; Thence S 01. '46'07" E a.
distance of 140.00 feet; Thence S 88'41'28" W a distance of 60.28 feet; Thence N 01.018'32" W
a distance of 80.00 feet; Thence S 88'41'28" W a distance of 595.93 feet to the west line of said
NE/4; Thence N 01'44'06" W a distance of 60.00 feet to the Point of Beginning, and containing
33,313.31 square feet, (0.765 acres), more or less, of new right-of-way, the remaining area
included within this description being present right-of-way.
Parcel 20A (Julia M. Stokes Revocable Trust Tract)
Commencing at the NW comer of the NE/4- of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88°41.'28" E along the north line of said NE/4 a distance of 342.37 feet; Thence S 01'18'32" E a
distance of 60.00 feet to the Point of Beginning; Thence N 88'41'28" E a distance of 254.00
feet; Thence S 01'18'32" E a distance of 10.00 feet; Thence S 88'41'28" W a distance of 254.00
feet; Thence N 01'18'32" W a distance of 10.00 feet to the Point of Beginning, and containing
2540.01. square feet, (0.058 acres), more or less.
Parcel 21 (Julia M. Stokes Revocable Trust Tract)
Commencing at the NW corner of the NE/4 of Sec.25, T-21.-N, R-1.3-E, I.B.&M.; Thence N
88'41'28" E along the north line of said NE/4 a distance of 655.53 feet to the Point of
Beginning, Thence N 88'41'28" E along the north line of said NE/4 a distance of 655.53 feet;
Thence S 01'51'23" E a distance of 60.00 feet; Thence S 88'41'28" W a distance of 615.26 feet;
Thence S 01.' 18'32" E a distance of 80.00 feet; Thence S 88'41'28" W a distance of 39.72 feet;
Thence N 01'46'07" W a distance of 140.00 feet to the Point of Beginning, and containing
31,721.45 square feet, (0.728 acres) more or less, of new right-of-way, the remaining area
included within this description being present right-of-way.
Parcel 21A (Julia M. Stokes Revocable Trust Tract)
Commencing at the NW corner of the NEI4 of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88'41'28" E along the north line of said NE/4 a distance of 696.37 feet; Thence S 01'18'32" E a
distance of 60.00 feet to the Point of Beginning; Thence N 88'41'28" E a distance of 615.26
feet; Thence S 01'5123" E a distance of 60.00 feet; Thence S 88041128" W a distance of 170.06
feet; Thence N 01'18'32" W a distance of 50.00 feet; Thence S 88'41'28" W a distance of
445.78 feet; Thence N 01'18'32" W a distance of 10.00 feet to the Point of Begizn-ling, and
containing 1.4,644.15 square feet, (0.336 acres), more or less.
Parcel 21.1 (Julia M. Stokes Revocable Trust Tract)
Commencing at the NW cozier of the NE/4 of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88'41'28" E along the north line of said NE/4 a distance of 917.37 feet; Thence S 01'18'32" E a
distance of 70.00 feet to the Point of Beginning; Thence N 88'41'28" E a distance of 224.78
feet; Thence S 01'18'32" E a distance of 70.00 feet; Thence S 88'41'28" W a distance of 224.78
feet; Thence N 01'18'32" W a distance of 70.00 feet to the Point of Beginning, and containing
15,734.44 square feet, (0.361 acres), more or less.
Parcel 25 (Mills Family Revocable Trust Tract)
Commencing at the SW corner of the SWl4 of Sec.19, T-21-N, R-14-E, I.B.&M.; Thence N
88°56'25" E along the south line of said SE/4 a distance of 1366.75 feet to the Point of
Beginning; Thence N 01°17'04" W a distance of 50.00 feet; Thence N 88°56'25" E a distance of
1328.87 feet; Thence S 01°17'16" E a distance of 20.00 feet; Thence S 88°56'25" W a distance
of 99.74 feet; Thence S 01°17'18" E a distance of 30.00 feet; Thence S 88°56'25" W a distance
of 1229.14 feet to the Point of Beginning, and containing 43,170.92 square feet, (0.991 acres),
more or less of new right-of-way, the remaining area included within this description being
present right-of-way.
IN THE DISTRICT COURT OF TULSA COUNTY
STATE OF OKLAHOMA
THE CITY OF OWASSO, OKLAHOMA,
an Oklahoma Municipal Corporation,
Plaintiff,
vs.
JULIA M. STOKES as TRUSTEE OF
THE JULIA M. STOKES REVOCABLE
TRUST, BOARD OF COUNTY
COMMISSIONERS OF TULSA
COUNTY, and Dennis Semler,
TREASURER OF TULSA COUNTY,
Case No.: CV-2010-00888
Judge: Deborah C. Shallcross
Defendants.
REPORT OF COMMISSIONERS
COME NOW, the undersigned Commissioners, heretofore appointed by the Court
to inspect the real property described on Exhibit "A" hereto and consider the injury which
Defendant Julia M. Stokes, as Trustee of the Julia M. Stokes Revocable Living Trust
(hereinafter "Stokes") has sustained, and may sustain by reason of the taking of an
easement in said real property by Plaintiff City of Owasso for the construction of
drainage improvements and facilities necessary and incident thereto as set forth in the
Petition herein, and respectfully submit the following report:
The undersigned Commissioners were and are disinterested freeholders of Tulsa
County, Oklahoma, not interested in this or any like question, and pursuant to the Court
order made on the day of September, 2010, took the oath prescribed by law and
proceeded to inspect the real property described on Exhibit "A". Having inspected the
real property and the plans and specifications proposed to be constructed in and on the
real property by the City of Owasso, the undersigned Commissioners have considered the
injury which Defendant Stokes has sustained, and may sustain, by reason of the taking of
an easement in the real property as set forth on Exhibit "A" by the City of Owasso for the
purposes of establishing, constructing, and maintaining drainage improvements and
facilities necessary and incident thereto.
We hereby assess the damages for the taking of the real property as follows:
Jan Gordon -
Jim Clark -
George O'Conner-
We further report that we have well and truly executed our duties as Commissioners and
are entitled to be paid the following sums for our services herein:
Jan Gordon -
Jim Clark -
George O'Conner
We have each attached an itemized invoice to this report in support of this request for
payment of Commissioners' fees.
Dated this day of 1 2010.
Awmft
The City Wit7aut Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney
SUBJECT: Settlement in City of Owasso v. Mills
DATE: October 1, 2010
BACKGROUND:
On July 6, 2010, the City Council approved Resolution 2010-08 authorizing condemnation
proceedings to acquire from the Mills Family Revocable Trust a permanent easement for the 861h
Street North widening and drainage improvement project. A condemnation action was filed by
the City of Owasso on August 5, 2010, and a hearing to appoint commissioners is scheduled on
October 4, 2010.
The parties attended mediation on September 29, 2010, and negotiated a settlement in this
matter. Pursuant to the settlement agreement, the City of Owasso will purchase the necessary
permanent easement, consisting of .9911 acres, for $29,634 (calculated using a per acre price of
$29,900) and will pay additional compensation to the landowner for damages to the property in
the amount of $70,366. In addition, the City will move and re-install the landowner's existing
gateposts, corner posts, brace posts and double gate at the driveway of the property in
concrete at the new location after construction is complete on the landowner's property.
PROPOSED ACTION:
Staff requests approval of a settlement agreement with the Mills Family Revocable Trust wherein
the City agrees to purchase the needed permanent easement for $29,634, pay an additional
$70,366 in compensation for damages to the property and move and re-install the landowner's
double gate and posts in concrete after construction.
RECOMMENDATION:
Staff recommends the City Council approve the mediated settlement agreement in this matter
and authorize payment of $29,634 for the right-of-way, $70,366 in compensation for damages to
the property and reinstallation of the landowner's double gate and posts in concrete after
construction has been completed. Staff further recommends the City Council authorize the City
Manager to execute all necessary documents and further authorize dismissal of the
condemnation action after the land has been obtained.
ATTACHMENT:
A. Resolution 2010-08
B. Petition
CITY OF OWASSO, OKLAHOMA
RESOLUTION No. 2010-05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA, RESOLVING THE
NECESSITY OF INSTITUTING AND PROSECUTING
CONDEMNATION PROCEDURES TO OBTAIN RIGHT-
OF-WAY, PERMANENT AND TEMPORARY
CONSTRUCTION EASEMENTS
WHEREAS: The City of Owasso, by and through officers and agents thereof, has endeavored
to obtain right-of way and permanent and temporary construction easements, the legal
descriptions of same attached hereto and unarked Exhibit "A," deemed necessary for the 86`x'
Street North widening project from the respective landowners, to-wit:
Hazel Rowena Mills, Trustee of the Mills Family Revocable Trust, Parcel 25
Julia M. Stokes, Trustee of the Julia M. Stokes Revocable Trust, Parcels 20, 20A, 21,
21 A, and 21.1
WHEREAS: In connection with such efforts to obtain the needed right-of-way and permanent
and temporary construction easements consensually, the City of Owasso, by and through officers
and agents thereof, has made bona fide good faith offers to purchase same; and,
WHEREAS: The above-referred landowners have not accepted such offers and by reason
thereof, condemnation proceedings, as provided for under the Constitution and Statutes of the
State of Oklahoma, are necessary.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
OWASSO, OKLAHOMA, THAT: Officers and agents of the City of Owasso, Oklahoma, are
hereby authorized to initiate and prosecute to the conclusion thereof condemnation proceedings
against any or all of the above-named landowners to obtain the necessary right-of.-way and
permanent and temporary construction easements as set forth- in Exhibit "A" hereto, as well as
any additional relief to which the City of Owasso, Oklahoma, may, by law, be entitled to.
APPROVED AND ADOPTED this 6"' day of ;July, 2010, by the City Council of the City of
Owasso, Oklahoma.
Attest:
A 4w
r4,
Sherry Bish p, City Clerk
Approved As To Form:
Lem
ulie Trout Lombardi, City Attorney
Exhibit A
Resolution No. 2010-08
Parcel 20 (Julia M. Stokes Revocable Trust Tract)
Beginning at the NW corner of the NE/4 of Sec.25, T-21-N, R-1.3-E, I.B.&M.; Thence N
88°41'28" E along the north line of said NE/4 a distance of 655.53 feet; Thence S 01 °46'07" E a
distance of 140.00 feet; Thence S 88°41'28" W a distance of 60.28 feet; Thence N 01'18,32" W
a distance of 80.00 feet; Thence S 88°41'28" W a distance of 595.93 feet to the west line of said
NE/4; Thence N 01°44'06" W a distance of 60.00 feet to the Point of Beginning, and containing
33,313.31 square feet, (0.765 acres), more or less, of new right-of-way, the remaining area
included within this description being present right-of-way.
Parcel 20A (Julia M. Stokes Revocable Trust Tract)
Commencing at the NW comer of the NE/4 of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88°41.'28" E along the north line of said NE/4 a distance of 342.37 feet; Thence S 01°18'32" E a
distance of 60.00 feet to the Point of Beginning; Thence N 88°41'28" E a distance of 254.00
feet; Thence S 01'18'32" E a distance of 10.00 feet; Thence S 88°41'28" W a distance of 254.00
feet; Thence N 01°18'32" W a distance of 10.00 feet to the Point of Beginning, and containing
2540.01. square feet, (0.058 acres), more or less.
Parcel 21 (Julia M. Stokes Revocable Trust Tract
Commencing at the NW corner of the NE/4 of Sec.25, T-21-N, R-1.3-E, I.B.&M.; Thence N
88°41'28" E along the north line of said NE/4 a distance of 655.53 feet to the Point of
Beginning; Thence N 88°41'28`° E along the north line of said NE/4 a distance of 655.53 feet;
Thence S 01°51'23" E a distance of 60.00 feet; Thence S 88°41.'28" W a distance of 615.26 feet;
Thence S Ol. ° 18'32" E a distance of 80.00 feet; Thence S 88°41'28" W a distance of 39.72 feet;
Thence N 01°46'07" W a distance of 1.40.00 feet to the Point of Beginning, and containing
31,721.45 square feet, (0.728 acres) more or less, of new right-of-way, the remaining area
included within this description being present right-of-way.
Parcel 21A (Julia M. Stokes Revocable Trust Tract)
Commencing at the. NW corner of the NE/4 of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88°41'28" E along the north line of said NE/4 a distance of 696.37 feet; Thence S 01°18'32" E a
distance of 60.00 feet to the Point of Beginning; Thence N 88°41'28" E a distance of 615.26
feet; Thence S 01°51'23" E a distance of 60.00 feet; Thence S 88°41'28" W a distance of 170.06
feet; Thence N 01°18'32" W a distance of 50.00 feet; Thence S 88°41'28" W a distance of
445.78 feet; Thence N 01'18'32" W a distance of 10.00 feet to the Point of Begimzing, and
containing 1.4,644.15 square feet, (0.336 acres), more or less.
Parcel 21.1 (Julia M. Stokes Revocable Trust Tract)
Commencing at the NW carder of the NE/4 of Sec.25, T-21-N, R-13-E, I.B.&M.; Thence N
88°41'28" E along the north line of said NE/4 a distance of 917.37 feet; Thence S 01°18'32" E a
distance of 70.00 feet to the Point of Beginming; Thence N 88°41'28" E a distance of 224.78
feet; Thence S 01°18'32" E a distance of 70.00 feet; Thence S 88°41'28°' W a distance of 224.78
feet; Thence N 01°18'32" W a distance of 70.00 feet to the Point of Beginning, and containing
15,734.44 square feet, (0.361 acres), more or less.
Parcel 25 (Mills Family Revocable Trost Tract)
Commencing at the SW corner of the SW14 of Sec.19, T-21-N, R-14-E, I.B.&M.; Thence N
88°56'25" E along the south line of said SE/4 a distance of 1366.75 feet to the Point of
Beginning; Thence N 01°17'04" W a distance of 50.00 feet; Thence N 88°56'25" E a distance of
1328.87 feet; Thence S 01°17'16" E a distance of 20.00 feet; Thence S 88°56'25" W a distance
of 99.74 feet; Thence S 01°17'18" E a distance of 30.00 feet; Thence S 88°56'25" W a distance
of 1229.14 feet to the Point of Beginning, and containing 43,170.92 square feet, (0.991 acres),
more or less of new right-of-way, the remaining area included within this description being
present right-of-way.
IN THE DISTRICT COURT OF TULSA COUNTY
STATE OF OKLAHOMA
THE CITY OF OWASSO, OKLAHOMA,
an Oklahoma Municipal Corporation,
Plaintiff,
vs.
HAZEL ROWENA MILLS as TRUSTEE
OF THE MILLS FAMILY REVOCABLE
TRUST, BOARD OF COUNTY
COMMISSIONERS OF TULSA
COUNTY, and Dennis Semler,
TREASURER OF TULSA COUNTY,
and RCB BANK,
Defendants.
Case No.: CV-10-00889
Judge: P. Thomas Thornbrugh
DISTRICT COURT
F I L E
AUG 3 0 Ulu
FIRST AMENDED PETITION
SAUY We WITH, OQUOT MM
S1ATO OF OKLA, TL L$A CCiA+ W
COMES NOW the Plaintiff, the City of Owasso, Oklahoma, an Oklahoma Municipal
Corporation ("Owasso"), and for its cause of action alleges and states as follows:
I. Owasso is authorized to acquire, by condemnation, real property or such
interest therein as in its discretion may be necessary for the purpose of establishing,
constructing, and maintaining drainage improvements and facilities necessary and incident
thereto.
2. Owasso has determined and declared that necessity requires the taking,
appropriating, condemning and acquiring of permanent and temporary easements on the real
property described on Exhibit "B" attached hereto and made a part hereof, for the purpose of
a road widening project on 86th Street North, Owasso, Oklahoma.
3. The Owasso City Council adopted a Resolution on July 6, 2010, determining
and declaring the necessity of acquiring the necessary right-of-way and easements over the
1
Subject Property for the purpose set out above. The Resolution is attached hereto as Exhibit
6G A "
4. The Defendant, Hazel Rowena Mills, Trustee of the Mills Family Revocable
Trust, owns the fee simple interest in and to the Subject Property. The Defendant, RCB
Bank, may claim some right and title in and to the Subject Property by virtue of a real estate
mortgage thereon.
5. The Board of County Commissioners of Tulsa County and Dennis Semler,
County Treasurer of Tulsa County, Oklahoma, may claim some interest in the Subject
Property for the ad valorem taxes due upon the Subject Property. Under the laws of the
State of Oklahoma, the County Treasurer is the collector of all state, county, and school
district ad valorem taxes, and Dennis Semler is the duly qualified and acting County
Treasurer of Tulsa County, Oklahoma. Dennis Semler is made a party to this proceeding in
order that any liens upon the Subject Property for ad valorem taxes may be asserted and
determined and that the City of Owasso may obtain the necessary right-of-way and
easements over the Subject Property, free and clear of all liens.
6. Prior to the commencement of this action to condemn the Subject Property,
Owasso endeavored to acquire permanent and temporary easements over the Subject
Property from the Owner. Owasso has offered to pay the Owner the fair, reasonable and just
market value for said easements on Subject Property necessary to be taken for public use,
but the Owner has refused to accept the compensation offered by Owasso. The road
widening project on 86`1' Street North is a necessary improvement, and all efforts by Owasso
to purchase the needed easements from Owner have completely failed. Owasso has offered
to pay the owner a fair reasonable and just market value for permanent and temporary
easements over the Subject Property but Owner has refused to accept the compensation
2
offered. Therefore, it has become necessary to institute this proceeding in condemnation of
the Subject Property.
WHEREFORE, the Plaintiff the City of Owasso, requests: (1) the Court issue an
order appointing three disinterested freeholders of Tulsa County, Oklahoma, as
Commissioners to inspect the Subject Property, consider the injury and assess the damages
which the Defendant may sustain by reason of the condemnation; (2) the Court authorize the
Plaintiff to enter upon and possess the Subject Property for said public use and purpose; (3)
the Court award to the Plaintiff permanent and temporary construction easements over the
Subject Property free and clear of all liens and encumbrances, and (4) the Court authorize
and direct the Plaintiff to enter upon said lands to take and appropriate and use the Subject
Property for the public purposes as hereinabove set out.
Respectfully Submitted,
CITY OF OWASSO, OKLAHOMA
By: ' L,^410OvO
Julie Trout Lombardi, OBA#11907
City Attorney of Owasso
111 North Main
Owasso, Oklahoma 74055
Phone: (918) 376-1511
Fax: (918) 376-1599
CERTIFICATE OF MAILING
I hereby certify that on the 30t",' day of August, 2010, I mailed a true and correct copy of
the above and foregoing via certified mail to the following:
Robert J. Nichols
Nichols & Curthoys
400 Petroleum Club Building
601 S. Boulder Avenue
Tulsa, OK 74119
Attorney for the Mills Family Revocable Trust and
Rowena Mills, Trustee
Julie Trout Lombardi
3
~oe
OT city wvi"T' ut Limits.
TO: Owasso City Council
FROM: Rodney Ray
City Manager
SUBJECT: Public Hearing - Capital Improvement Program
DATE: October 1, 2010
BACKGROUND:
The Owasso Capital Improvements Program (CIP) consists of a process whereby capital
improvement projects are prioritized by the City Council after considering input from the CIP
Committee, citizens, and municipal staff. A public hearing will be held during the October 5,
2010 City Council meeting for the purpose of receiving citizen input relating to a
recommendation made by the Capital Improvements Committee to amend the Capital
Improvements Program priority listing.
Adopted by the City Council in September 2003, Resolution 2003-14 establishes the procedure
for amending the priority determination of capital improvement projects eligible to receive
funding from the permanent third penny sales tax.
CIP PRIORITY DETERMINATION PROCESS:
First, the Capital Improvements Committee conducts a public meeting to discuss current project
priorities, completed projects included on the priority list, and additional projects proposed to be
funded by the third penny sales tax. A recommendation to amend the listing of priority projects
(such as adding or removing a project) is then transmitted to the City Council.
Next, the City Council conducts a public hearing in order to receive and consider citizen input
relevant to the recommendation to amend the list of project priorities. At the conclusion of the
public hearing, the City Council must continue the matter for at least two weeks before taking
any action to amend the project priority listing. Any action taken by the City Council to amend
the current list of priority projects must be made by adopting a resolution.
CURRENT PROJECT PRIORITIES:
Adopted January 6, 2009, Resolution 2009-01 designates the following projects as priorities for
funding from the Capital Improvements Fund:
1. Street Improvement/Repair Program
Sportspark
East 861h Street North Widening Project
East 106'^ Street North and North Garnett Road intersection improvements
Tulsa Community College/Tulsa Technology Center Road Construction Project and
Land Acquisition
Capital Projects Planning Design (Quality of Life Planning)
East and West Service Roads between E. 66th Street North and E. 1261h Street North
PROPOSED ADDITIONAL PROJECT PRIORITY:
E. 76th STREET NORTH WIDENING PROJECT FROM HWY 169 TO N. 129TH EAST AVENUE - A secondary
arterial in Owasso, E. 76th Street North is a heavily used roadway that conveys residential and
commercial traffic in the area, as well as commuter traffic to and from Owasso and the Port of
Catoosa. Based on current development trends, it is expected that continued residential
growth will increase traffic volumes and continue to overload the existing two-lane road section.
The proposed lane configuration is a 5-lane boulevard roadway including 2-lanes in each
direction with center turn lanes to expedite turning movements into the various subdivisions
along the roadway. Based on the conceptual design, the anticipated cost for the planning and
construction of the proposed roadway improvements is $6.8 million.
CAPITAL IMPROVEMENTS COMMITTEE MEETING:
The Owasso Capital Improvements Committee met on September 16, 2010. At that meeting,
the staff explained a new opportunity for the City of Owasso to utilize Surface Transportation
Program funds made available on an annual basis by the Federal Highway Administration,
through the Oklahoma Department of Transportation and administered by INCOG. Projects are
evaluated for eligibility and priority based on a 100-point rating system. An analysis of road
improvement projects throughout the city revealed that E. 76th Street North Widening from HWY
169 to N. 129th East Avenue had the greatest propensity to achieve the highest point rating as
determined by the Surface Transportation Program. If selected, the Surface Transportation
Program will fund 80% of the project costs, to include engineering, utility relocation, right of way
acquisition, and construction, while the local government funds 20%.
The Capital Improvements Committee unanimously voted to recommend to the Owasso City
Council an amendment to the Capital Improvements Program Priority Determination, adding
the E. 76th Street North Widening Project from HWY 169 to N. 129th East Avenue to the current list
of priority projects, thus making it eligible to receive funding from the Capital Improvements
Fund.