HomeMy WebLinkAbout2006.02.07_City Council Agenda_AddendumW
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
The Owasso City Council will meet in regular session on Tuesday, February 7, 2006 at
6:30 PM at Old Central, 109 N. Birch, Owasso, Oklahoma.
Notice of addendum filed in the office of the City Clerk and posted on the City Hall
bulletin board at 3:00 PM on Monday, February 6, 2006.
Timothy D. Ro ne , Assistant City Mana
ADDENDUM TO THE OWASSO CITY COUNCIL AGENDA
The following is submitted as an addendum to the Owasso City Council Agenda filed on
Friday, February 3, 2006. Items numbered 1-5 shall remain the same. Item number 6 is
now number 7 and a new item 6 is listed as follows:
6. Reading of Mayor's Proclamation
Mayor Thoendel
Mayor Thoendel will read a proclamation declaring Tuesday, February 7,
2006 as Hayward Smith Elementary Day.
Alin v2C /0(�07;k
J11-6
PROCLAMATION
CITY OF OWASSO, OKLAHOMA
WHEREAS, It is truly an exciting day when we can reward our educators for achieving
excellence in the classroom and for making strides in student achievement, and,
WHEREAS, The Hayward Smith Elementary faculty and staff have developed the following
mission statement: To wit that all children can learn. They believe it is possible for
all students, given the appropriate curriculum, motivation, and supportive
environment, to learn when they are emotionally and developmentally ready. They
believe it to be their purpose to provide all students with an appropriate education
and the opportunity to acquire academic skills while developing socially and
emotionally. They readily accept the responsibility for instruction of students to
maximize their potential; and,
WHEREAS, Five out of the seven elementary schools in Owasso scored above 1400 on the
Academic Performance Index, which takes into account a school's standardized test
scores and attendance rating where the highest AN score is 1500; and,
WHEREAS, The Academic Achievement Award program recognizes, in each of five school -size
categories, the school with the highest Academic Performance Index (API) score in
the state (including special education and alternative students) and, in each of the
same five categories, the school with the most Average Daily Membership; and,
WHEREAS, In the category of 506 and more Average Daily Membership, Hayward Smith
Elementary School scored a high score of 1487, and,
NOW, THEREFORE, I, Craig Thoendel, by virtue of the authority vested in me as Mayor of the
City of Owasso, do hereby proclaim February 7, 2006 as
Hayward Smith Elementary
Day
PUBLIC NOTICE OF THE MEETING OF TIIE
OWASSO CITY COUNCIL
TYPE OF MEETING- Regular
DATE. February 7, 2006
TIME- 6:30 pear.
PLACE. Council Chambers, Old Central Buildang
109 N. Arch
Notice and agenda filed in the office of the City Clerk and posted at City Hall 5.00 p.m. on
Friday, February 3, 2006,
Juliann M. Stevens, Administrative Assistant
I , . ',,.., �1 s.
1. Call to Order
Mayor Craig Thoendel
2. Invocation
Pastor Frank Adams, Believers Covenant Church
3. Flag Salute
4, Roll Call
5. Presentation of the Character Trait of Resourcefulness.
Mr. Richard Wilhour, Owasso Character Council
f`
Presentation of the City of Owasso Employee of the Month for February 2006.
Mr. Ray
Mr. Ray will introduce the Employee of the Month for February 2006.
S: \Agendas\Cou nci I\2006\0207. doc
Owasso City Council
February 7, 2006
Page 2
V17. 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 January 1.7, 2005 Regular Meeting.
Attachincnt # 7-A
B. Approval of Claims.
Attachment # 7-I3
C. Approval of Ordinance No. 841, annexation request OA 05-09, containing
approximately 27.69 acres, more or less, located southwest of the intersection of E. 96"'
Street North and N. 1451h East Avenue.
Attachment # 7-C
Staff will recommend Council approval of Ordinance No. 841 and has listed this item
in the consent section of the agenda based on Council actions taken November 15, 2005
to approve the annexation request.
D. Acceptance of the Garrett Creek 11-A sanitary sewer, streets, and stormwater drainage
systems.
Attachment # 7-D
Staff will recommend Council acceptance of the Garrett Creek II -A sanitary sewer,
streets, and, stormwater drainage systems.
Consideration and appropriate action relating to a request for Council approval to award a
bid for the construction of the FY 2004 CDBG Sidewalk Rehabilitation Project, Skate Park
Improvements.
Ms. Stagg
Attachment # 8
Staff will recommend Council award a bid for the construction of the FY 2004 CDBG
Sidewalk Rehabilitation Project, Skate Park Improvements to Tri-Star Construction of
Claremore, Oklahoma in the amount of $39,832.
S \Agendas\.01111C11\2006\0207. doc
Owasso City Council
February 7, 2006
Page 3
A Consideration and appropriate action relating to a request for Council approval of
Ordinance No. 837, an ordinance establishing minimum requirements for access gates for
Gated Communities and Planned Unit Developments and providing for the registration and
inspection of said access gates.
Mr. Wiles
Attachment #9
Staff will recommend Council approval of Ordinance No. 837.
). Consideration and appropriate action relating to a request for Council approval of contracts
for an interest in real property for the purpose of acquiring easements for the 106th Street
Water Transmission Line Project from Sheridan to Mingo, authorization for the Mayor to
execute all necessary documents relating to the purchase, and authorization for payment.
Ms. Lombardi
Attachment # 10
Staff will recommend Council approval of a contract between the City of Owasso and Ina
C. dart for the purchase of 19,749 square feet of permanent and 16,787 square feet of
temporary easement in the amount of $11,064.00; a contract between the City of Owasso
and Kevin Brewer for the purchase of 4,500 square feet of permmanent and 6,000 square feet
of temporary easement in the amount of $2,300.00; a contract between the City of Owasso
and Jon Orjala for the purchase of 9,873 feet of permanent and 13,164 feet of temporary
easement in the amount of $5,000.00; a contract between the City of Owasso and Gregory
Worley for the purchase of 2,450 square feet of permanent and 3,267 square feet of
temporary easement in the amount of $1,800.00 and a contract between the City of
Owasso; Amy Raciti for the purchase of 3,000 square feet of permanent and 4,000 square
feet of temporary easement in the amount of $1,200.00 and J.T. Mitchell for the purchase
of 10,063 square feet of permanent easement and 13,975 square feet of temporary easement
in the amount of $8,525.00; and, authorization for the Mayor to execute all documents
necessary for the purchase of these easements; and, authorization for payment.
1. Consideration and appropriate action relating to a request for Council adoption of
Resolution No. 2006-06, a resolution authorizing the institution and prosecution of
condemnation proceedings to secure permanent and temporary easements necessary for
construction of the E. 106th Street North Water Transmission Line Project.
Ms. Lombardi
Attachment # 11
Staff will recommend Council adopt Resolution No. 2006-06.
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Owasso City Council
February %, 2006
Page 4
Report from City Manager.
� .
.
Report from City Attorney.
wa _
A.
Report from City Councilors.
J,5o
New Business (New Business is any item of business which could not have been foreseen
at the time of posting of the agenda.)
1 .
Adjournment.
S \Agendas\Council\2006\0207. doc
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, January 17, 2006
The Owasso City Council met in regular session on Tuesday, January 17, 2006 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Fall
bulletin board at 5:00 p.m. on Friday, January 13, 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 Pastor Kirby Scaggs of Bethel Baptist Church.
ITEM 3. FLAG SALUTE
Councilor Brent Colgan led the flag salute.
ITEM 4. ROLL CALL
PRESENT
Craig Thoendel, Mayor
Steve Cataudella, Vice Mayor
Brent Colgan, Councilor
Susan Kimball, Councilor
A quorum was declared present.
STAFF
Rodney J. Ray, City Manager
Julie Lombardi, City Attorney
ABSENT
Wayne Guevara, Councilor
Owasso City Council January 17, 2006
ITEM 5. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA
A. Approval of Minutes of the January 3, 2006 Regular Meeting and the January
10, 2006 Special Meeting.
B. Approval of Claims.
C. Acknowledgement of receiving the monthly FY 2005-2006 budget status
report.
D. Acceptance of the Honey Creep 11 streets and stormwater drainage system.
E. Acceptance of the CDBG National Steak and Poultry Drainage Improvements
Project and authorization of final payment to Ellsworth Construction, LLC in
the annount of $ 115,085.00.
F. Adoption of Resolution No. 2006-02, a resolution amending Resolution No.
2005-07 relating to the residential and non-residential stormwater system
service charge within the city limits of the City of Owasso.
Mr. Colgan moved, seconded by Ms. Kimball, to approve the Consent Agenda with claims
totaling $135,426.62, self-insurance medical claims & fees totaling $69,888.88 and payroll
claims totaling $345,251.17.
YEA. Cataudclla, Colgan, Kimball, Thoendcl
NAY. None
Motion. carried 4-0.
ITEM 6. PUBLIC HEARING. A PUBLIC HEARING TO BE HELD FOR THE PURPOSE
OF RECEIVING CITIZEN COMMENTS AND INPUT REGARDING GATED
COMMUNITIES WITHIN THE CITY LIMITS OF THE CITY OF OWASSO
Mr. Wiles presented the item and then opened the floor for citizen comments. Mr. Bob Johnson
was the only citizen who chose to address the Council. The Council then discussed the potential
for problems regarding public streets and school buses within the gated community.
The Public Hearing was then closed.
I
Owasso City Council
January 17, 2006
ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2006-03, A
RESOLUTION DIRECTING THE CITY STAFF TO PUBLISH AND MAIL
NOTICE OF PUBLIC HEARINGS CONCERNING THE ANNEXATION OF
PROPERTY ALONG EAST 96TH STREET NORTH BETWEEN NORTH 129TH
EAST AVENUE AND NORTH 1451H EAST AVENUE; AND, DIRECTING
CITY STAFF TO PREPARE AN ANNEXATION SERVICES PLAN
Mr. Wiles presented the item. Citizens who spoke regarding the possible annexation were Mr.
Frosty Turpen, Ms. Carol Seim, Mr. Rick Roberts, Mr. Kevin Fitch, Mr. Justin Boyd, Mr, Steve
Johnson, Mr. Jack Ojala, Mr. David Geer, Mr. Ed Dusselberg, Ms. Sarah Gore, Mr. John Moody,
Attorney representing property owners, Mr. John Davis, Mr. Robert Jerome, Mr. Joe Esposita,
Mr. Jim Siegfi7ed, Ms. Jodi Fitch and Mr. Rob Haskins.
'The Councilors then addressed numerous concerns and questions brought up by the speakers.
Ms. Kimball. did ask for a show of hands of those who had attended the Public Hearing that was
held to discuss the Owasso Master Plan. Ms. Kimball asked that the record show that no one in
the audience had attended the Public Hearing. Mayor Thoendel then called for a motion. Mr.
Cataudella moved, seconded by Mr. Colgan, for Council approval of Resolution No. 2006-03.
YEA: Cataudella, Colgan, Kimball, Thoendel
NAY: None
Motion carried 4-0.
Mayor Thoendel took a moment to introcluce members of Boy Scout Troop No. 186 who attended
the meeting.
ITEM & CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2006-04, A
RESOLUTION REAFFIRMING THE CITY OF OWASSO'S ADOPTION OF
THE A COMPANY, 2D BATTALION, 502D INFANTRY REGIMENT, IOlsT
AIRBORNE DIVISION (AIR ASSAULT), FT. CAMPBELL, KENTUCKY, AS
PART OF THE ADOPT -A -UNIT PROGRAM CREATED BY AMERICA
SUPPORTING AMERICANS ORGANIZATION
Mr. Rooney presented the item. Ms. Kimball moved, seconded by Mr. Colgan, for Council
adoption of Resolution No. 2006-04, as stated above.
YEA: Cataudella, Colgan, Kimball, Thoendel
NAY: None
Motion carried 4-0.
3
Owasso City Council
January 17, 2006
ITEM 9. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL ACCEPTANCE OF A DEPARTMENT OF
HOMELAND SECURITY TARGET HARDENING GRANT; AND, APPROVAL
OF A BUDGET AMENDMENT TO THE FY 2005-2006 GENERAL FUND,
POLICE DEPARTMENT BUDGET
Mr. Yancey presented the item. Ms. Kimball moved, seconded by Mr. Colgan, for Council
acceptance of a Department of Homeland Security Target Hardening Grant in the amount of
$56,750.00; and, approval of a budget amendment to the FY 2005-2006 General Fund increasing
the estimate of revenues and increasing the appropriation for expenditures in the amount of
$56,750.00 in the Police Department Budget.
YEA: Cataudella, Colgan, Kimball, Thoendel
NAY: None
Motion carried 4-0.
ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL ACCEPTANCE OF A LAND DONATION
CONSISTING OF APPROXIMATELY TWO (2) ACRES, MORE OR LESS, AT
THE NORTHEAST CORNER OF EAST 106TH STREET NORTH AND MINGO
ROAD FROM MR. D.M. SOKOLOSKY
Mr. Rooney presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, for Council
acceptance of a land donation from Mr. D.M. Sokolosky, as stated above.
YEA: Cataudella, Colgan, Kimball, Thoendel
NAY: None
Motion carried 4-0.
ITEM 11. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL TO AWARD A BID FOR THE
CONSTRUCTION OF THE THREE LAKES VILLAGE STREET
IMPROVEMENTS PROJECT
Ms. Stagg presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, for Council
approval to award a construction bid to Austin Paving, LLC of Stillwater, Oklahoma, in the
amount of $308,869.40 for the construction of the Three Lakes Village Street Improvements.
YEA: Cataudella, Colgan, Kimball, Thoendel
NAY: None
Motion carried 4-0.
4
Owasso City Council January 17, 2006
Councilor Kimball announced her intent to recuse herself from discussion and voting on Items
12 and 13. Mayor Thoendel acknowledged Councilor Kimball was recused from these agenda
items and Councilor Kimball exited the Council Chambers,
ITEM 12. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL TO AWARD A DID FOR THE
CONSTRUCTION OF THE "OFF -SITE" SILVER CREED DRAINAGE
IMPROVEMENTS PROJECT
Ms. ,Stagg presented the item. Mr. Cataudella, seconded by Mr. Thoendel, for Council approval
to award a bid for the construction of the "off -site" Silver Creels Drainage Improvements Project
to Keystone Services, Incorporated of Bixby, Oklahoma, in the amount of $569,229.95.
YEA: Cataudella, Colgan, Thoendel
NAY: None
Motion carried 3-0.
ITEM 13. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF A CONSTRUCTION PHASE
ENGINEERING SERVICES AGREEMENT BETWEEN THE CITE' OF
OWASSO AND MESHAK & ASSOCIATES, INCORPORATED FOR THE
SILVER CREED DRAINAGE IMPROVEMENTS PROJECT
Ms. Stagg presented the item. Mr. Kenneth Yates, a homeowner in the Silver Creek addition,
addressed the Council. Mr. Colgan moved, seconded by Mr. Cataudella, for Council approval of
a Construction Phase Engineering Services Agreement between the City of Owasso and Meshak
& Associates, Incorporated of Sand Springs, Oklahoma, in the amount of $30,000.00 for the
Silver Creek Drainage Improvements Project.
YEA: Cataudella, Colgan, Thoendel
NAB': None
Motion carried 3-0.
After the vote was concluded, Councilor Kimball returned into the Council Chambers.
Owasso City Council
January 17, 2006
ITEM 14. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL ADOPTION OF RESOLUTION NO. 2006-05, A
RESOLUTION ADOPTING THE 2005 STORMWATER MASTER PLAN
Ms. Stagg presented the item. Mr. Colgan moved, seconded by Mr. Cataudella, for Council
approval of Resolution No. 2006-05, adopting the 2005 Stonnwater Master Plan as a statement
of policy for the extension, expansion, development and regulation of the City of Owasso
municipal water system.
YEA: Cataudella, Colgan, Kimball, Thoendel
NAY: None
Motion carried 4-0.
ITEM 15. REPORT FROM CITY MANAGER.
Mr. Ray thanked all those involved in the recent trip to Houston for Owasso's presentation to the
employees of Conoco -Phillips who are relocating to our area.
ITEM 16. REPORT FROM CITY ATTORNEY
None
ITEM 17. REPORT FROM CITY COUNCILORS
Mr. Colgan expressed his appreciation to Chief Clark and the Owasso Fire Department for their
hard workk fighting the recent grass fires in Owasso.
Ms. Kimball thanked Michele Dempster, Director of Human Resources for the City of Owasso,
who accompanied Ms. Kimball to Sallisaw for a visit with the City of Sallisaw regarding the
Character Program.
El
6
Owasso City Council
danuar y 17, 2006
ITEM 19. ADJOURNMENT
Mr. Colgan moved, seconded by Ms. Kimball, to adjourn.
YEA: Cataudella, Colgan, Kimball, Thoendel
NAB': None
Motion carried 4-0 and the meeting was adjourned at 8:55 p.m.
Hat Fry, Minute Clerk
Craig Thoendel, Mayor
I
CITY OFUWASSO
CLAIMS TO BE PAID 02/07/06
VENDOR
DESCRIPTION
AMOUNT
TREASURER PETTY CASH
ACDEPOSIT REFUND
20.00
TREASURER PETTY CASH
A/C REFUND
00.00
TREASURER PETTY CASH
CCDEPOSIT REFUND
50.00
REFUND TOTAL
30-00
MATTHEVVVV. BAILEY
BAILIFF DUTIES
300,00
MUNICIPAL COURT DEPT TOTAL
TREASURER PETTY CASH
SNACKS -GOOD TOGREAT MTG
1270
ALL COPY SUPPLIES
TONER CARTRIDGE
9000
OFFICE DEPOT
OFFICE SUPPLIES
12031
TRIAD PRINTING
LOBBY DISPLAYS
21000
&1ETROCALL
PAGER USE
095
TREASURER PETTY CASH
PER DIEM
5000
0WASSOCHAMBER OFCOMMERCE
2005LEGISLATIVE SERIES
20000
TREASURER PETTY CASH
CITY MGRMEETING EXPENSE
3744
TREASURER PETTY CASH
MEETING EXPENSE
11149
WEST PAYMENT CENTER
MONTHLY CHARGES
41800
VVEGTPAYK4ENTCENTER
LEGAL RESEARCH BOOK
0500
CUSTOM CRAFT AWARDS
PLAQUE
15000
CARD CENTER
AIRLINE TICKET -SNOW
33000
CARD CENTER
AIRLINE T|CKET'K|K8BALL
33000
CARD CENTER
A|RL|NET|CKET'HAYES
33060
CARD CENTER
A|RL|NET|CKET-OG|LV|E
33000
CARD CENTER
A|RL|NET|CKET-P0LK
33080
A8HVVORTH.|NC
EMPLOYEE RECOGNITION
3061
DELL MARKETING L.P.
COMPUTER/SOFTWARE
124028
MANAGERIAL DEpTTOTAL
4,410.84
ALL COPY SUPPLIES
TONER CARTRIDGE
15000
TAYLORCORP0RAT|DN
ENVELOPES/PAPER
7250
OFFICE DEPOT
PAPER
2745
VVORDCOM
COLORED PAPER
4160
OFFICE DEPOT
OFFICE SUPPLIES
11008
GOVERNMENT FINANCE OFFICERS ASSOC
MEMBERSHIP DUES
17000
TAYLDRC0RPORAJ|ON
W/2'1098UPGRADE
45800
FINANCIAL EQUIPMENT
SERVICE CONTRACT
30400
TREASURER PETTY CASH
M|LEAQE'HE8S/HARR|S
3520
FINANCE OEPTTOTAL
1,426.89
VVORDCOM
PRESENTATION COVERS
2587
OFFICE DEPOT
OFFICE SUPPLIES
2274
LOVVESHOME IMPROVEMENT WAREHOUSE
OFFICE SUPPLIES
2032
CHARACTER TRAINING INSTITUTE
BULLETINS/GUIDES/CALENDARS
38008
VIDEO REVOLUTIONS
P8ADUBB|NG/7APES
10084
INTEGRITY FOCUS
CHARACTER CONSULTATION
65000
WHISTLER OUTDOOR ADVERTISING
CHARACTER INITIATIVE BILLBOARD
5.00000
ANZSIGNS
CHARACTER BANNERS
00500
AONC0NSULT|NQ
RET|REK4ENTANALYS|S/REPDRT
50000O
�
CHARACTER TRAINING INSTITUTE
BULLET] NS/GU|DES/CALENDARS
'
3U3.0U
i
WORLD PUBLISHING COMPANY/TULSA WORLD
COMMUNITY PUBLISHERS
WORLD PUBLISHING COMPANY/TULSA WORLD
WORLD PUBLISHING COMPANY/TULSA WORLD
CARD CENTER
URGENT CARE OF GREEN COUNTRY, P.L.L.C.
ACCURATE FIRE EQUIPMENT
TREASURER PETTY CASH
REASORS
JAVA DAVE°S EXECUTIVE
OFFICE DEPOT
CINTAS CORPORATION
SAMS CLUB
JERRY WOODS WELDING
COMMUNITY PUBLISHERS
COMMUNITY PUBLISHERS
CARD CENTER
COMMUNITY PUBLISHERS
SOUTHWESTERN BELL
SOUTHWESTERN BELL
RESERVE ACCOUNT
TREASURER PETTY CASH
AMERICAN SOCIETY OF COMPOSERS
OKLAHOMA MUNICIPAL LEAGUE
TREASURER PETTY CASH
JOLIE, INC. THE UPS STORE
COMMUNITY PUBLISHERS
ALL COPY SUPPLIES
WORDCOM
OFFICE DEPOT
A• -OK SIGNS
SAV-ON PRINTING AND OFFICE SUPPLIES
TREASURER PETTY CASH
BURR F KANNADY
BURR F KANNADY
METROCALL
CINGULAR WIRELESS
CINGULAR WIRELESS
MAXWELL SUPPLY OF TULSA
LOWES HOME IMPROVEMENT WAREHOUSE
MESHEK & ASSOCIATES
JOLIE, INC. THE UPS STORE
US CELLULAR
METROCALL
OK FLOODPLAIN MANAGERS ASSOCIATION
DESCRIPTION
k . _.
EMPLOYMENT ADVERTISING
142.75
EMPLOYMENT ADVERTISING
170.00
EMPLOYMENT ADVERTISING
188.79
EMPLOYMENT ADVERTISING
114.60
POSTING -CITY PLANNER JOB
150.00
PREEMPLOYMENT TESTING
296.00
FIRE EXTINGUISHER SERVICING
54.00
MILEAGE-DEMPSTER
91.45
MEETING EXPENSES
31.22
HUMAN RESOURCES DEFT TOTAL
_
13,425.56
SUPPLIES
135.73
OFFICE SUPPLIES
119.95
MAT SERVICE
32.15
OPERATING SUPPLIES
20.88
STATUE REPAIR
175.00
LEGAL NOTICES
690.00
LEGAL NOTICES
912.00
EBAY
28.81
LEGAL ADS
232.00
PHONE USE
863.54
PHONE USE
38.40
POSTAGE
2,000.00
POSTAGE
4.05
ASCAP 2006 LICENSING FEE
280.00
2005-06 ANNUAL SERVICE FEE
18,169.67
LICENSE TAG
25.00
GENERAL GOVERNMENT DEBT TOTAL
23,727.18
COPIES
5.34
LEGAL NOTICE
72.00
TONER CARTRIDGE
90.00
INKJET CARTRIDGE
28.23
OFFICE SUPPLIES
96.60
PERMIT SIGNS
1,000.00
PRINTING
138.64
FUEL
40.00
INSPECTION SERVICES
223.72
MILEAGE
156.60
PAGER USE
13.90
PHONE USE-MCCULEY
31.74
PHONE USE -WILES
31.94
COMMUNITY DEVELOPMENT DEPT TOTAL
1,928.71
UPSIDE DOWN PAINT
76.82
BATTERIES/LEVEL/TAPE
34.67
STORMWATER REVIEW
1,939.66
MAILING
26.53
CELL PHONE USAGE
67.78
PAGER USE
16.11
MEMBERSHIP DUES -CLINE
80.00
ENGINEERING DEPT TOTAL
2,24'1.57
VENDOR
DESCRIPTION
AMOUNT
OFFICE DEPOT
SOFTWARE/SUPPLIES
111.08
ATLAS COMPUTERS
CABLE INSTALLATION
100.00
C|NGULARVV|RELE8S
CELL PHONE BILL
48.38
COMPU3A
VIDEO CARD
48.00
L&K4OFFICE FURNITURE
OFFICE CHAIR
410.50
INFORMATION SYSTEMS 0EPTTOTAL,
----
OFFICE DEPOT
OFFICE SUPPLIES
23.70
HOUSE OF VACUUMS
BAGS
7.99
8AMSCLUB
OPERATING SUPPLIES
65.28
L0VVEOHOME IMPROVEMENT WAREHOUSE
PHYSICAL PROPERTY SUPPLIES
303.24
ATVVOODG
PHYSICAL PROPERTY SUPPLIES
44.05
O'RE|LLYAUT0MDT|VE
PHYSICAL PROPERTY SUPPLIES
-38.48
UN/F|R8THOLDINGS LP
UNIFORM RENTAL
111.15
RED BUD SERVICE
AIR FILTER SERVICE -CH
620.71
COX COMMUNICATIONS
|NTERNETFEES-OC
09.95
FLYNN'S PEST CONTROL
PEST CONTROL SERV|CE-0C/CH
110.00
D|GT||PROBATION COMMUNITY CORRECTIONS
VVORKPR0GRAK4-NOV7DEC
814.20
TREASURER PETTY CASH
DOCLUNCH
02.01
C{NGULARVV|RELESS
CELL PHONE BILL
24.20
METR0CALL
PAGER USE
0.85
CiNGULARVV|RELES8
CELL PHONE BILL
24.20
SOUTHWESTERN BELL.
PHONE USE
0.07
APCO1NC
MEMBERSHIP DUES
83.00
SUPPORT SERVICES DEPT TOTAL
2,402.08
OVVA880FOP LODGE #140
LEGAL DEFENSE FYU0
122.50
COX, HBURL
TUITION REIMBURSEMENT
888.00
OFFICE DEPOT
OFFICE SUPPLIES
148.44
ONYX CORPORATION
TONER CARTRIDGES
18025
OFFICE DEPOT
OFFICE SUPPLIES
377.88
|NYOUR FACE
PEPPER SPRAY
259.00
OFFICE DEPOT
TASK CHAIR/LIGHT BULBS
7248
STRATHEVETERINARY HOSPITAL
VET SERVICES
43.00
OKLAHOMAPOLICE SUPPLY
BATTER|E8/8ULBS/L|GHTP0UCH
39.90
REASOR8
EMPLOYEE APPRECIATION
29.38
LOVVESHOME IMPROVEMENT WAREHOUSE
MAP PROJECT
09.81
ALLIANCE MEDICAL
MEDICAL WASTE CONTAINERS
155.70
THE HUNTING SHACK
AMMUNITION
451.48
VVAL'K8ARTCOK8MUN|TY
AUD/0N|DEDTAPES
80.37
8ALL'8|NC
MEASURING WHEEL
255.23
SAM8CLUB
OPERATING SUPPLIES
110.80
CARD CENTER
BACKPACKG'B|CYCLE PATROL
165.40
ACCURATE FIRE EQUIPMENT
FIRE EXTINGUISHERS
135.40
8ALL'S|NC
UNIFORM GEAR
1.872.12
LEE'SBICYCLE SHOP
BIKE PATROL GLOVES
110.07
VVAL-MARTCOMMUN|TY
CAR BATTERY
58.84
OVVA8SOFITNESS ZONE
PHYSICAL FITNESS PROGRAM
75.00
MEDICAL COMPLIANCE SPECIALTY
MEDICAL WASTE DISPOSAL
126.00
TULSAREGIONAL MEDICAL CENTER
LAB TESTING
30.58
TOTAL RADIO
RADIO REPAIR
88.17
COMPU8A
COMPUTER REPAIR
89.00
YALECLEANERG
UNIFORM CLEANING
1.708.18
VENDOR
DESCRIPTION
AMOUNT
METROCALL
PAGER USE
258.56
SOUTHWESTERN BELL
PHONE USE
863.54
CARD CENTER
CELL PHONE
19.99
SOUTHWESTERN BELL
PHONE USE
37.41
OKLAHOMA POLICE SUPPLY
SHIPPING CHARGES
18.00
BOARD OF TESTS FOR ALCOHOL & DRUG
PREQUALIFICATION TESTS
130.00
HOLIDAY INN EXPRESS
LODGING -INSTRUCTORS
354.75
TREASURER PETTY CASH
LUNCH MEETING
70.28
IACP
MEMBERSHIP DUES-CHAMBLESS
100.00
OKLAHOMA ASSOCIATION OF CHIEFS OF POLICE
MEMBERSHIP-YANCEY
60.00
FBI NATIONAL ACADEMY ASSOCIATES
ANNUAL MEMBERSHIP
60.00
IACP
MEMBERSHIP-YANCEY
100.00
TOTAL RADIO
RADIO PROGRAMMING
106.50
DRAGOON
TURBO FLARES
2,800.00
FLEET DISTRIBUTORS EXPRESS
SPEAKER
142.00
POLICE DEPT TOTAL
13,104.28
ONYX CORPORATION
TONER CARTRIDGES
178.64
WAL-MART COMMUNITY
PRISONER MEALS
158.31
SAMS CLUB
OPERATING SUPPLIES
70.31
TOTAL RADIO
RADIO REPAIR
106.90
DEPARTMENT OF PUBLIC SAFETY
OLETS RENTAL
350.00
METROCALL
PAGER USE
6.95
APCO
APCO MEMBERSHIP DUES
83.00
POLICE COMMUNICATIONS DEPT TOTAL
554.11
LISA LONG
TUITION REIMBURSEMENT
492.00
ONYX CORPORATION
TONER CARTRIDGES
30.51
JB WHOLESALE
SHELTER SUPPLIES
47.97
WAL-MART COMMUNITY
SHELTER SUPPLIES
97.14
SAMS CLUB
OPERATING SUPPLIES
151.81
STRATHE VETERINARY HOSPIT
SHELTER SUPPLIES
25.39
HILL'S PET NUTRITION SALES
SHELTER SUPPLIES
150.00
CITY OF TULSA DEPT OF FINANCE
EUTHANASIA SERVICES
100.00
STRATHE VETERINARY HOSPIT
EUTHANASIA SERVICES
367.00
STRATHE VETERINARY HOSPIT
EUTHANASIA SERVICES
100.00
SOUTHWESTERN BELL
PHONE USE
0.41
METROCALL
PAGER USE
13.90
ANIMAL CONTROL DEPT TOTAL
1,576.13
MITCHELL, SHIRLEY
REIMBURSEMENT-CLASS/BOOKS
143.40
OFFICE DEPOT
OFFICE SUPPLIES
377.74
PRECISION FIRE APPARATUS
HYDRAULIC OIL
50.00
A-Z RUBBER STAMP & ENGRAVING
NAME PLATES/PLAQUE
87.25
SAMS CLUB
OPERATING SUPPLIES
186.68
WAL-MART COMMUNITY
MAINT SUPPLIES
84.64
BAILEY EQUIPMENT
PUMP FUEL
25.30
EVE SUPPLY
CLEANING SUPPLIES
640.97
TAYLORMADE LOCK & KEY
DOOR LOCKS/KEYS
40.00
TREASURER PETTY CASH
LUNCH MTG/GATORADE
30.36
LOWES HOME IMPROVEMENT WAREHOUSE
MAINT SUPPLIES
22.90
OKLAHOMA POLICE SUPPLY
UNIFORM PANTS -SALTS
85.00
F & F SUPPLY CO
BUNKER COAT REPAIR/CLEANING
86.00
YALE CLEANERS
OKLAHOMA POLICE_ SUPPLY
NORTH AMERICA FIRE EQUIPMENT
SHORTYS AUTO ELECTRIC
CROW BURLINGAME COMPANY
FLEET DISTRIBUTORS EXPRESS
LENOX WRECKER SERVICE
GOMEZ, ERIC
GAINES APPARATUS SERVICE
WAYEST SAFETY
ROTO-ROOTER
MAXWELL SUPPLY OF TULSA
BMI SYSTEMS OF TULSA
CINGULAR WIRELESS
CINGULAR WIRELESS
SOUTHWESTERN BELL
METROCALL
FENNELL, ROSE MARIE
INSTITUTION OF FIRE ENGINEERS
INTERNATIONAL ASSOC OF FIRE CHIEFS
W.S. DARLEY & CO
SAMS CLUB
SOFTWARE. HOUSE INTERNATIONAL
VERDIGRIS VALLEY ELECTRIC COOPERATIVE
PAVING MAINTENANCE SUPPLY
H & H INDUSTRIES, INC
OFFICE DEPOT
LOGAN COUNTY ASPHALT
MILL CREEK LUMBER & SUPPLY
APAC, INC
RAINBOW CONCRETE COMPANY
LOWES HOME IMPROVEMENT WAREHOUSE
EQUIPMENT ONE RENTAL & SALES
ATWOODS
HOLLIDAY SAND & GRAVEL
GEORGE & GEORGE SAFETY AND GLOVE
UNIFIRST HOLDINGS LP
TULSA COUNTY TULSA COUNTY BOCC
MAXWELL SUPPLY OF TULSA
JOLIE, INC. THE UPS STORE
SIGNALTEK
METROCALL
EQUIPMENT ONE RENTAL & SALES
US CELLULAR
GNC CONCRETE PRODUCTS
CHANDLER MATERIALS CO
TWIN CITIES READY MIX
MILL CREEK LUMBER & SUPPLY
DESCRIPTION AMOUNT
UNIFORM RENTAL/CLEANING
324.47
UNIFORM PANTS -SALTS
182.65
BUNKER GEAR/HELMETS/GLOVES
11,646.00
PUMP MOTOR
65.00
MAINT SUPPLIES
83.34
REPLACEMENT BULBS
73.63
TOWING CHARGE
75.00
REIMBURSEMENT PHYSICAL
40.00
PUMP SERVICE TEST
925.99
SCBA REPAIR
110.90
DRAINAGE WORK
369.85
2 REPAIR MATERIALS
199.93
COPIER RENTAL
209.21
CELL PHONE USE
43.01
CELL PHONE USE -CHIEFS
129.40
PHONE USE
10.90
PAGER USE
107.95
REIMBURSEMENT -TRAINING
299.00
MEMBERSHIP DUES-CLARK
131.00
MEMBERSHIP DUES-CLARK
175.00
FIRE TRUCK EQUIPMENT
1,371.58
FIRE DEPT TOTAL
18,434.05
OPERATING SUPPLIES 16.44
SOFTWARE-2003 OFFICE 242.18
STORM SIRENS 17.68
EMERGENCY PREPAREDNESS DEPT TOTAL 276.30
COLD PATCH -POTHOLES
804.18
TRAFFIC SIGNAL BULBS
518.00
KEYBOARD DRAWER
37.99
FIBER FILL -POTHOLES
412.50
MAINT SUPPLIES/FORM BOARDS
46.60
ASPHALT
53.33
CONCRETE-CURB/GUTTER REPAIR
1,020.25
PAINT ROLLERS
8.14
PROPANE -HOT BOX
90.68
NUTS/BOLTS
6.31
SAND-ICE/SNOW REMOVAL
187.37
GLOVES
26.65
UNIFORMS/PROT CLOTHING
92.08
TRAFFIC/STREET SIGN REPLACEMENT
913.50
FINISHING TOOLS -CONCRETE
68.98
MAILING -TRAFFIC SIGNS
56.55
MAINTENANCE-NOV/DEC
1,595.75
PAGER USE
76.20
ELECTRIC HAMMER
64.00
CELL PHONE USAGE
33.90
PRECAST DRAIN COVER/LID
510.00
STORM DRAIN MATERIALS
150.60
CONCRETE
677.75
CONCRETE MIX/FORM BOARDS
375.91
STREETS DEPT TOTAL
7,827.22
M
VULCAN
OFFICE DEPOT
MAXWELL SUPPLY OF TULSA
BAILEY EQUIPMENT
BROWN FARMS SOD
WAL-MART COMMUNITY
ATWOODS
GEORGE & GEORGE SAFETY AND GLOVE
UNIFIRST HOLDINGS LP
ATWOODS
BAILEY EQUIPMENT
LOT MAINTENANCE OF OKLAHOMA
METROCALL
VINES PROPERTIES INC
ATWOODS
LOWES HOME IMPROVEMENT WAREHOUSE
ATWOODS
UNIFIRST HOLDINGS LP
BAILEY EQUIPMENT
ADT SECURITY SERVICES INC
WASHINGTON CO RWD 3
METROCALL, INC
WATER PRODUCTS
WATER PRODUCTS
ANCHOR STONE CO
MIRACLE RECREATION EQUIPMENT COMPANY
WORDCOM
WORDCOM
OFFICE DEPOT
CHARACTER TRAINING INSTITUTE
MURPHY SANITARY SUPPLY
CARD CENTER
SOUTHWESTERN BELL
TREASURER PETTY CASH
OFFICE DEPOT
SOUTHWESTERN BELL
OWASSO CHAMBER OF COMMERCE
OFFICE DEPOT
WAL-MART COMMUNITY
CROSSROADS COMMUNICATIONS
TREASURER PETTY CASH
TREASURER PETTY CASH
DESCRIPTION AMOUNT
SIGN POSTS/DELINEATORS
720.12
CHAIR
66.49
SILT FENCE
45.66
CHAINSAW SUPPLIES/CAP/OIL
123.93
SOD
220.00
FILE CABINET
28.74
TAPE/SLICE KIT/SAW BLADES
20.32
GLOVES
26.64
UNIFORMS/PROT CLOTHING
107.79
TIRE GAUGES/STAKE PULLER
49.92.
POLE SAW REPAIR
231.32
RENTAL -STREET SWEEPER
1,937.50
PAGER USE
44.20
STORMWATER MAINT DEPT TOTAL
3,622.63
RENTAL
480.00
REBAR
7.62
CHEMICALS
158.00
WINDSHIELD WASHER FLUID
2.54
UNIFORM RENTAL/CLEANING
73.95
CHAIN SAW
299.75
SECURITY SERVICES
43.36
WATER-MCCARTY PARK
1.81
PAGER USE
13.90
SEWER MATERIALS
325.22
SEWER TAPE
9.13
TYPE A AGGREGATE
65.48
WOOD CHIPS/TIMBERS
5,100.00
PARKS DEPT TOTAL
6,580.76
INK CARTRIDGE
52.19
INKJET CARTRIDGES
381.77
OFFICE SUPPLIES
298.32
BULLETINS
35.00
PAPER GOODS
53.85
PURCHASED PHONE
19.99
PHONE USE
0.53
MILEAGE-MELONE
64.08
COMMUNITY CENTER DEPT TOTAL
905.73
OFFICE SUPPLIES 128.22
PHONE USE 0.48
CHAMBER LUNCHEON 30.00
HISTORICAL MUSEUM DEPT TOTAL 158.70
OFFICE SUPPLIES 54.00
BOOTH SUPPLIES-HOUSTON TRIP 75.89
WEBSITE PROGRAM/DESIGN 1,500.00
TRAVEL-HAYES 568.80
MEETING EXPENSE 11.16
ECONOMIC DEVELOPMENT DEPT TOTAL---2,209.85
VENDOR
DESCRIPTION
AMOUNT
GENERAL FUND TOTAL
TREASURER PETTY CASH
AMBSERVICE REFUND
11.00
OFFICE DEPOT
OFFICE SUPPLIES
27777
MEDICAL COMPLIANCE SPECIALITY
B|O-WASTENSPOSAL
89.00
PACE PRODUCTS OFTULGA
AMBULANCE SUPPLIES
252.00
MEDTRON|CPHYS0-CONTROL
AMBULANCE SUPPLIES
1.79070
ALLIANCE MEDICAL
AMBULANCE SUPPLIES
0.778.85
C|NGULARVV|RELES8
CELL PHONE USE -OTHERS
86.11
MED|CLA|K8G
MONTHLY SERVICES
442803
AMBULANCE SERVICE FUND TOTAL
MILL CREEK LUMBER &SUPPLY
FORM BOARDS
40.24
CEMETERY CARE FUND TOTAL,
----46.24
=====
MESHEK&ASSOCIATES
ENGINEERING SERVICES
5.245.05
K8ESHEK&ASSOCIATES
STORK4YVATERREV|EVY
472636
ST0RMWATERMQMTFUND TOTAL
APLUS SERVICE
HEAT/A|R|NSTALLAT|ON
7.500.00
TYANNDEVELOPMENT COMPANY
LAND PURCHASE
180.000.00
C2AENG|NEER|NG
ENS|NEE0NGSVS-80/M|NGO
14.040.00
C2AENG|NEER|NG
ENGINEERING SERVICES
3.750.00
CHARNEY.BUSS, @WILLIAMS, P.C.
APPRAISAL
4.012.50
BECCO CONTRACTORS
9O/CARNETTINTERSECTION 2/1/O5
149.549.55
BECCOCDNTRACTORS
GARNETTRDIMPROVEMENTS 2/1/U5
213.107.18
MESHEK&ASSOCIATES
ENGINEERING SERVICES U1/1700
1048175
CAPITAL IMPROVEMENTS FUND TOTAL
589,100.98
VVAYESTGAFETY
ISO EQUIPMENT
1314100
FIRE CAPITAL FUND TOTAL
13,141.00
WATER PRODUCTS
SEWER MATERIALS
325.21
WATER PRODUCTS
SEWER TAPE
9.13
ANCHOR STONE
TYPE A AGGREGATE
65.40
ELLSVVORTHCONSTRUCTION, LLC
N3P'CDBG8/10/O5
11508500
CAPITAL PROJECTS GRANTS FUND TOTAL
115,484.83
L|V|NGSTON.KEN
TUITION REIMBURSEMENT
309.90
0'RE|LLYAUTOMDT|VE
SHOP SUPPLIES
22.35
8AMGCLUB
OPERATING SUPPLIES
27.55
UN|F|RSTHOLDINGS LP
UNIFORM RENTAL
130.40
0'RE|LLYAUTOM0T|VE
SMALL TOOLS
5223
ENLOVVTRACTOR
PARTS FOR RESALE
22.42
T&VVTIRE, LP
TIRES
1.305.00
FRONTIER INTERNATIONAL TRUCKS
PARTS FOR RESALE
27.81
O'RE|LLYAUTUKJ0T|VE
PARTS FOR RESALE
1.590.08
CLASS|CCHEVR0LET
PARTS FOR RESALE
50.01
TRUCK PRO
LIGHTS -CRANE CARRIER
83.90
UNITED FORD
REPA/RPART8'RESALE
331.08
OCT EQUIPMENT, LLC
PARTS'BACKHOE
21.02
KJETROCALL
PAGER USE
0.05
C|N6ULARVNRELESS
SOUTHWESTERN BELL
LENOXWRECKER SERVICE
AFFORDABLE PRECISION GLASS
AFFORDABLE PRECISION GLASS
CITY OF0WASSO|K4PRE8TACCOUNT
PP0SDLUT|ON3
PPOSOLUT0NS
PP08OLUT0NS
UNITED SAFETY &CLAIMS
JPHOGANINSURANCE
URGENT CARE 0FGREEN COUNTRY, Pl.LC.
CENTRAL STATES ORTHOPEDIC SPECIALISTS
REGIONAL MEDICAL LABORATORY
THIRD PARTY SOLUTIONS
REHA8/L1CARE.ADIVISION OFCOMPLEX
TULSASPINE HOSPITAL
JAMPETRO.TC/O CRA|8ARM8TR0NS.ATTY
GOSVENE0.BOB LC/O BRYCEAHILL, HIS ATTY
WELLS, JACK D
ORTHOPEDIC HOSPITAL OFDKLAH0MA.LLC
ASSOCIATED ANESTHESIOLOGISTS
VVOR0NGRX
OKSPINE & BRAIN |NST
URGENT CARE UFGREEN COUNTRY, P.L.L.C.
OVVASSOPHYSICAL THERAPY CLINIC
THIRD PARTY SOLUTIONS
CLINICAL CARE PHARMACY 0FOWASSO
HEALTH8OUTHH0LD|NGS
THE ORTHOPAEDIC CENTER
REGIONAL MEDICAL LABORATORY
REGIONAL MEDICAL LABORATORY
DIAGNOSTIC HEALTH CORPORATION
R|CKDEARK4OND
JAkdPETRO.TC/O CRA{GARMSTRDN6.ATTY
DESCRIPTION AMOUNT
CELL PHONE BILL 24.18
PHONE USE 1.85
TOWING 05.80
REMOVAL/INSTALL-DOOR GLASS 144.00
REMOVAU|N3TALLVV|NDSH|ELD 182.00
CITY GARAGE FUND TOTAL 4,�4O4 78
ESTABLISH |MPRESTACCTBALANCE
50.000I0
K410034
40]8
B00203
47.58
R05074
4323
THIRD PARTY ADK8|NFEES
1.450.80
WORKERS COMP INSURANCE
248.00
B10205
50.58
R05074
1.050.91
B08225
51.00
T12105
18.91
M10034
795.00
M10034
907.77
J06172
474.00
G02204
528.00
VV07204
528.00
R05074
2.318.40
D07234
438.86
D07234
00.12
M10034
59.58
J01038
120.50
M10034
285.07
H00045
23.12
M00304
221.54
B00203
900.14
806203
30.72
K112O5
143.00
J08235
166.10
T12105
1.935.54
D07234
25.48
J08172
31.04
WORKERS COMP FUND TOTAL
GRAND TOTAL 915,381.20
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 1/21/2006
Department
Overtime Expenses
Total Expenses
Municipal Court
0.00
3,498,83
Managerial
57.86
51,001.87
Finance
123.53
15,865.51
Human Resourses
93.02
6,352.09
Community Development
0.00
13,935.90
Engineering
0.00
9,747.33
Information Systems
0.00
9,566.72
Support Services
146.07
8,582.21
Police
1440.32
100,402.20
Central Dispatch
288.42
8,480.21
Animal Control
0.00
; 2,892.44
Fire
2,509.80
72,114.28
Emergency Preparedness
0.00
1,787.44
Streets
65.28
7,897.87
Stormw ter/FLOW Maint.
152.73 '
9,021.84
Park Maintenance
0.00
7,536.99
Community -Senior Center
0.00
4,730.54
Historical Museum
0.00
2,481.92
Economic Development
0.00
3,895.44
General Fund Total $4,877.03 $339,791.63
�G
Ambulance Fund
Fund Total " $836.6Q $18,327.02
Emergency 911 Fund
Worker's Comp Self -Insurance Fund
CITY OF OWASO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE V-789
VENDOR
DESCRIPTION
AMOUNT
AETNA
HEALTHCARE MEDICAL SERVICE
24.408.97
HEALTHCARE MEDICAL SERVICE
2210879
HEALTHCARE DEPTTOTAL
46,69616
DELTA DENTAL
DENTAL MEDICAL SERVICE
2.717.70
DENTAL MEDICAL 8ERVCE '
4,029.27
DENTAL MEDICAL SERVCE .
1,848.70
DENTAL DEPT TOTAL
8,595.
vSr
VISION MEDICAL SERVICE
155588
VISION DEPTTOTAL
1,555.
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OASSO
FROM- CHIP MCCIIL LEY
CITY PLANNER
R
SUBJECT- ORDINANCE NO, 841
SATE: January 26, 2006
BACKGROUND:
At the November 15, 2005 meeting, the Owasso City Council approved an annexation request
(OA 05-09) for approximately 27.69 acres of property, located southwest of the intersection of E.
96' Street North and N. 145`h East Avenue. Attached is a copy of Ordinance No. 841, that
formally adopts the City Council' s action of November 15, 2005. The Council took action on
this annexation following the Planning Commission's approval on November 7, 2005.
Between the Planning Commission meeting and the City Council meeting, the applicant, Tyann
Development, amended their application by removing five acres, at the corner of the
intersection of East 96`h Street North and North 1451h East Avenue, from the territory under
consideration. This amendment caused a delay in placing the annexation ordinance on the
Council's consent agenda, because the applicant was required to amend the legal description
of the property to be annexed.
The staff has now received the correct legal description and the annexation ordinance has been
placed on the February 7, 2006 City Council consent agenda for action by the City Council.
RECOMMENDATION:
The staff recommends Council approval of Ordinance No. 841.
ATTACHMENT:
1. Ordinance No. 841
2. Subject Map
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
WHEREAS, 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 November 15, 2005 at 6:30 PM at Old
Central, Owasso, Oklahoma; and
WHEREAS, on the 15th day of November, 2005, 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, O', ... 1 BY THE COUNCIL OF THE CITY OF
SWASSO, O
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:
A TRACT OF LAND IN THE NE/4 NE/4 OF SECTION 21, TOWNSHIP 21 NORTH,
RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA,
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NE
CORNER OF SECTION 21, T-21-N, R-14-E, THENCE N 89°59'38" W, A DISTANCE
OF 30.00 FEET; THENCE S 00°08'01" W, A DISTANCE OF 363.00 FEET TO THE
POINT OF BEGINNING; THENCE S 0008'01" W, A DISTANCE OF 960.32 FEET;
THENCE N 89055'02" W, A DISTANCE OF 963.56 FEET; THENCE DUE NORTH
710.69 FEET; THENCE S 89°37'49" W, A DISTANCE OF 329.64 FEET; THENCE N
00°08'04" E, A DISTANCE OF 250.50 FEET; THENCE S 89°59'39" E, A DISTANCE
OF 120.00 FEET; THENCE N00°08'04" E, A DISTANCE OF 8.50 FEET; THENCE S
89059'38" E, A DISTANCE OF 115.00 FEET; THENCE N 00°08'04" E, A DISTANCE
OF 16.50 FEET; THENCE S 89°59'38" E, A DISTANCE OF 325.00 FEET; THENCE S
00°08'04" W, A DISTANCE OF 363.00 FEET; THENCE N 89d59'38" W, A
DISTANCE OF 614.84 FEET TO THE POINT OF BEGINNING.
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 froze and after the passage and publication of this Ordinance, the real estate
and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and
in Ward Three 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 from and after the effective date of this Ordinance, the real estate and
territory described in Section 1 hereof, shall be deemed to be in the AG (Agricultural) zoning
district of the City of Owasso in accordance with the provisions of Section 110.3 of the Owasso
Zoning Code.
Section 4. 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.
Section 5. That this Ordinance shall become effective thirty (30) days from the date of first
publication as provided by state law.
PASSED AND APPROVED this 7th day of February, 2006.
Craig Thoendel, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Trout Lombardi, City Attorney
Owasso Community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.corn
TO- THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: J.B. ALEXANDER
PROJECT MANAGER
SUBJECT- ACCEPTANCE OF STREET, STORM DRAINAGE,
AND SANITARY SEWER SYSTEMS
GARRETT CREEK EIS II®A
BATE. January 25, 2006
BACKGROUND
The subject residential development is located east of North 1291h East Avenue at East I I2t"
Street North (see attached map). Design for the streets and stormwater drainage systems were
reviewed and approved in January 2004. The sanitary sewer system consists of approximately
1,762 LF of eight (8) inch PVC sanitary sewer lines. The water system is within the jurisdiction
of Washington County RWD #3.
t
Final inspections for the sanitary sewer, streets, and stormwater drainage systems were
conducted on January 11, 2006. All items identified at the final inspection requiring correction
to meet City standards have been completed. The construction contractor has provided a one-
year maintenance bond for the storm drainage and sanitary sewer system and a two-year
maintenance bond for the streets (see attached).
Staff recommends acceptance of the Garrett Creek II -A sanitary sewer, streets and stormwater
drainage systems.
A. Location Map
B. ODEQ Permit
C. Maintenance Bonds
D. Washington County RWD #3 Acceptance Letter
oar
Owasso Public Works
G--'ARRETT
N
Department
Engineering Div.
CREEK IIA
P.O. 180
W-I� E
Owasso, OK 74055
918.272.4959
Location Map
wwvv.cityof6wasso.com
S
1/13/06
Executive Director OK|8AOk�\ DEPARTMENT 0FENVIRONMENTAL QUALITY
F. Robed Carr, Jr, P.E. Public Works Director
City ofOwasso
111 North Main
Owasso, Oklahoma 74U55
Re: Permit No. SL00087204O13O
Garrett Creek Phase || Sanitary Sewer Line Extension
S-21310
Dear Mr. Carr:
BRAD HENRY
Governor
Enclosed is Permit No. SL008072048130 for the construction ofG.735 feet of eight (8) inch PVC sanitary
sewer line to serve the Garnett Creek Phase || sanitary sewer line extension, City ofOwasso, Tulsa
County, Oklahoma.
The project authorized by this permit should be constructed in accordance with the plans approved by this
Department on February 27, 2004. Any deviations from the approved plans and specifications affecting
capacity, flow or operation of units must be approvad, in writing, by the Department before changes are
made.
Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso,
after which it should be made a matter of permanent record.
We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one
(1)set for our files.
Very truly yours,
Camperson
Jose
DWSRIF/Construction Permit Section
Water Quality Division
J
Enclosure
Robert EHolmes, P£.Independent Design Consultants, LLC.
Rick Austin, Regional Manager, DEO
Regional Office atTulsa
70� NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101-1617
".,^m /"/°, °u^ ""` *^
Granite (fie, Inca ATTACHMENT
Bond# GR 4010
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That We, the undersigned Austin Paving, LLC
303 E. Newman Ave., Stillwater, OK 74075 , as Principal and Granite Re, Inc., a corporation
organized under the laws of the State of Oklahoma and duly authorized to do business in the State
of Oklahoma _, as Surety, are held and firmly bound unto City of Owasso
PO Box 180, Owasso, OK 74055 _ in the penal sum of
****
Fifty -Nine Thousand Six Hundred Three and 00/100______________________--_____--------------------- ____ ****
($ 59,603.00 _ ) Dollars, for the payment of which well and truly to be made, we
hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns.
Signed this 5th day of October _ 20 05
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above named
Principal did on the 20th day of April , 20 05 enter into a contract with the
Garrett Creek Homesites LLC FOR Sanitary Sewer to serve Garrett Creek Homesites Phase II a _
addition to The City of Owasso, Tulsa Countv, OK
AND, WHEREAS, the specifications of said construction contract provide that upon final
acceptance by Obligee said Principal shall furnish a maintenance bond for the sum amounting to
****One Hundred**** percent (1000/.) of the contract price, and to remain in full force and effect
for the period of One ( 1 ) year(s) from the date of acceptance, as therein stated in said
specifications; the said work having been duly accepted by said obligee.
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall
make good all defects appearing in the work performed by Principal due to faulty workmanship or
materials which may develop during the period of One ( 1 ) year(s) from the date of
completion and final acceptance of said work, then this obligation shall be void; otherwise to
remain in full force and effect.
Granite Re, Inc.
Surety
BY:
Guadalupe Hernandez Attorney -in -Fact
GRO392-23
Granite Re, Inc,
Bond# GR 4009
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That We, the undersigned Austin Paving, LLC
303 E. Newman Ave., Stillwater, OK 74075 , as Principal and Granite Re, Inc., a corporation
organized under the laws of the State of Oklahoma and duly authorized to do business in the State
of Oklahoma , as Surety, are held and firmly bound unto City of Owasso
PO Box 180, Owasso OK 74055 in the penal sum of
**** One Hundred Thirty -One Thousand Eight Hundred Seventy -Six and 25/100
($ 131,876.25 ) Dollars, for the payment of which well and truly to be made, we
hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns.
Signed this _4th day of October 2005
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above named
Principal did on the 20th day of April , 20 05 enter into a contract with the
Garrett Creek Homesites, LLC FOR Storm Sewer to serve Garrett Creek Homesites Phase II a
addition to The City of Owasso Tulsa County, OK
AND, WHEREAS, the specifications of said construction contract provide that upon final
acceptance by Obligee said Principal shall furnish a maintenance bond for the sum amounting to
****One Hundred**** percent (100/o) of the contract price, and to remain in full force and effect
for the period of One ( 1 ) year(s) from the date of acceptance, as therein stated in said
specifications; the said work having been duly accepted by said obligee.
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall
make good all defects appearing in the work performed by Principal due to faulty workmanship or
materials which may develop during the period of One ( 1 ) year(s) from the date of
completion and final acceptance of said work, then this obligation shall be void; otherwise to
remain in full force and effect.
Granite Re, Inc.
S u rety
BY:
Guadalupe Hernandez , Attorney -in -Fact
GR0392-23
Granite Re, Inc.
Bond# GR 4012
MAINTENANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That We, the undersigned Austin Paving, LLC
303 E. Newman Ave., Stillwater, OK 74075 _, as Principal and Granite Re, Inc,, a corporation
organized under the laws of the State of Oklahoma and duly authorized to do business in the State
of Oklahoma as Surety, are held and firmly bound unto City of Owasso
PO Box 980, Owasso, OK 74055 in the penal sum of
**** One Hundred Fifty -Three Thousand Two Hundred Thirty and 00/100 c--nmd-e__H��n--a_v------� **"*
($ 153,230.00 ) Dollars, for the payment of which well and truly to be made, we
hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and
assigns.
Signed this __ 5th day of October 2005
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the above named
Principal did on the 20th day of April , 20 05 enter into a contract with the
_Garrett Creek Homesites, LLC FOR Concrete Paving to serve Garrett Creek Homesites Phase II a _
addition to The Citv of Owasso, Tulsa Countv, OK
AND, WHEREAS, the specifications of said construction contract provide that upon final
acceptance by Obligee said Principal shall furnish a maintenance bond for the sum amounting to
****One Hundred**** percent (100%) of the contract price, and to remain in full force and effect
for the period of Two ( 2 ) year(s) from the date of acceptance, as therein stated in said
specifications; the said work having been duly accepted by said obligee.
NOW, THEREFORE THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall
make good all defects appearing in the work performed by Principal due to faulty workmanship or
materials which may develop during the period of Two ( 2 ) year(s) from the date of
completion and final acceptance of said work, then this obligation shall be void; otherwise to
remain in full force and effect.
Granite Re, 1
Surety
BY:
Guadalupe Hernandez , Attorney -in -Fact
GR0392-23
November 16, 2005
City of Owasso
Attn- J. B, AlexaDder, Project Engineer
P 0 Box 180
Owasso, Oklahoma 74055
FAX 272-4996
Un have u ffile an
The requirements by Rural Water District #.3, Washington Co ty av been f I d d
water lines have been accepted for Garrett Creek Residential 11, Phase A, 34 residential
lots in the NW/4 of Section 9, T21N, R14E.
ll ZIP
,. ►1
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ANA C. STAGG
PUBLIC WORKS DIRECTOR
SUBJECT, BID AWARD FOR
FY 2004 CDBG SIDEWALK RE HABILITATION PROJECT
SKATE PARIC IMPROVEMENTS
DATE: January 31, 2006
BACKGROUND:
As part of the Community Development Block Grant (CDBG) program, this project includes
cori.struction of new sidewalks, construction of new handicap ramps, and striping and signage for safe
pedestrian travel to the skate park. Locations for improvements were identified on fain Street from
East %6`i' Street forth to and from the Skate Park facilities (see Attaclunent A). The work
complements the restroom facilities, also financed by the Community Development Block Grant, and
currently under construction at the park.
In December 2005, the Public Works Department Engineering Division finalized plans and
specifications for the FY 2004 project. Advertisements for Bids were published in the Owasso
Reporter on December 20, 2005 and December 27, 2005.
Contract documents are structured with a base bid to complete all sidewalk construction and various
other improvements. Additive alternates for the construction of a retaining wall were included
because of elevation variances along the proposed sidewalk. The Engineer's Estimate prepared by
Public Works staff in December 2005 is $35,086.00 for the base work and $1,380.00 for alternate
work resulting in a total estimate of $36,466.00 (see Attachment B).
ALYSIS OF BIDS:
Bids were opened on January 10, 2006 from three (3) companies as shown on the attached summary
sheet (see Attachment Q. The apparent low bid was submitted by Tri-Star Construction of
Claremore, Oklahoma, in the amount of $38,632.00 for the base bid and $1,200 for the alternate, for a
total bid of $39,832.00.
City staff examined the submitted bid package and no omissions or errors were found. Tri-Star
Construction was the selected contractor for the performance of the restroom facility work.
Page 2
Bid Award
FY 2004 CDBG/ADA Sidewalk Rehabilitation Project
FUNDING SOURCE-
Funds for this project are available through a federal matching grant in the amount of $66,450.00 (46-
515-54100-033). The City's contribution for the construction. of the sidewalk improvements is
included in the FY 05-06 Street Capital Outlay budget (01-300-54220-033).
RE COMMENDATION -
Staff recommends Council award of the FY 2004 CDBG Sidewalk Rehabilitation Project to TR1-
S'TAR Construction, Claremore, Oklahoma in the amount of $39,832.
ATTACHMENTS:
A.
Project Site Plan
B.
Engineer's Estimate
C.
Bid Tabulation
D.
Tri-Star Bid Sheet
rTv,AvTTW-Tv9TW�El
t P"
_
All Proiects
Bid Item ##
Description
Quantity
Unit
Unit Price
1
Type "A" Ramps � w.� .
1
EA
$800.00
2
New 4" thick Sidewalk
578
SY
$36.00
3
New 6" thick Sidewalk (across unpaved drives) —
— 36
SY
$50.00
4
Unclassified Borrow
56
CY
$17.00
5
Replacement Sod
192
Sy
$3.00
6 w
Adjust Water Valves
1
EA
_ $150.00
7
15" Culverts and Headwalls for sidewalk
— 2
EA
$2,500.00
8
Striping and Signage v
1
L.S
1 $5,000.00
Total
Cost:
Total
$ 800.00
$ 20,808.00
$ 1,800,00
$ 952.00
$ 576.00
$ 150.00
$ 5,000.00
$ 5,000.00
$ 35,086.00
- - - - - - - - -
-
City of Owasso
Public Works Department
'k
301 West 2nd Avenue
P.O. Box 180
Owasso, OK 74055
FY 2004 CD ADA SIDEWALK REHABILITATION PROJECT
(MATIN STREET — FROM 76 TI STREET TO SKATE PARK)
BID TABULATION SUMMARY
Tuesday, January 10, 2006 — 10:00 AM (CST)
CONTRACTOR
(2)
BASE BID
(3)
TOTAL ALT. BID
(4)
(5)
TOTAL BID AMOUNT
PentaCon
$81,397.00
$2,555.00
$83,952.00
Tri-Star
L
$38,632.00
$1,200.00
$39,832.00
1
i
Cherokee
$44,382.00
$3,390.00
$47,772.00
En-ineer's Estimate
1D
$35,086.00
$1,380.00
$36,466.00
R.I
All Projects
Bid Item #
Description
Quantity
_
Unit
Unit Price
Total
1
Type "A" Ramps
1
EA
$1,500.00
$_ 1,500.00
2
New 4" thick Sidewalk
578
SY
$34.00
$ 19,652.00
3
New 6' thick Sidewalk (across unpaved drives)
36
SY
$35.00
$ 1,260.00
4
Unclassified Borrow
56
CY
$35.00
$ 1,960.00
5
Replacement Sod
192
SY
$5.00
$ 960.00
6
Adjust Water Valves
1
EA
$550.00
$ 550.00
7
_
15" Culverts and Headwalls for sidewalk
2
EA
$2,500.00
$ �5,000.00
8
Striping and Signage _.__.._.
1
LS
$7,750.00
$ 7,750.00
Total
Base Bide
$ 38,632.00
ALTN. Description (For Bidding Purposes Only) Quantity Unit Unit Price Total
1 6° Stem Wall per standard detail 30 LF $20.00 $ 600.00
Retaining Wall per standard detail 30 LF $20.00 $ 600.00
Total Alternate Cost: $ 1,200.00
TOTAL COST ' $ 39,832a00
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: BRADD CLARK, JULIE LOMBARDt A STAGG, ERIC
WILES, DAN YANCEY
SUBJECT: GATED COMMUNITIE S
DATE- January 23, 2006
BACKGROUND:
The staff has been requested to perform research into the issue of gated communities and to
present a recommendation based upon the findings of that research. Currently, there are more
than 50,000 gated communities in the U.S. with more being built every year. About 6% of the
country's population lives inside gated communities, totaling seven million households (Census
Bureau, 2001).
Currently within the Owasso city limits two developments exist that are considered to be
gated communities, one being southern portion of Southern Links Addition and the
second being Watercolours located in the Coffee Creek Addition. Both of these
developments allow access to the general public during the daytime hours.
The staff has drafted an ordinance that would allow the installation of entrance gates into
residential subdivisions on private streets only. It should be noted that gates would not be
permitted on streets that would otherwise connect to adjacent subdivisions or on collector
roads that would connect one arterial with another.
This memorandum is a summation of the findings of the directors of Community Development,
Fire, Police, Public Works, and the City Attorney. The report is organized into different points
of focus that were examined by the respective staff members. The first point of focus, from the
Public Works Director, outlines the direct effects of gated residential entrances on our ability to
provide water, sewer and refuse collection and infrastructure maintenance service. Second, the
Fire Chief examines necessary design criteria for gates that would ensure a rapid and safe
response to provide the earliest possible arrival and intervention of public safety personnel to an
emergency. Next, the Police Chief focuses on the pros and cons of gated communities from
the perspective of law enforcement. The City Attorney reports on her findings related to the
legality of gated neighborhoods; especially as to whether they can be located on public streets.
Finally, the Community Development Director provides general findings on gated communities
— from benefits and drawbacks for both the homebuyer and the city to general statistics about
gated communities and a summary of research.
Water and Sewer -
Whether gated or not, the city is obligated to provide water and sewer service to
customers located within the service area. The presence of a gate, which is kept open
during business hours, would have little or no impact on our ability to provide regular
services. Furthermore, because suspension of set -vice would not result on an immediate
loss of life, the City may opt to delay response to after-hours calls when gates prohibit
entrance to the residential area. Thus, staff anticipates little or no effect of the gate on the
City's ability to provide quality water and/or sewer service.
Similarly, whether the streets remain public or become private has no bearing on water
and sewer infrastructure which — regulated by Oklahoma Department of Environmental
Quality — must remain public.
Refuse Collection --
The presence of a "properly -sized" gate — which remains open during business hours —
would have no impact on our ability to provide service. A potentially problematic effect
of gates would be its width, which if improperly sized could restrict entrance of refuse
vehicles to the subdivision. This can be easily overcome by specifying minimum
clearances at residential entrances in the City's design criteria. Finally, whether the streets
are private or public would have no impact on our ability to provide quality refuse
collection service.
Streets and Drainage —
Again, the presence of a gate itself has minimal impact or no impact on our ability to
provide maintenance to the City's streets and stormwater infrastructure. Of significant
importance to this discussion, however, is whether the streets are private or public. In
past, when streets are private, City staff has had no involvement in the design,
construction and/or maintenance of the infrastructure.
It is worth noting that although an advantage of private streets should be the release from
maintenance obligations related to the infrastructure, recent history has proven different.
In the 1970's, the Three Lakes Village streets were constructed as private infrastructure,
exempt fi-om City requirements. Unfortunately, not only was the street too narrow to
allow for safe traffic, but also its foundation was too shallow to withstand normal
residential traffic. Resultantly, the City — after numerous petitions by the area residents —
has agreed to accept the streets after the effect and invest nearly $250,000 in their
reconstruction. To prevent the reoccurrence of this problem, it would be advantageous to
require that private street infrastructure servicing a residential neighborhood meet
minimum City standards.
Gates may result in a reduction of traffic volumes on the gated passageway because it
eliminates through traffic. Resultantly, traffic volumes on alternate through routes should
be expected to increase. If the gated passageway is private, the increased traffic volumes
on alternate public routes would result in higher maintenance costs for the City.
Conversely, maintenance savings resulting from a decrease in through traffic in gated
communities would be enjoyed by the resident owners.
Finally, gated throughways would render the passage worthless to all but those able to
operate the gate — when the gate is closed. In other words, only those that can open the
gate are provided with unrestricted access to the passageway. Thus, the excessive use of
gates could result in disruption of contiguous residential street networks, rendering the
system useless and overloading arterial streets.
112
The idea of installing entry/access-controlling gates is not new, but remains in conflict with
the primal goal of the emergency responders from both the police and fire departments: a
rapid and safe response to provide the earliest possible arrival and intervention.
In the interest of a rapid response, state laws, city ordinances and departmental operating
procedures address the safe and rapid response to emergencies throughout our response
area. f1istorical and scientific data demonstrate the many benefits of arriving as quickly
and safely as possible, whether the emergency involves fire, violence, or medical or
traumatic incidents. Considering a cardiac arrest victim, a fire originating in an occupied
structure or an event involving violence, any delay to a rapid and safe response can, and
most often does, afflect the successful outcome of the emergency.
The Owasso Fire Department does recognize, however, the customer -centered obligation
to adapt our emergency response goals to homeowner desires for entry/access-controlled
gates. Realizing this, our strongest recommendation is to create and implement design
criteria for the initiation of a gated community.
Criteria for Placement of Gates —
In an effort to minimize the barrier/delayed® time effect, many gated communities have
installed gates that are sensitive to audible sirens, strobe light sequences, or standardized
keys utilized throughout the City by the emergency responders. Although each
methodology bears some merit, there is no one best way to breach a closed gate and
continue a rapid response consistent with a non -gated street.
The development of an ordinance addressing the design criteria should contain language
addressing the following:
1® The requirement that all plats submitted with gated access require the approval of
the Planning Commission and the City Council. Prior to the issuance of any
building permits, the City Engineer, the Fire Marshal, and the Building Official
shall approve a detailed Site Plan for gated access areas.
2. The requirement that any gate shall be located a sufficient distance from a public
street to allow three (3) cars to line up at the gate to clear completely the right-of-
way of the abutting public street without interfering with vehicles utilizing the
public street. The minimum acceptable distance from the gate to the public street
right-of-way shall be no less than sixty -feet (60'). A turn around lane is required
for vehicles unable to enter the gated development.
® The prohibition of road spikes, barbs, or other tire damaging devices and spikes
installed on gates.
4. The requirement for compliance of all engineering requirements adopted as City
standards for streets, sidewalks, fire lanes, fire hydrants in controlled -access
developments.
5® The requirement for the formation of a Homeowners' Association, or similar
entity, and for the names, addresses and emergency contact numbers of the
Association be provided to the Fire Department. The Homeowners' Association
shall be responsible for the following:
(a) Maintenance and repairs of all streets and/or fire lanes (if remaining
private).
(b) Maintenance testing and repairs of all functions of the gate.
(c) Accompanying Fire Department officers during annual inspection a
testing of the gate opening systems. I
(d) Maintaining a service agreement with a qualified contractor to insure year-
round maintenance.
6® The requirement that the minimum gate opening width, including clearance for all
improvements related to the gate, be not less than twenty (20) feet wide per lane if
there is to be ingress and an egress gates.
7. The requirement for the installation of an emergency release or hitch pins on the
control arm. This hitch pin, when removed, will detach the control arm from the
gate and allow the gate to swing open freely with manual intervention.
8. The requirement for a battery back-up system for each gate. These batteries will
be trickle charged to maintain electrical energy, and in the event of loss of normal
electrical current, cause the gate to open until reset by the Homeowners'
Association.
9. The requirement for the gate to be equipped with a rapid entry key lock bo
located at or near the main entrance to the property. The Fire Marshal sh
I
approve the specific type of lock box and mounting location. (Altei-native: sotri
technological equivalent including light or noise activated opening).
10. The requirement for the location of all rapid entry key lock boxes, hitch pins,
related equipment, operation of gate, signage, opening design, swinging or sliding
operation of the gate or any other design specification be constructed and installed
in accordance with the approved plans.
11. The requirement for the minimum paving width for all lanes entering and exiting
the development at the gated entry is at least twenty (20) feet in width. All streets
within the development shall otherwise meet the requirements of the
Comprehensive Plan, Subdivision Regulations, and the design standards of the
City. Should parking along the street be requested by the developer, appropriate
signage shall be provided and the minimum width of the roadway shall be twenty-
six (26) feet.
12. The requirement that when any problems occur in the operation of the gate or any
violation of any section of this ordinance, the gate remain open and accessible until
the problem is resolved and/or the gate is service tested.
13. The requirement that proposed covered entry structures meet the minimum height
of no less than thirteen (13) feet. The width shall be no less than twenty (20) feet.
14. The requirement that any developer, Homeowners' Association, or other
responsible property owners proposing any gated community provide the City of
Owasso access assurance prior to installation of any approved gate. The access
shall be provided by an casement to be dedicated to the City in the deed of
dedication of the plat for utilities and essential City services in the streets and
common areas as designated on the subdivision plat.
15. The requirement that the developer, Homeowners' Association, or other
responsible property owners provide for annual inspection of each gate to insure
each gate is tested to meet all of the construction requirements prior to it being
approved for operation or continued operation at any point the gate fails to meet
the standards. The requirement that verification of the access agreement and a
copy of the latest inspection form on file with the City Clerk and the Fire Marshal
including the contractor's name, address, and 24-hour-a-day telephone number(s).
The developer, homeowner's representative, or responsible property owner's
name, address, and telephone number shall be a minimum requirement for approval
of the annual inspection of the gate.
16. A requirement for a registration fee consistent with the latest City Council
approved fee schedule paid to the City for plan review and inspection fees of all
proposed gated communities.
Additional considerations may be included in the design criteria or ordinance for the
approval of gated communities. Among these considerations are:
® strobe fight -triggered opener systems
* required residential fire sprinkler systems in the houses within the gated community
® required cardiac defibrillators accessible in central or duplicate locations within the
gated community
* required intrusion alarms in the houses within the gated community
® required looped residential telephone lines to the gate so that when dialing 911
from a house within the gated community, the gate automatically opens
* requirements for gates installed at apartment complexes or commercial facilities.
Other considerations may arise with more discussion and research ensuring the safety and
security of the citizens behind the gate, while aff-ording the emergency responders a time -
sensitive response into the controlled area.
Pros and cons exist for the residents of developments and services with respect to gated
communities.
Pros -
The staff has identified at least five (5) areas that may provide benefit to law enforcement
with regards to gated communities;
® Higher sense of security -often residents in gated communities feel a higher sense
of security with the enclosure of walls and fencing. The level of security also
depends on several factors to include; manned gates, patrolling security and type of
access.
* Private gated communities help defer services to other areas -meaning
resources normally expended on patrolling streets, providing maintenance can be
directed elsewhere.
* Private and Public gated communities possibly provide a greater economic
benefit(as a selling point) to the city which may translate into more tax
dollars -whether private or public gated communities exist in the community both
offer, in most cases, better property values as opposed to those property that are
no enclosed and provides incentives to those who generally have more disposable
income.
® Higher probability in the apprehension of criminal activity from outsiders —
in most cases persons that do not reside within the private gated community are
easily identified as being foreign to the area.
® Appreciation of property values- In most cases the value of the property
contained within these communities appreciate more in value as compared to
homes outside however this may greatly depend on whether the infrastructure is
maintained privately or using tax payer's dollars.
Cons -
The staff has also identified at least five (5) areas that may be disadvantages to law
enforcement with regards to gated communities;
® Emergency access to gated communities -several methods are used to access
gates leading into gated communities to include; key entry, keyless touch pad,
manned security, siren activation, radio frequency activation and lighting activation
and as in most cases they may prove to be dependable but not fail safe. Key entry
in most cases is dependable however logistically it is very difficult for emergency
services to maintain the key system, especially when multiple communities exist
within the jurisdiction as well as it can be time consuming when trying to gain
access. Keyless touch pads are somewhat difficult for police to manage and are
extremely volatile to anyone having the entry code. Manned gates are, in most
cases, more reliable but in many cases cost prohibited. Siren activation, siren
activation and radio frequency are all acceptable to being duplicated, warning
suspects to your arrival and are all acceptable to failure.
* Private vs® Public property- depending upon the classification of the property in
question dictates how the police respond. One example would be if the streets
remain public then police have no ability to remove a person that would normally
be considered a trespasser on private property. The opposite of that would be if
the streets were private very little traffic enforcement could result, exceptions do
apply. Many other examples can be cited.
* Segregation -Although not conclusive, research suggest that gated communities
strengthen the idea of segregation in a community therefore posing a risk to strong
cohesive relationship between the rich and poor in essences creating social divide
in the community.
* Crime perception vs® reality -perception is that crime is lower in gated
communities when in reality statistics show little difference partially in that most
people that can afford to five within gated communities can reside in
neighborhoods that have very little crime anyway.
* Crime in most cases is close to home- statistics show that most property and
person crimes are perpetrator by persons that either live close to victim or know
the victim.
The staff has been requested to research the legal issues surrounding implementation of an
ordinance authorizing gated sub -divisions within the Owasso community. While
numerous benefits and drawbacks may be presented by both those advocating and
opposing gated communities, the focus of this memo addresses potential legal issues and
liabilities the City might incur if an ordinance regulating gated communities, either on
private or public roads, were to be adopted by the City Council.
It should be noted at the outset that staff has been unable to locate a municipality within
Oklahoma, or any other state, that has authorized and allowed gated communities on
public roadways. Conversely, numerous cities have adopted ordinances regulating all
aspects of design, operation and function for gates placed on private roads. As a result, it
is well settled at this juncture that municipalities are soundly within their discretion to
allow placement of gates within sub -divisions wherein the roads are wholly owned by the
sub -division's homeowners. In stark contrast, however, there is a complete void of legal
authority establishing precedent for a municipality's ability to allow placement of gates on
public roadways.
Litigation Potential -
An informal poll of city attorneys from several municipalities revealed a unanimous belief
that tolerance or blessing of private gates on public streets by a municipality would
imminently result in litigation. As noted above, research of both federal and state
appellate decisions revealed no authority whatsoever which is supportive of a city's right
to allow gates on public roadways. However, it should be noted that while staff strongly
anticipated finding settled authority prohibiting the same, such was not the case. Although
the courts have spoken to ancillary and related issues on various occasions [lack of right
to privatize surrounding streets, flicks v. CommonwealthofViryinia_, VA . Ct. App.
g
(2004); lack of right to restrict a "traditional public forum" United States v. Kokinda, 110
&Ct. 3115, (1990)], the precise and definitive issue of a city's right to authorize gating of
public streets has not been addressed. In Kokinda ' the United States Supreme Court made
clear that the public's use of public properties which are considered traditional public
forums, such as streets or sidewalks that are being used for lawful purposes, will be
allowed significant constitutional protection, and statutory attempts to encroach upon the
public's use are subject to intense judicial scrutiny.
Absent an absolute on -point ruling fi-om the judiciary, staff has attempted to make
application of the traditional legal analyses utilized by the courts in similar types of cases.
The initial consideration requires a preliminary determination regarding the type, nature
and extent of liability potentially incurred by the City if an ordinance authorizing public
road gating were adopted. One possibility would be a private right of action asserted by a
taxpayer for misuse of public funds, i.e. an allegation that taxpayer dollars have been
utilized solely to benefit private parties rather than to benefit the public as a whole. While
a lawsuit of this nature might resolve successfully in favor of the plaintiff, it should be
noted that the plaintiff would be unable to assert any actual, real or provable damages
against the City. Judicial remedy would likely be restricted to injunctive relief against the
City compelling removal of the gates. Recourse for the City, in the face of such an
adverse verdict, could be as simple as requiring the homeowner's association to assume
ownership of the roads within the gated area.
An additional possibility, which would subject the City to greater liability than a taxpayer
right of action, is the potential for a plaintiff to file an action claiming impairment of his or
her constitutional rights under the 14thAmendment of the United States Constitution.
Specifically, it is likely that a plaintiff would allege abrogation of his or her liberty interest
rights. In this instance, potential remedies are more significant. The initial prong of a
court's analysis would seek to determine whether or not a federal liberty interest has been
abridged by allowing placement of private gates on public roadways which restrict public
access. If such an interest is found to exist, the judicial standard of review would be strict
scrutiny. This is the highest form of judicial review and is only invoked by the courts
when a fundamental liberty interest, or some form of generally prohibited discrimination, is
at issue. Essentially, the City would be required to prove that allowing gates on public
roadways is the sole means by which it can accomplish an important and necessary
governmental objective. More often than not, ordinances are stricken as unconstitutional
under this standard of review.
Assuming that a fundamental liberty interest is not found to exist, a court would employ
the rational basis standard of review. Therein, an ordinance must permissibly and
reasonably set forth a means to accomplish an important governmental goal, and must not
be arbitrary or capricious. The tried and true judicial test of scrutiny employed by the
courts in making these determinations is the rational basis test: Does the ordinance serve
some permissible, rational and logical need of the municipality? If the City could
sufficiently establish the necessity of private gates on public roadways under this analysis,
defense of the ordinance might be successful. This presupposes, however, that the
plaintiff is unable to mount a successful challenge on grounds of equal protection. The
standard employed by a court reviewing an ordinance alleged to violate the Equal
Protection Clause of the Constitution is strict scrutiny, as discussed above. In this
instance, a plaintiff would allege disparate treatment among the citizenry of Owasso based
on residence, and, by implication, wealth. Although wealth has not been recognized as a
protected class for put -poses of equal protection, under strict scrutiny review an equal
protection challenge has some chance of success in the courts. Traditionally, the courts
have been protective of differing treatment by governmental entities which is based either
in fact or implication on the social status or wealth of individuals.
Conclusion -
There are no significant legal issues created by the City's decision to allow placement of
gates on private roadways. Presumably, any delay in response time by emergency
personnel due to malfunction of the gates falls within the doctrine of assumption of the
risk. However, an ordinance permitting private sub -division gates on public roadways is
highly likely to result in litigation if challenged by a citizen. The City would have no legal
precedent upon which to base its defense and would be compelled to successfully establish
that a fundamental liberty interest is not present and that the ordinance is not violative of
the Equal Protection Clause. Litigation of this type is likely to be protracted and
expensive, and the outcome is uncertain at best. Therefore, staff recommends that any
ordinance passed by the City Council allowing the placement of private gates specifically
restrict installation of gates to private roadways, or, alternatively, at least refrain from
expressly allowing placement of gates on public roadways. Additionally, implementation
of additional specific guidelines mandating design and operation standards for the benefit
of public service vehicles is recommended.
Gated communities have broadly been classified into three groups (Blakely and Snyder, 1997).
The first group includes retirement communities, golf communities, and country club leisure
developments where the gates provide security and separation for the leisure activities within.
Entire municipalities are being developed in places like Southern California, Arizona, and
Texas that fit within this first category.
The second type of gated community includes neighborhoods that are valued as markers of
distinction and status, though the neighborhoods lack the amenities of the first group. Like the
first group, these neighborhoods are developer -built, and primarily suburban. The residents of
these gated communities range from the rich and famous to the working class. It appears that
most gated communities that are developed in Owasso would fall into this group.
The third category of gated community includes neighborhoods where trouble with crime or
traffic and fear of outsiders are the most common motivation for gates. In most examples of
these neighborhoods, residents, not developers, install gates and fences to their previously open
neighborhoods.
Benefits for the homebuyer -
There, exist different reasons for households to find gated communities desirable. A gated
development's reputation is often attractive for households seeking status. Privacy and quiet
isolation may be preferred. Traffic is not as heavy in a gated community as it would be in a
non -gated counterpart. The perception of crime is lower when a neighborhood has a security
gate; indeed, a poll conducted by the Community Associations Institute reported that 70% of
gated community residents believed their community was safer than surrounding areas (Harris
and Evans, 1999). Properties inside gated developments can offer solid investments — a 2001
study on property values indicated that the expected sales price for a 2,500 square feet home
was 7.6% higher inside a gated neighborhood than a non -gated neighborhood with a
homeowners' association, and 25.9% higher than a non -gated neighborhood without a
homeowners' association (LaCouf-Little and Malpezzi, 2001).
Benefits for the City -
The most compelling benefit for a municipality to allow gated communities is that a 1996
survey conducted by the National Association of Home Builders revealed that 47% of
homebuyers prefer a gated entrance (Harris and Evans, 1999). A city that allows
neighborhoods to have gated entrances may realize a significantly larger pool of prospective
homebuyers than a city that does not.
Drawbacks for the homebuyer -
Some Owasso residents have indicated a reluctance to support a security gate because of the
noise it would generate while in operation. Another drawback is the increased cost of
homeowners' association dues as a result of gate maintenance. Additionally, deliveries and
guests would be inconvenienced when visiting households within a gated community. Postal
service and other services would be at the discretion of the service providers, unless the gates
were open at the time the services are delivered.
Drawbacks for the City —
According to conversations with planning and development departments elsewhere, many cities
have policies that gated communities do not receive police patrols, resulting in an increased
number of speeding motorists and a subsequent increase in the risk of traffic accidents. Those
conversations also reported a delayed emergency response time for fire fighting personnel
because of the time necessary to open a gate.
Additionally, a pattern of gated communities could present a drawback for the City if collector
streets, roads that connect arterials, became gated. With gates across collectors, traffic
pressure would increase on the arterial system and detours, such as the current traffic route
through Ator Heights while North Garnett is being widened, might be less feasible.
Summary of general research -
The findings of the staffs research indicate that gated communities can be a very divisive issue.
Many planners regard gates as part of a troubling trend to limit access to residential and other
areas, "representing a retreat from the public realm... a dramatic manifestation of the fortress
mentality growing in America," (Blakely and Snyder, 1997). The development patterns
established by gated neighborhoods are perceived as deleterious to the social fabric by the
entertainment industry, the media, social workers, and have even been the subject of science
fiction novels (Le Goix, 2003). An activist organization calling itself Heavy Trash has even
been formed that places viewing platforms near the entrances to gated communities in Los
Angeles so that passersby can look into the gated communities.
However, the facts that 47% of homebuyers prefer a gated entrance and that gates enhance
property values cannot be overlooked. The primary appeal of gated communities is their
promise of improved security (McGoey, 2005). Most gated neighborhoods share three general
points: 1) A homeowners' association. Existing associations require compliance with
covenants and deed restrictions before homeowners finalize their paperwork. If the covenants
are not already established, unanimous agreement is required. 2) A near consensus among the
residents that gating is desirable. 3) Usually, the neighborhood is bordered by a natural or
man-made boundary so that gating a few key access points will provide adequate security.
Most homeowners like to feel a part of a community. They expend some effort to create or
seek out enclaves of compatible neighbors and amenable surroundings. Viewed as part of this
effort, gated communities can be seen as attempts to recreate the idealized small American
town where everyone knows and cares about each other.
The following findings from the staff share one basic characteristic — that provisions should be
developed allowing for gated neighborhoods. Taken together, the recommendations call for
gates to be allowed only on private, non -collector streets and under the guidelines of specific
criteria to be adopted by the City.
From Public Works: Gated entrances have no significant impact on our ability to
provide water, sewer, refuse collection and street/drainage maintenance services.
If used excessively, they could result in the dismembering of the City's residential
street network, overloading alternate routes. On the other hand, when used
appropriately, gates can provide an attractive amenity to our residents.
2. From Fire Department: The staff recommends that strict criteria be adopted for the
installation of gates into developments.
From Police Department: It is the recommendation of the staff that strict guidelines be
developed regarding emergency services access and that the streets and sidewalks be
privatized.
4. From City Attorney: The staff recommends that any ordinance passed by the City
Council allowing the placement of private gates specifically restrict installation of gates
to private roadways, or, alternatively, at least refrain from expressly allowing placement
of gates on public roadways. Additionally, implementation of additional specific
guidelines mandating design and operation standards for the benefit of public service
vehicles is recommended.
From Community Development: The staff recomt-nends that the City of Owasso create
provisions that allow for the development of gated neighborhoods. Further, the staff
recommends that gated neighborhoods only be allowed on streets that do not provide
connections between arterials.
On January 17, 2006 the City Council conducted a public heating to solicit citizen input about
gated communities. One citizen spoke to the council during this hearing, and that citizen
expressed a concern that neighborhoods behind gates become a target for criminal activity such
as vandalism.
Attached is proposed Ordinance #837 that would allow gates in Owasso subdivisions. The
ordinance was developed by the stafl. using the above findings as its basis. Ordinance #837
would allow gates only on private streets and would not allow gates on collector roads.
ATTACEUWNTS:
1.
Proposed ordinance
2.
Memorandum from Ana Stagg
3.
Memorandum from Bradd Clark
4.
Memorandum from Dan Yancey
5.
Memorandum from Julie Lombardi
6.
Memorandum from Eric Wiles
BLAKELY, E. J. & SNYDER, M. G. (1997). Fortress America, Gated Communities in tim
United States. Washington D.C., Cambridge, M.4.: Brookings Institution Press & Linco
Institute of Land Policy. i
HARRIS, J. C. & EVANS, J. S. (1999). Suburban Fortresses. Tierra Grande, the Real
Estate Center Journal, 1323 (July 1999), 50-52.
L,aCO-L,ITTL.E, M. & NIALPEZZI, S. (2001). Gated Communities and Property Values.
A paper presented to the American Deal Estate and Urban Economics Association.
LE GOIX, R. (2003). The Suburban Paradise or the .Parceling- of Cities? Los Angeles, CA,
UCLA International Institute.
McGOEY, C. (2005). Gated Communities. Los Angeles, CA., Aegis Books, Inc;.
E IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT -
SECTION ONE (1)a Part Twelve, Plamiing, Zoning and Development, Chapter 2, Zoning
Regulations, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by
providing and codifying as follows:
SECTION ONE (1)
No public street shall be obstructed. Gated access will only be considered and
allowed for private streets in approved Planned Unit Developments, apartment
projects, or other subdivision plats approved by the City Council. Only local streets
that would not otherwise provide access to other neighborhoods will be considered
eligible for gates. No collector roads that would connect one arterial to another
arterial will be considered eligible for gates. All plats submitted with private streets
and gated access shall require the approval of the Planning Commission and the City
Council. The City of Owasso, prior to the issuance of any building permits, shall
approve streets and grading plans for the subdivision, and those plans shall show the
locations and details of all gates.
SECTION TWO (2)
Any gate shall be located a sufficient distance from a public street to allow two (2)
cars to line up at the gate so as to completely clear the right-of-way of the abutting
public street without interfering with vehicles utilizing the public street; the
minimum acceptable distance from the gate to the public street right-of-way shall be
no less than forty (40) feet. A turn around lane shall be provided for vehicles unable
to enter the gated development.
SECTION THREE (3)
Road spikes, barbs, or other tire damaging devices are prohibited. Spikes installed on
gates shall also be prohibited.
SECTION FOUR (4)
Use of controlled access does not negate other City of Owasso ordinances.
SECTION FIVE (5)
A Homeowners' Association or a similar entity shall be established and the name,
addresses and emergency contact numbers provided to the Fire Department. The
Homeowners' Association shall be responsible for the following:
(a) Maintenance and repairs of the private streets and/or fire lanes, and to provide
the funds for such.
(b) Maintenance testing and repairs of all functions of the gate.
(c) Accompanying the Fire Department officers during annual inspection and
testing of the opening systems.
(d) Maintaining a service agreement with a qualified contractor to insure year
round maintenance.
SECTION SIX (6)
The minimum gate opening width, including clearance for all improvements related
to the gate, shall not be less than fourteen (14) feet per lane if there is to be ingress
and an egress gates.
SECTION SEVEN (7)
A battery back-up system shall be provided for each gate. These batteries will be
trickle charged to maintain electrical energy, and in the event of loss of normal
electrical current, cause the gate to open until reset by the Homeowners' Association.
An emergency release or hitch pin shall be installed on the control arm.
SECTION EIGHT (8)
This hitch pin, when removed, will detach the control arm from the gate and allow
the gate to swing open freely with manual intervention.
An emergency release shall be installed on the gate. This emergency release, when
removed, will detach the gate from the opening device and allow the gate to swing or
slide open freely with manual intervention.
►A
SECTION NINE (9)
The gate shall be equipped with a "Click2Enter, Inc. public safety access system,
which utilizes the existing emergency service radios for rapid entry.
SECTION TEN (10)
All streets within the development shall otherwise meet the requirements of the
Comprehensive Plan, Subdivision Regulations, and the design standards of the City
of Owasso.
SECTION ELEVEN (11)
Should any problem occur in the operation of the gate or any violation of any section
of this ordinance, the gate shall remain open and accessible until the problem is
resolved and/or the gate is repaired and tested.
SECTION TWLEVE (12)
When a covered entry structure is requested, the minimum height shall be no less
than sixteen (16) feet. The width shall be no less than twenty (20) feet.
SECTION THIRTEEN (13)
In order to ensure unrestricted access for service providers such as school busses and
postal carriers, gates shall remain open between 7:00 AM and 7:00 PM.
SECTION FOURTEEN (14)
Any developer, Homeowners' Association, or other responsible property owners
proposing any gated community must provide the City of Owasso (including Fire,
Police, Public Works, and Community Development) access assurance prior to
installation of any approved gate. The access shall be provided by an easement to be
dedicated to the City of Owasso in the deed of dedication of the plat for utilities and
essential City services in the streets and common areas as designated on the
subdivision plat.
SECTION FIFTEEN (15)
The developer, Homeowners' Association, or other responsible property owners shall
provide for annual inspection of each gate to insure that each gate is tested to meet all
of the construction requirements prior to it being approved for operation or continued
operation at any point the gate fails to meet the standards. The verification of the
access agreement and a copy of the latest inspection form will be kept on file with the
City of Owasso City Clerk including the contractor's name, address, and 24-hour-a-
day telephone number(s). The developer, homeowner's representative, or responsible
property owner's name, address, and telephone number shall be a minimum
requirement for approval of the annual inspection of the gate.
INS
3
All ordinances, or parts of ordinances, in conflict with this ordinance arc repealed to
the extent of the conflict only.
SECTION SEVENTEEN (17)a Severability
If any part or parts of this ordinance are held invalid or ineffective, the remaining
portion shall not be affected but remain in full force and effect.
SECTION EIGHTEEN (18). Declaring an Effective Date
The provisions of this ordinance shall become effective thirty (30) days from the date
of final passage as provided by state law.
SECTION NINETEEN (19)o Codification
The City of Owasso Code of Ordinances is hereby amended by adding a new
ordinance to be codified in Part 12, Chapter 2, as section 2-203.
PASSED by the City Council of the City of Owasso, Oklahoma on the 71h day of February, 2006,
Craig Thoendel, Mayor
�=
Sherry Bishop, City Clerk
APPROVED as to form and legality this day of , 2006
Julie Lombardi
City Attorney
4
kvfil
TO: ERIC WlILES
COMMUNITY DEVELOPMENT DIRE' CTOR
FROM. ANA C. STAGG, P.E.
PUBLIC WORKS DILRECTOR
SUBJE CT. ]IMPACT OF GATED COMMUNITIES ON
PUBLIC WORKS DEPARTMENT SERVICES
DATE: October 27, 2005
BACKGROUND:
The following presents a summary discussion of gated communities and their impact on our
ability to provide service. This memorandum is not intended to argue whether gated
communities provide social benefits but rather to outline the direct effects of gated residential
entrances on our ability to provide water, sewer and refuse collection and infrastructure
maintenance services.
Similarly, per your memorandum dated October 17, 2005, research conducted by your staff
revealed that our surrounding communities allow for the installation of gated entrances to
residential development only where streets are private. This memorandum is not intended to
discuss the legality of gates on public streets but rather the impact such requirement would have
on our ability and obligation to provide service.
WATER AND SEWER SERVICE:
Whether gated or not, the city is obligated to provide water and sewer service to customers
located within the service area. The presence of a gate, which is kept open during business
hours, would have little or no impact on our ability to provide regular services. Furthermore,
because suspension of service would not result on an immediate loss of life, the City may opt to
delay response to after-hours calls when gates prohibit entrance to the residential area. Thus,
staff anticipates little or no effect of the gate on the City's ability to provide quality water and/or
sewer service.
Similarly, whether the streets remain public or become private has no bearing on water and
sewer infrastructure which — regulated by Oklahoma Department of Environmental Quality —
must remain public.
REFUSE COLLECTION:
The presence of a "properly -sized" gate — which remains open during business hours — would
have no impact on our ability to provide service. A potentially problematic effect of gates would
be its width, which if improperly sized could restrict entrance of refuse vehicles to the
subdivision. This can be easily overcome by specifying minimum clearances at residential
Impact of Gated Communities on
Public Works Department Services
Page 2 of 2
entrances in the City's design criteria. Finally, whether the streets are private or public would
have no impact on our ability to provide quality refuse collection service,
S'rREETS AND DRAINAGE:
Again, the presence of a gate itself has minimal impact or no impact on our ability to provide
maintenance to the City's streets and stormwater infrastructure. Of significant importance to this
discussion, however, is whether the streets are private or public. In past, when streets are
private, City staff has had no involvement in the design, construction and/or maintenance of the
infrastructure.
It is worth noting that although an advantage of private streets should be the release from
maintenance obligations related to the infrastructure, recent history has proven different. In the
1990's, the Three Lakes Village streets were constructed as private infrastructure, exempt from
City requirements. Unfortunately, not only was the street too narrow to allow for safe traffic, but
also its foundation was too shallow to withstand normal residential traffic. Resultantly, the City
-- after numerous petitions by the area residents — has agreed to accept the streets after the effect
and invest nearly $250,000 in their reconstruction. To prevent the reoccurrence of this problem,
it would be advantageous to require that private street infrastructure servicing a residential
neighborhood meet minimum City standards.
Gates may result in a reduction of traffic volumes on the gated passageway because it eliminates
through traffic. Resultantly, traffic volumes on alternate through routes should be expected to
increase. If the gated passageway is private, the increased traffic volumes on alternate public
routes would result in higher maintenance costs for the City. Conversely, maintenance savings
resulting from a decrease in through traffic in gated communities would be enjoyed by the
resident owners.
Finally, gated throughways would render the passage worthless to all but those able to operate
the gate — when the gate is closed. In other words, only those that can open the gate are provided
with unrestricted access to the passageway. Thus, the excessive use of gates could result in
disruption of contiguous residential street networks, rendering the system useless and
overloading arterial streets.
RECOMMENDATION:
Gated entrances have no significant impact on our ability to provide water, sewer, refuse
collection and street/drainage maintenance services. If used excessively, they could result in the
dismembering of the City's residential street network overloading alternate routes. On the other
hand, when used appropriately, gates can provide an attractive amenity to our residents.
Further research is needed to determine the legal ramifications of gates on public roads. If legal,
it is recommended that such amenity — gates on public streets — be investigated as a competitive
advantage.
TO: RODNEY J. RAY
CITY MANAGER
FROM: BRADD K. CIARK
FIRE CHIEF
NIIVIQIIE�� �11 M
DATE: October 31, 2005
.,$ �W_ "T, �
City Staff has researched the issue of entry/access-controlled gating of housing additions,
and making recommendations addressing these gates within the City of Owasso. The
concept of gated communities is not new, as more and more citizens develop these
housing additions in the interest of affluence or perceived security and safety. This
response will narrowly address issues and concerns realized when approving requests for
entry/access-controlled gates, not where and why gates benefit homeowners.
EMERGENCY SERVICE PR ER CONCERNS:
The idea of installing entry/access-controlling gates is not new, but remains in conflict
with the primal goal of the emergency responders from both the police and fire
departments: a rapid and safe response to provide the earliest possible arrival and
intervention.
In the interest of a rapid response, state laws, city ordinances and departmental operating
procedures address the safe and rapid response to emergencies throughout our response
area. Historical and scientific data demonstrate the many benefits of arriving as quickly
and safely as possible, whether the emergency involves fire, violence, or medical or
traumatic incidents. Considering a cardiac arrest victim, a fire originating in an occupied
structure or an event involving violence, any delay to a rapid and safe response can, and
most often does, affect the successful outcome of the emergency.
The Owasso Fire Department does recognize, however, the customer -centered obligation
to adapt our emergency response goals to homeowner desires for entry/access-controlled
gates. Realizing this, our strongest recommendation is to create and implement design
criteria for the initiation of a gated community,
In an effort to minimize the barrier/delayed® time effect, many gated communities have
installed gates that are sensitive to audible sirens, strobe light sequences, or standardized
keys utilized throughout the City by the emergency responders. Although each
methodology bears some merit, there is no one best way to breach a closed gate and
continue a rapid response consistent with a non -gated street.
The development of an ordinance addressing the design criteria should contain language
addressing the following:
1. The requirement that all plats submitted with gated access require the approval of
the Planning Commission and the City Council. Prior to the issuance of any
building permits, the City Engineer, the Fire Marshal, and the Building Official
shall approve a detailed Site Plan for gated access areas.
2® The requirement that any gate shall be located a sufficient distance from a public
street to allow three (3) cars to line up at the gate to clear completely the right-of-
way of the abutting public street without interfering with vehicles utilizing the
public street. The minimum acceptable distance from the gate to the public street
right-of-way shall be no less than sixty -feet (60'). A turn around lane is required
for vehicles unable to enter the gated development.
® The prohibition of road spikes, barbs, or other tire damaging devices and spikes
installed on gates.
4. The requirement for compliance of all engineering requirements adopted as City
standards for streets, sidewalks, fire lanes, fire hydrants in controlled -access
developments.
5. The requirement for the formation of a Homeowners' Association, or similar
entity, and for the names, addresses and emergency contact numbers of the
Association be provided to the Fire Department, The Homeowners' Association
shall be responsible for the following:
(a) Maintenance and repairs of all streets and/or fire lanes (if remaining
private).
1 111111111 1 � , 1 11
(c) Accompanying Fire Department officers during annual inspection and
testing of the gate opening systems.
(d) Maintaining a service agreement with a qualified contractor to insure year-
round maintenance.
6. The requirement that the minimum gate opening width, including clearance for all
improvements related to the gate, be not less than twenty (20) feet wide per lane if
there is to be ingress and an egress gates.
7. The requirement for the installation of an emergency release or hitch pins on the
control arm. This hitch pin, when removed, will detach the control arm from the
gate and allow the gate to swing open freely with manual intervention,
8. The requirement for a battery back-up system for each gate. These batteries will
be trickle charged to maintain electrical energy, and in the event of loss of normal
electrical current., cause the gate to open until reset by the Homeowners'
Association.
9. The requirement for the gate to be equipped with a rapid entry key lock box,
located at or near the main entrance to the property. The Fire Marshal shall
approve the specific type of lock box and mounting location. (Alternative: some
technological equivalent including light or noise activated opening).
10. The requirement for the location of all rapid entry key lock boxes, hitch pins,
related equipment, operation of gate, signage, opening design, swinging or sliding
operation of the gate or any other design specification be constructed and installed
in accordance with the approved plans.
11. The requirement for the minimum paving width for all lanes entering and exiting
the development at the gated entry is at least twenty (20) feet in width. All streets
within the development shall otherwise meet the requirements of the
Comprehensive Plan, Subdivision Regulations, and the design standards of the
City. Should parking along the street be requested by the developer, appropriate
signage shall be provided and the minimum width of the roadway shall be twenty-
six (26) feet.
12. The requirement that when any problems occur in the operation of the gate or any
violation of any section of this ordinance, the gate remain open and accessible
until the problem is resolved and/or the gate is service tested.
13. The requirement that proposed covered entry structures meet the minimum height
of no less than thirteen (13) feet. The width shall be no less than twenty (20) feet.
14. The requirement that any developer, Homeowners' Association, or other
responsible property owners proposing any gated community provide the City of
Owasso access assurance prior to installation of any approved gate. The access
shall be provided by an easement to be dedicated to the City in the deed of
dedication of the plat for utilities and essential City services in the streets and
common areas as designated on the subdivision plat.
15. The requirement that the developer, homeowners' Association, or other
responsible property owners provide for annual inspection of each gate to insure
each gate is tested to meet all of the construction requirements prior- to it being
approved for operation or continued operation at any point the gate fails to meet
the standards. The requirement that verification of the access agreement and a
copy of the latest inspection form on file with the City Clerk and the Fire Marshal
including the contractor's name, address, and 24®hour®a®day telephone number(s).
The developer, homeowner's representative, or responsible property owner's
name, address, and telephone number shall be a minimum requirement for
approval of the annual inspection of the gate.
16. A requirement for a registration fee consistent with the latest City Council
approved fee schedule paid to the City for plan review and inspection fees of all
proposed gated communities.
Additional considerations may be included in the design criteria or ordinance for the
approval of gated communities. Among these considerations are:
strobe light -triggered opener systems
required residential fire sprinkler systems in the houses within the gated
community
required cardiac defibrillators accessible in central or duplicate locations within
the gated community
required intrusion alarms in the houses within the gated community
required looped residential telephone lines to the gate so that when dialing 911
from a house within the gated community, the gate automatically opens
requirements for gates installed at apartment complexes or commercial facilities.
Other considerations may arise with more discussion and research ensuring the safety and
security of the citizens behind the gate, while affording the emergency responders a time -
sensitive response into the controlled area.
TO: RODNEY RAY
FROM: DAN YANCEY
CHIEF OF POLICE
SUBJE CT: GATE D COMMUNITIE S
DATE- October 25, 2005
BACKGROUND:
Gated Communities are generally defined as residential areas with restricted access that
makes public spaces private. Access is controlled by physical barriers, walled or fences
perimeters, and gated or guarded entrances. Gated communities in most cases prevent
public access to roads, sidewalks, parks, playgrounds that would have normally been
accessible to the general public. Some of the first gated communities in mass markets
were offered in the 1960's and mainly revolved around retirement developments.
Currently within the Owasso city limits two developments exist that are considered to be
gated communities, one being southern portion of Southern Links Addition and second
being Watercolors located in the Coffee Creek Addition. Both of these developments
allow access to the general public during the daytime hours. Pros and cons exist for both
the residents of the developments and services with respect to gated communities.
This memo will focus on the pros and cons to gated communities but mainly the cons law
enforcement faced in servicing these types of communities.
PROS:
The staff has identified at least five (5) areas that may provide benefit to law enforcement
with regards to gated communities;
* Higher sense of security -often residents in gated communities feet a higher sense
of security with the enclosure of walls and fencing. The level of security also
depends on several factors to include; manned gates, patrolling security and type
of access.
® Private gated communities help defer services to other areas -meaning
resources normally expended on patrolling streets, providing maintenance can be
directed elsewhere.
® Private and Public gated communities possibly provide a greater economic
benefit(as a selling point) to the city which may translate into more tax
dollars -whether private or public gated communities exist in the community both
offer, in most cases, better property values as opposed to those property that are
no enclosed and provides incentives to those who generally have more disposable
income.
* Higher probability in the apprehension of criminal activity from outsiders —
in most cases persons that do not reside within the private gated community are
easily identified as being foreign to the area.
* Appreciation of property values- In most cases the value of the property
contained within these communities appreciate more in value as compared to
homes outside however this may greatly depend on whether the infrastructure is
maintained privately or using tax payer's dollars.
CONS:
Thestaffhas also identified at least five (5) areas that may be disadvantages to law
enforcement with regards to gated communities;
* Emergency access to gated communities -several methods are used to access
gates leading into gated communities to include; key entry, keyless touch pad,
manned security, siren activation, radio frequency activation and lighting
activation and as in most cases they may prove to be dependable but not fail safe.
Key entry in most cases is dependable however logistically it is very difficult for
emergency services to maintain the key system, especially when multiple
communities exist within the jurisdiction as well as it can be time consuming
when trying to gain access. Keyless touch pads are somewhat difficult for police
to manage and are extremely volatile to anyone having the entry code. Manned
gates are, in most cases, more reliable but in many cases cost prohibited. Siren
activation, siren activation and radio frequency are all acceptable to being
duplicated, warning suspects to your arrival and are all acceptable to failure,
® Private vs® Public property- depending upon the classification of the property in
question dictates how the police respond. One example would be if the streets
remain public then police have no ability to remove a person that would normally
be considered a trespasser on private property. The opposite of that would be if
the streets were private very little traffic enforcement could result, exceptions do
apply. Many other examples can be cited.
® Segregation -Although not conclusive, research suggest that gated communities
strengthen the idea of segregation in a community therefore posing a risk to
strong cohesive relationship between the rich and poor in essences creating social
divide in the community.
* Crime perception vs® reality -perception is that crime is lower in gated
communities when in reality statistics show little difference partially in that most
people that can afford to live within gated communities can reside in
neighborhoods that have very little crime anyway.
® Crime in most cases is close to home- statistics show that most property and
person crimes are perpetrator by persons that either live close to victim or know
the victim.
COMMENTS:
While conducting research on the issue of gated communities the staff found at least two
(2) court cases that may prevent governments from; one restricting access to public
streets and sidewalks, and two if developments are allowed to privatize streets and
sidewalks how a clear delineation from public to private will be made.
RECOMMENDATION:
It is the recommendation of the staff that strict guidelines be developed regarding
emergency services access and that the streets and sidewalks be privatized.
To: Rodney Ray
From: Julie Trout Lombardi
Date: 11/01/05
RE: Legal Issues Presented by Potential Enaction of an Ordinance Allowing Gated
Community Neighborhoods
The staff has been requested to research the legal issues surrounding implementation of
an ordinance authorizing gated sub -divisions within the Owasso community. While
numerous benefits and drawbacks may be presented by both those advocating and
opposing gated communities, the focus of this memo addresses potential legal issues and
liabilities the City might incur if an ordinance regulating gated communities, either on
private or public roads, were to be adopted by the City Council.
It should be noted at the outset that staff has been unable to locate a municipality within
Oklahoma, or any other state, that has statutorily authorized and allowed gated
communities on public roadways. Conversely, numerous cities have adopted ordinances
regulating all aspects of design, operation and function for gates placed on. private roads.
As a result, it is well settled at this juncture that municipalities are soundly within their
discretion to allow placement of gates within sub -divisions wherein the roads are wholly
owned by the sub -division's homeowners. In stark contrast, however, there is a complete
void of legal authority establishing precedent for a municipality's ability to allow
placement of gates on public roadways.
An informal poll of city attorneys from several municipalities revealed a unanimous
belief that tolerance or blessing of private gates on public streets by a municipality would
imminently result in litigation. As noted above, research of both federal and state
appellate decisions revealed no authority whatsoever which is supportive of a city's right
to allow gates on public roadways. However, it should be noted that while staff strongly
anticipated finding settled authority prohibiting the same, such was not the case.
Although the courts have spoken to ancillary and related issues on various occasions
[lack of right to privatize surrounding streets, Hicks v. Commonwealth of Virginia, VA.
Ct. App. (2004); lack of right to restrict a "traditional public forum" United States v.
Kokinda, 110 S.Ct. 3115, (1990)], the precise and definitive issue of a city's right to
authorize gating of public streets has not been addressed. In Kokinda, the United States
Supreme Court made clear that the public's use of public properties which are considered
traditional public forums, such as streets or sidewalks that are being used for lawful
purposes, will be allowed significant constitutional protection, and statutory attempts to
encroach upon the public's use are subject to intense judicial scrutiny.
Absent an absolute on -point ruling from the judiciary, staff has attempted to make
application of the traditional legal analyses utilized by the courts in similar types of cases.
The initial consideration requires a preliminary determination regarding the type, nature
and extent of liability potentially incurred by the City if an ordinance authorizing public
road gating were adopted. One possibility would be a private right of action asserted by a
taxpayer for misuse of public funds, i.e. an allegation that taxpayer dollars have been
utilized solely to benefit private pat -ties rather than to benefit the public as a whole.
While a lawsuit of this nature might resolve successfully in favor of the plaintiff, it
should be noted that the plaintiff would be unable to assert any actual, real or provable
damages against the City. Judicial remedy would likely be restricted to injunctive relief
against the City compelling removal of the gates. Recourse for the City, in the face of
such an adverse verdict, could be as simple as requiring the homeowner's association to
assume ownership of the roads within the gated area.
An additional possibility, which would subject the City to greater liability than a taxpayer
right of action, is the potential for a plaintiff to file an action claiming impairment of his
or her constitutional rights under the 14 th Amendment of the United States Constitution.
Specifically, it is likely that a plaintiff would allege abrogation of his or her liberty
interest rights. In this instance, potential remedies are more significant. The initial prong
of a court's analysis would seek to determine whether or not a federal liberty interest has
been abridged by allowing placement of private gates on public roadways which restrict
public access. If such an interest is found to exist, the judicial standard of review would
be strict scrutiny. This is the highest form of judicial review and is only invoked by the
courts when a fundamental liberty interest, or some form of generally prohibited
discrimination, is at issue. Essentially, the City would be required to prove that allowing
gates on public roadways is the sole means by which it can accomplish an important and
necessary governmental objective. More often than not, ordinances are stricken as
unconstitutional under this standard of review.
Assuming that a fundamental liberty interest is not found to exist, a court would employ
the rational basis standard of review. Therein, an ordinance must permissibly and
reasonably set forth a means to accomplish an important governmental goal, and must not
be arbitrary or capricious. The tried and true judicial test of scrutiny employed by the
courts in making these determinations is the rational basis test: Does the ordinance serve
some permissible, rational and logical need of the municipality? If the City could
sufficiently establish the necessity of private gates on public roadways under this
analysis, defense of the ordinance might be successful. This presupposes, however, that
the plaintiff is unable to mount a successful challenge on grounds of equal protection.
The standard employed by a court reviewing an ordinance alleged to violate the Equal
Protection Clause of the Constitution is strict scrutiny, as discussed above. In this
instance, a plaintiff would allege disparate treatment among the citizenry of Owasso
based on residence, and, by implication, wealth. Although wealth has not been
recognized as a protected class for purposes of equal protection, under strict scrutiny
review an equal protection challenge has some chance of success in the courts.
Traditionally, the courts have been protective of differing treatment by governmental
entities which is based either in fact or implication on the social status or wealth of
individuals.
There are no significant legal issues created by the City's decision to allow placement of
gates on private roadways. Presumably, any delay in response time by emergency
personnel due to malfunction of the gates falls within the doctrine of assumption of the
risk. However, an ordinance permitting private sub -division gates on public roadways is
highly likely to result in litigation if challenged by a citizen. The City would have no
legal precedent upon which to base its defense and would be compelled to successfully
establish that a fundamental liberty interest is not present and that the ordinance is not
violative of the Equal Protection Clause. litigation of this type is likely to be protracted
and expensive, and the outcome is uncertain at best. Therefore, staff recommends that
any ordinance passed by the City Council allowing the placement of private gates
specifically restrict installation of gates to private roadways, or, alternatively, at least
refrain from expressly allowing placement of gates on public roadways. Additionally,
implementation of additional specific guidelines mandating design and operation
standards for the benefit of public service vehicles is recommended.
TO: RODNEY J RAY
CITY MANAGER
FROM.- ERIC WMES
COMMUNITY DEVELOPMENT DHX CTOR
SUBJE CT. GATED COMMUNrrIES
DA'I'E: October 17, 2005
BACKGROUND:
The staff has been requested to perform research into the issue of gated communities and to present a
recommendation based upon the findings of that research. Currently, there are more than 50,000 gated
communities in the U.S. with more being built every year. About 6% of the country's population fives
inside gated communities, totaling seven million households (Census Bureau, 2001).
Gated communities have broadly been classified into three groups (Blakely and Snyder, 1997). The
first group includes retirement communities, golf communities, and country club leisure developments
where the gates provide security and separation for the leisure activities within. Entire municipalities
are being developed in places like Southern California, Arizona, and Texas that fit within this first
category.
The second type of gated community includes neighborhoods that are valued as markers of distinction
and status, though the neighborhoods lack the amenities of the first group. Like the first group, these
neighborhoods are developer -built, and primarily suburban. The residents of these gated communities
range from the rich and famous to the working class. It appears that most gated communities that are
developed in Owasso would fall into this group.
The third category of gated community includes neighborhoods where trouble with crime or traffic and
fear of outsiders are the most common motivation for gates. In most examples of these
neighborhoods, residents, not developers, install gates and fences to their previously open
neighborhoods.
For the hornebuyer -
There exist different reasons for households to find gated communities desirable. A gated
development's reputation is often attractive for households seeking status. Privacy and quiet isolation
may be preferred. Traffic is not as heavy in a gated community as it would be in a non -gated
counterpart. The perception of crime is lower when a neighborhood has a security gate; indeed, a poll
conducted by the Community Associations Institute reported that 70% of gated community residents
believed their community was safer than surrounding areas (Harris and Evans, 1999). Properties inside
gated developments can offer solid investments — a 2001 study on property values indicated that the
expected sales price for a 2,500 square feet home was 7.6% higher inside a gated neighborhood than a
non -gated neighborhood with a homeowners' association, and 25.9% higher than a non -gated
neighborhood without a homeowners' association (LaCour-Little and Malpezzi, 2001).
For the City -
The most compelling benefit for a municipality to allow gated communities is that a 1996 survey
conducted by the National Association of Home Builders revealed that 47% of homebuyers prefer a
gated entrance (Harris and Evans, 1999), A city that allows neighborhoods to have gated entrances
may realize a significantly larger pool of prospective homebuyers than a city that does not.
DRAWBACKS:
Drawbacks for the homebuyer -
Owasso residents in Fairways V have reported a reluctance to support a security gate because of the
noise it would generate while in operation. Another drawback is the increased cost of homeowners'
association dues as a result of gate maintenance. Additionally, deliveries and guests would be
inconvenienced when visiting households within a gated community. Postal service and other services
would be at the discretion of the service providers, unless the gates were open at the time the services
are delivered.
Drawbacks for the City —
According to conversations with planning and development departments elsewhere, many cities have
policies that gated communities do not receive police patrols, resulting in an increased number of
speeding motorists and a subsequent increase in the risk of traffic accidents. Those conversations also
TtfFve4 One,
open a.
Additionally, a pattern of gated communities could present a drawback for the City if collector streets,
roads that connect arterials, became gated. With gates across collectors, traffic pressure would
increase on the arterial system and detours, such as the current traffic route through Ator Heights while
North Garnett is being widened, might be less feasible.
Almost every piece of literature researched by the staff indicated that any gated street must be made
private prior to the installation of a gate. The staff has confirmed that Broken Arrow, Edmond, Jenks,
Oklahoma City, Sand Springs, Stillwater, and Tulsa require that gated neighborhoods have private
streets. A 1999 article in Homebuying magazine stated that the city of Arlington, TX allows
developments with public streets to be gated, but when the staff contacted the planning department of
Arlington the response was no, gates must be on private streets. Also, the staff has a copy of a court
case that cites a ruling from a federal case that says, "While a public entity can restrict the use of public
property or buildings to those who are using the property for its intended 'non-public' purpose, such as
an office building, it cannot restrict public property that is considered a 'traditional public forum,' such
as a street or sidewalk, that is being used in a lawful way and for a lawful purpose that is
constitutionally protected. See United States v. Kokinda, 497 U.S. 720, 727 (1990).
The staff has been unable to locate any statute or court case that allows gates on public streets
SUAMARY OF RE SEARCH. -
The findings of the sta.Ws research indicate that gated communities can be a very divisive issue. Many
planners regard gates as part of a troubling trend to limit, access to residential and other areas,
"representing a retreat from the public realm... a dramatic manifestation of the fortress mentality
growing in America," (Blakely and Snyder, 1997). The development patterns established by gated
neighborhoods are perceived as deleterious to the social fabric by the entertainment industry, the
media, social workers, and have even been the subject of science fiction novels (Le Goix, 2003). An
activist organization calling itself I-1eavy Trash has even been formed that places viewing platforms near
the entrances to gated communities in Los Angeles so that passersby can look into the gated
communities.
However, the facts that 47% of homebuyers prefer a gated entrance and that gates enhance property
values cannot be overlooked. The primary appeal of gated communities is their promise of improved
security (McGoey, 2005). Most gated neighborhoods share three general points: 1) A homeowners'
association. Existing associations require compliance with covenants and deed restrictions before
homeowners finalize their paperwork. If the covenants are not already established, unanimous
agreement is required. 2) A near consensus among the residents that gating is desirable. 3) Usually,
the neighborhood is bordered by a natural or man-made boundary so that gating a few key access
points will provide adequate security.
Most homeowners like to feel a part of a community. They expend some effort to create or seek out
enclaves of compatible neighbors and amenable surroundings. Viewed as part of this effort, gated
communities can be seen as attempts to recreate the idealized small American town where everyone
knows and cares about each other.
The staff recommends that the City of Owasso create provisions that allow for the development of
gated neighborhoods. Further, the staff recommends that gated neighborhoods be only allowed on
private streets that do not provide connections between arterials.
BLAKELY, E. J. & SNYDER, M. G. (1997). Fortress America, Gated Communities in the United
States. Washington D.C., Cambridge, M.A-: Brookings Institution Press & Lincoln Institute of Land
Policy.
HARRIS, J. C. & EVANS, J. S. (1999). Suburban Fortresses. Tierra Grande, the RealEstate Center
Journal. 1323 (July 1999), 50-52.
LaCOUR-LITTLE, M. & MALPEZZI, S. (2001). Gated Communities andproperty Values. A paper
presented to the American Real Estate and Urban Economics Association.
LE GOM R. (2003). The Suburban Paradise or the Parceling of Cities? Los Angeles, CA, UCLA
International Institute.
McGOEY, C. (2005). Gated Communities. Los Angeles, CA, Aegis Books, Inc.
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM- JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT, RIGHT OF WAY AQUISTION FOR THE 106TH ST ,ET FORTH
WATERLINE
DATE. FEBRUARY 7, 2006
The City staff is currently involved in acquisition of right of way for easements on a two
mile portion of E. 106'h Street N. from Sheridan to Mingo for installation of a water
transmission line. The transmission line will connect the City's water system with the
City of Tulsa's new connection point to be located at 106"' Street and Sheridan. As a part
of those acquisitions, negotiations for the purchase of permanent and temporary
easements from Ina C. Hart, 19,749 square feet of permanent and 16,787 square feet of
temporary easement; Kevin Brewer, 4,500 square feet of permanent and 6,000 square feet
of temporary easement; Jon Orjala, 9,873 square feet of permanent and 13,164 square
feet of temporary easement; Gregory Worley, 2,450 square feet of permanent and 3,267
square feet of temporary easement; Amy Raciti, 3,000 square feet of permanent and
4,000 square feet of temporary easement, and J.T. Mitchell, 10,063 square feet of
permanent easement and 13,975 square feet of temporary easement, have been
successfully completed. The total purchase price for each property is reflective of the
number of square feet needed for both the permanent and temporary easements, the price
per square foot as determined in the Appraisal Report submitted by Story & Associates,
and the removal/replacement costs for fences, gates, trees and landscaping, lateral lines
and other items specific to a particular property.
Negotiations are in process with the remaining ten parcel owners. At this time, it is
anticipated that acquisition of two of these parcels will necessitate condemnation actions,
with signed contracts being obtained from the eight parcel owners.
1. Ina C. Hart - $11,064.00 (inclusive of $1,600.00 for removal of salvage cars from
the easement area)
2. Kevin Brewer - $2,300.00
3. Jon Orjala - $5,000.00
4. Gregory Worley - $1,800.00
5. Amy Raciti - $1,200.00
6. J.T. Mitchell-$8,525.00 ( inclusive of $2,325.00 for fence removal/rcplacement)
This request is for City Council approval of the attached contracts for the purchase of an
interest in real property, authorization for the Mayor to execute each contract, and
authorization for payment to be made. The proposed contracts arc attached for your
review.
RE COMMENDATION
Staff recommends that the City Council approve 1) the contract for the purchase of each
casement, 2) City Council authorization for the Mayor to execute the Contracts, and 3)
authorization for payment of each purchase.
A. Contract -Ina C. Hart
B. Contract-Kcvin Brewer
C. Contract -Jon Oriala
O. Contract -Gregory Worley
E. Contract -Amy Raciti
F. Contract-J.T. Mitchell
i�
THIS AGREEMENT, by and between the Ina C. Hart, hereinafter referred to as Seller, and
the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred to as City.
WITNESSTH
That for and in consideration of the sum of $11,064.00 to be paid by the City to the order of
Seller, as hereinafter provided, the parties have agreed as follows:
I. SAFE. Seller will sell, transfer and convey to the City, by good and sufficient Conveyance
of Perpetual Easement, a perpetual easement for the exclusive use and enjoyment to the
public, in the following described real property in Owasso, Tulsa County, State of
Oklahoma, to -wit:
See Exhibit "A"
2. CLOSING, .At the time set for closing, Seller shall execute, acknowledge and deliver to
City a good and sufficient Conveyance of Perpetual Easement, conveying to the City a
perpetual easement in said property.
A. The payment in the amount of One -Thousand Six -Hundred Dollars ($1,600.00) for
removal of salvaged cars from the property, included in the amount above.
B. The City will perform all necessary restoration to the existing septic system on the
property for damage due to and caused by construction of the waterline.
IN WITNESS WHEREOF, the parties have executed this Contract at Owasso, Oklahoma,
this_.` day of , 20
Craig Tboendel, Mayor
A FIFTEEN (15.00) FOOT WIDE STRIP OF LAND THAT IS A PART OF THE
SOUTHEAST QUARTER (SE/4) OF SECTION ELEVEN (11), TOWNSHIP TWENTY-ONE
(21) NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT
SURVEY THEREOF, SAID 15.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SEA; THENCE NORTH
89"06'46" EAST ALONG THE SOUTH LINE OF SAID SE/4 FOR 300.00 FEET; THENCE
NORTH 1 025'03" WEST FOR 50.00 FEET TO THE POINT OF BEGINNING OF SAID 15.00
FOOT WIDE STRIP OF' LAND; THENCE CONTINUING NORTH 1 '25'03" WEST FOR
15.00 FEET; THENCE NORTH 89'06'46" EAST PARALLEL WITH THE SOUTH LINE OF
SAID SE/4 FOR 1016.68 FEET TO A POINT ON THE EAST LINE OF THE SWA OF THE
SE/4; THENCE SOUTH 1 '24'30" EAST ALONG SAID EAST LINE FOR 15.00 FEET;
THENCE SOUTH 89"06'46" WEST PARALLEL WITH THE SOUTH LINE OF SAID SE/4
FOR 1016.68 FEET TO THE POINT OF BEGINNING OF SAID 15.00 FOOT WIDE STRIP
OF ,AND. (CONTAINING 0.350 ACRES OR 15,250 SQ. FT., MORE OR LESS.)
N
SUMMARY STATEMENT OF JUST COMPENSATION
OWNER: INA C. HART JOB 106TH STREET NORTH WATERLINE COUNTY TULSA
FAIR MARKET VALUE offer of parcel(s) to be purchased:
it
FAIR MARKET VALUE offer of parcel(s) to be purchased:
$11. 064.00 of which 1,600.00 is damage to property not purchased.
Documents detailing the location of the parcel(s) and the interests) to be purchased in land:
See Exhibit "A"
The following buildings/improvements which are located on the parcel(s) to be purchased
include:
Wil
Any and all items considered to be fixtures located in the building/improvements are to be
purchased unless otherwise noted on this statement. No personal property is to be purchased.
DO NOT HESITATE TO CONTACT YOUR ACQUISITION AGAIN IN THE EVENT
YOU NEED ANY CLARIFICATION AS TO WHAT IS AND IS NOT SPECIFICALLY
BEING PURCHASED.
'The following items are considered as damaged and include:
Fencing (new right of way only): N/A
Acquiring agency to construct: N/A
Owner compensated to relocate: N/A
Remarks:
THIS AGREEMENT, by and between the Kevin Brewer, hereinafter referred to as
Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred
to as City.
WITNESSTII
That for and in consideration of the sum of $29300.00 to be paid by the City to the
order of Seller, as hereinafter provided, the parties have agreed as follows:
1. SALE. Seller will sell, transfer and convey to the City, by good and sufficient
Conveyance of perpetual Easement, a perpetual easement for the exclusive use and
enjoyment to the public, in the following described real property in Owasso, Tulsa
County, State of Oklahoma, to -wit:
See Exhibit "A"
2. CLOSING. At the time set for closing, Seller shall execute, acknowledge and
deliver to City a good and sufficient Conveyance of Perpetual Easement, conveying
to the City a perpetual easement in said property.
IN WITNESS WHEREOF, the parties have executed this Contract at Owasso,
Oklahoma, this day of20 06
SELLER.
Kevin Bre
Craig Thoendel, Mayor
A 15.00 FOOT WIDE STRIP OF LAND THAT IS A PART OF THE SOUTHEAST
QUARTER (SE/4) OF SECTION ELEVEN (11), TOWNSHIP TWENTY-ONE (21)
NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND
MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE
U.S. GOVERNMENT SURVEY THEREOF, SAID 15.00 FOOT WIDE STRIP OF
LAND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SE/4; THENCE NORTH
1 025'03" WEST ALONG THE WEST LINE OF SAID SE/4 FOR 50.00 FEET TO THE
POINT OF BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF LAND; THENCE
CONTINUING NORTH 1 025'03" WEST ALONG SAID WEST LINE FOR 10.00
FEET; THENCE NORTH 89°06'46" EAST PARALLEL WITH THE SOUTH LINE OF
SAID SE/4 FOR 300.00 FEET; THENCE SOUTH 1 °25'03" EAST PARALLEL TO
SAID WEST LINE FOR 15.00 FEET; THENCE SOUTH 89°06'46" WEST PARALLEL
WITH THE SOUTH LINE OF SAID SE/4 FOR 300.00 FEET TO THE POINT OF
BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF LAND. (CONTAINING 0.103
ACRES OR 4,500 SQ. FT., MORE OR LESS.)
14
t
OWNER: KEVIN BREWER JOB 106T11 STREET NORTH WATERLINE COUNTY TULSA
FAIR MARKET VALUE offer of parcel(s) to be purchased:
$2 300.00
FAIR MARKET VALUE offer of parccl(s) to be purchased:
of which is damage to property not purchased.
Documents detailing the location of the parcel(s) and the interest(s) to be purchased in land:
See Exhibit "A"
The following buildings/improvements which are located on the parcel(s) to be purchased
include:
no
Any and all items considered to be fixtures located in the building/improvements arc to be
purchased unless otherwise noted on this statement. No personal property is to be purchased.
DO NOT HESITATE TO CONTACT YOUR ACQUISITION AGAIN IN
PURCHASED.YOU NEED ANY CLARIFICATION AS TO WHAT IS AND IS NOT SPECIFICALLY
BEING
The following items are considered as damaged and include:
Fencing (new right of way only): N/A
Acquiring agency to construct: N/A
Owner compensated to relocate: N/A
Remarks:
THIS AGREEMENT, by and between the JON ORJALA, hereinafter referred to as
Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred
to as City.
WITNESSTH
That for and in consideration of the sure of $_5g000.00 to be paid by the City to
the order of Seller, as hereinafter provided, the parties have agreed as follows:
1. SALE. Seller will sell, transfer and convey to the City, by good and sufficient
Conveyance of Perpetual Easement, a perpetual easement for the exclusive use and
enjoyment to the public, in the following described real property in Owasso, Tulsa
County, State of Oklahoma, to -wit:
See Exhibit "A"
1 CLOSING. At the time set for closing, Seller shall execute, acknowledge and
deliver to City a good and sufficient Conveyance of Perpetual Easement, conveying
to the City a perpetual easement in said property.
IN WITNESS WHEREOF, the parties have executed this Contract at Owasso,
Oklahoma, this _2 day of � ,�_ 200-5.
y . i 11ti
s?
Jo rjala
Craig Thoendel, Mayor
Attest:
EXHIBIT A
A FIFTEEN (15.00) FOOT WIDE STRIP OF LAND THAT IS A PART OF THE
SOUTHWEST QUARTER (SW/4) OF SECTION ELEVEN (11), TOWNSHIP
TWENTY-ONE (21) NORTH, RANGE THIRTEEN(13) EAST OF THE INDIAN
BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID 15.00
FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHEAST CORNER OF SAID SWA; THENCE
NORTH 1 025'03" WEST ALONG THE EAST LINE OF SAID SWA FOR 50.00 FEET
TO THE POINT OF BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF LAND,
THENCE SOUTH 89006'37" WEST PARALLEL WITH THE SOUTH LINE OF SAID
SW/4 FOR 658.19 FEET TO A POINT ON THE WEST LINE OF THE SE/4 OF THE
SE/4 OF THE SW/4; THENCE NORTH 1 °25'19" WEST ALONG SAID WEST LINE
FOR 15.00 FEET; THENCE NORTH 89°06'37" EAST PARALLEL WITH THE
SOUTH LINE OF SAID SW/4 FOR 658.19 FEET TO THE EAST LINE OF SAID
SW/4; THENCE SOUTH 1 °25'03" EAST ALONG SAID EAST LINE FOR 15.00
FEET TO THE POINT OF BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF
LAND, (CONTAINING 0.227 ACRES OR 9,873 SQ. FT., MORE OR LESS.)
7
OWNER: JON ORJALA JOB 106TH STREET NORTH WATERLINE COUNTY TULSA
FAIR MARKET 'VALUE offer of parcel(s) to be purchased:
$5g000.00
FAIR MARKET VALUE offer of pareel(s) to be purchased:
5g000.00 of which _$0 is damage to property not purchased.
Documents detailing the location of the parcel(s) and the interest(s) to be purchased in land:
See Exhibit "A"
The following buildings/improvements which are located on the parcel(s) to be purchased
include:
Any and all items considered to be fixtures located in the building/improvements are to be
purchased unless otherwise noted on this statement. No personal property is to be purchased.
DO NOT HESITATE TO CONTACT YOUR ACQUISITION AGAIN IN THE EVENT
YOU NEED ANY CLARIFICATION AS TO WHAT IS AND IS 1 SPECIFICALLY
BEING PURCHASED,
The following items are considered as damaged and include:
Fencing (new right of way only): N/A
Acquiring agency to construct: N/A
Owner compensated to relocate: N/A
Remarks:
THIS AGREEMENT, by and between the Gregory Worley, hereinafter referred to as
Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred
to as City.
WITNESS'TH
That for and in consideration of the sum of $1 800.00 to be paid by the City to the
order of Seller, as hereinafter provided, the parties have agreed as follows:
1. SALE. Seller will sell, transfer and convey to the City, by good and sufficient
Conveyance of Perpetual Easement, a perpetual easement for the exclusive use and
enjoyment to the public, in the following described real property in Owasso, Tulsa
County, State of Oklahoma, to -wit:
See Exhibit "A"
2. CLOSING. At the time set for closing, Seller shall execute, acknowledge and
deliver to City a good and sufficient Conveyance of Perpetual Easement, conveying
to the City a perpetual easement in said property.
3. Buyer will repair any damage to existing utilities occurring during construction
process, and will restore the same to their present locations should removal be
required during the construction process.
IN WITLESS WHEREOF, the parties have executed this Contract at Owasso,
Oklahoma, this day of , 20
SELLER:
Gregory orley
Craig Thoendel, Mayor
RYTTTRTT A
A 15 FOOT WIDE STRIP OF LAND THAT IS A PART OF THE NORTHEAST
QUARTER (NE/4) OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-ONE (21)
NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13; THENCE
SOUTH 88034'53" WEST ALONG THE NORTH LINE OF SAID SECTION 13 FOR
663.40 FEET; THENCE SOUTH 01°01'33" EAST FOR .35.00 FEET TO THE POINT
OF BEGINNING OF SAID STRIP OF LAND; THENCE CONTINUING SOUTH
01"01'33" EAST FOR 15.00 FEET; THENCE SOUTH 88°34'53" WEST FOR 163.33
FEET, THENCE NORTH 01°06'09" WEST FOR 15.00 FEET, THENCE NORTH
88034'53" EAST FOR 163.35 FEET TO THE POINT OF BEGINNING OF SAID
STRIP OF LAND. (CONTAINING 0.056 ACRES OR 2,450 SQ. FT., MORE OR
LESS.)
N
OWNER: GREGORY WORLEY JOB 106TH STREET NORTH WATERLINE COUNTY TULSA
FAIR MARKET VALUE offer of parcel(s) to be purchased:
$1,800.00
FAIR MARKET VALUE offer of parccl(s) to be purchased:
_ l 80 ,00 of which ____ $0 is damage to property not purchased.
Documents detailing the location of the pareel(s) and the interest(s) to be purchased in land:
See Exhibit "A"
'The following buildings/improvements which are located on the parcel(s) to be purchased
include:
Any and all items considered to be fixtures located in the building/improvements are to be
purchased unless otherwise noted on this statement. No personal property is to be purchased.
HESITATEDO NOT {i CONTACT YOURACQUISITION kit ki AGAIN ` THE EVENT
YOU NEED ANY CLARIFICATION AS TO WHAT IS AND IS NOT SPECIFICALLY
' - �► C J'.
The following items are considered as damaged and include:
Fencing (new right of way only): N/A
Acquiring agency to construct: N/A
Owner compensated to relocate: N/A
Remarks:
THIS AGREEMENT, by and between the Amy Raciti, hereinafter referred to as
Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred
to as City.
ITNESSTH
That for and in consideration of the sum of 1,200.00 to be paid by the City to the
order of Seller, as hereinafter provided, the parties have agreed as follows:
1. SALE. Seller will sell, transfer and convey to the City, by good and sufficient
Conveyance of Perpetual Easement, a perpetual easement for the exclusive use and
enjoyment to the public, in the following described real property in Owasso, Tulsa
County, State of Oklahoma, to -wit:
See Exhibit "A"
2. CLOSING. At the time set for closing, Seller- shall execute, acknowledge and
deliver to City a good and sufficient Conveyance of Perpetual Easement, conveying
to the City a perpetual easement in said property.
3. Buyer will repair any damage to existing utilities occurring during construction
process, and will restore the same to their present locations should removal be
required during the construction process.
IN WITNESS WHEREOF, the parties have executed this Contract at Owasso,
Oklahoma, this -A, _day of /-z , 20&%,.
SELLER;
Array Its iti
ii:t Owasso, Oklahoma
Craig Thoendel, Mayor
r
EXHIBIT A
A 15 FOOT WIDE STRIP OF LAND THAT IS A PART OF THE NORTHEAST
QUARTER (NE/4) OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-ONE (21)
NORTH, RANGE THIRTEEN (1.3) EAST OF THE INDIAN BASE AND MERIDIAN,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S.
GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO -WIT.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13; THENCE
SOUTH 88034'53" WESTALONG THE NORTH LINE OF SAID SECTION 13 FOR
826.80 FEET; THENCE SOUTH 01°06'09" EAST FOR 35.00 FEET TO THE POINT
OF BEGINNING OF SAID STRIP OF LAND, 'THENCE CONTINUING SOUTH
01006'09" EAST FOR 15.00 FEET, THENCE SOUTH 88°34'53" WEST FOR 200.00
FEET; THENCE NORTH 01°06'09" WEST FOR 15.00 FEET, THENCE NORTH
88034'53" EAST FOR 200.00 FEET TO THE POINT OF BEGINNING OF SAID
STRIP OF LAND. (CONTAINING 0.069 ACRES OR 3,000 SQ. FT., MORE OR
LESS.)
N
�, .1910 9E 1I rL, T, rtt
OWNER: AMY RACITI JOB 106"" STREET NORTH WATERLINE COUNTY TULSA
FAIR MARKET VALUE offer of parecl(s) to be purchased:
I
FAIR MARKET VALUE offer of parcel(s) to be purchased:
00.00 — -- -- of which $0 is damage to property not purchased.
Documents detailing the location of the pareel(s) and the interest(s) to be purchased in land:
See Exhibit "A"
The following buildings/improvements which are located on the parcel(s) to be purchased
include:
Any and all items considered to be fixtures located in the building/improvements are to be
purchased unless othcrwise noted on this statement. No personal property is to be purchased.
EVENTDO NOT HESITATE TO CONTACT YOUR ACQUISITION AGAIN IN THE
YOU NEED ANY CLARIFICATION AS TO WHAT IS AND IS NOT SPECIFICALLY
BEING PURCHASED,
The following items are considered as damaged and include:
Fencing (new right of way only): N/A
Acquiring agency to construct: N/A
Owner compensated to relocate: N/A
Remarks:
04 ► ET
THIS AGREEMENT, by and between the J.T. Mitchell, hereinafter referred to as
Seller, and the City of Owasso, Oklahoma, a municipal corporation, hereinafter referred
to as City.
That for and in consideration of the sum of $0 8g525.00 to be paid by the City to
the order- of Seller, as hereinafter provided, the parties have agreed as follows:
SALE. Seller will sell, transfer and convey to the City, by good and sufficient
Conveyance of Perpetual Easement, a perpetual easement for the exclusive use and
enjoyment to the public, in the following described real property in Owasso, Tulsa
County, State of Oklahoma, to -wit:
See Exhibit "A"
2. CLOSING. At the time set for closing, Seller shall execute, aclaiowledge and
deliver to City a good and sufficient Conveyance of Perpetual Easement, conveying
to the City a perpetual easement in said property.
3. SPECIAL CONDITIONS
A. The payment in the amount of Two -Thousand Three -Hundred Twenty -Five
Dollars ($2,325.00), $1,250.00 for materials and $1,075.00 for Labor, for
removal of fence on the property. The Seller will bear the all responsibility
for obtaining replacement materials and performing all labor.
IN WITNESS WHEREOF, the parties have executed this Contract at Owasso,
Oklahoma, this day of Ja- , 200G..
I/ -i,
Se T. i chell
R.XNTRIT A
A FIFTEEN (15.00) FOOT WIDE STRIP OF LAND THAT IS APART OF THE
SOUTHWEST QUARTER (SW/4) OF SECTION ELEVEN (11), TOWNSHIP
TWENTY-ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN
BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA,
ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, SAID 15.00
FOOT WIDE STRIP OF LAND BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNIER OF SAID SW/4; THENCE
NORTH 89"06'37" EAST ALONG THE SOUTH LINE OF SAID SW/4 FOR658.18
FEET TO THE SOUTHWEST CORNER OF THE SE/4 OF THE SW/4 OF THE
SW/4; THENCE NORTH 1 °25'53" WEST ALONG THE WEST LINE OF SAID SE/4
SW/4 SW/4 FOR 50.00 FEET TO THE POINT OF BEGINNING OF SAID 15.00
FOOT WIDE STRIP OF LAND; THEN-E CONTINUING NORTH 1 °25'53" WEST
ALONG SAID WEST LINE FOR 15.00 FEET; THENCE NORTH 89°06'37" EAST
PARALLEL WITH THE SOUTH LINE OF SAID SW/4 FOR 622.27 FEET;
THENCE SOUTH 45053'18" EAST FOR 42.43 FEET; THENCE NORTH 89°06'37"
EAST PARALLEL WITH THE SOUTH LINE OF SAID SW/4 FOR 6.20 FEET TO A
POINT ON THE EAST LINE OF SAID SE/4 SW/4 SW/4; THENCE SOUTH 1
025'36" EAST ALONG SAID EAST LINE FOR 15.00 FEET; THENCE SOUTH
89006'3 7" WEST PARALLEL WITH THE SOUTH LINE OF SAID SW/4 FOR 12.56
FEET; THENCE NORTH 45°53'18" WEST FOR 42.43 FEET; THENCE SOUTH
89006'37" WEST PARALLEL WITH THE SOUTH LINE OF SAID SW/4 FOR
615.91 FEET TO THE POINT OF BEGINNING OF SAID 15.00 FOOT WIDE STRIP
OF LAND. (CONTAINING 0.231 ACRES OR 10,063 SQ. FT., MORE OR LESS.)
OWNER: J.T. MITCHELL JOB 106TH STREET NORTH WATERLINE COUNTY TULSA
FAIR MARKET VALUE offer of parcel(s) to be purchased:
8.525.
FAIR MARKET VALUE offer of parcel(s) to be purchased:
&525.00 of which __ $2,325.00 is damage to property not purchased.
Documents detailing the location of the parecl(s) and the interest(s) to be purchased in land:
See Exhibit "A"
The following buildings/improvements which are located on the parcel(s) to be purchased
include:
/A
Any and all items considered to be fixtures located in the building/improvements are to be
purchased. unless otherwise noted on this statement. No personal property is to be purchased.
DO NOT HESITATE ,! CONTACT YOUR
O , ACQUISITION AGAIN I i. EVENT
?
d i
YOU 1 ANY
CLARIFICATION Jt WHAT 1 AND 1 IS NOT SPECIFICALLY
BEINGPURCHASED.
The following items are considered as damaged and include:
Fencing (new right of way only): N/A
Acquiring agency to construct: N/A
Owner compensated to relocate: N/A
Remarks:
For labor and materials for replacement of fence - $2,325.00
EXHIBIT A
A FIFTEEN (15.00) FOOT WIDE STRIP OF LAND THAT IS APART OF THE
SOUTHWEST QUARTER (SW/4) OF SECTION ELEVEN (11), TOWNSHIP TWENTY-
ONE (21) NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND
MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING 1-0 THE U.S.
GOVERNMENT SURVEY THEREOF, SAID 15.00 FOOT WIDE STRIP OF LAND BEING
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SW/4; THENCE
NORTH 89006'37" EAST ALONG THE SOUTH LINE OF SAID SW/4 FOR658.18 FEET
TO THE SOUTHWEST CORNER OF THE SE/4 OF THE SW/4 OF THE SW/4; THENCE
NORTH 1 025'53" WEST ALONG THE WEST LINE OF SAID SE/4 SW/4 SW/4 FOR 50.00
FEET TO THE POINT OF BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF LAND;
THEN-E CONTINUING NORTH 1 025'53" WEST ALONG SAID WEST LINE FOR 15.00
FEET; THENCE NORTH 89'06'37" EAST PARALLEL WITH THE SOUTH LINE OF SAID
SW/4 FOR 622.27 FEET; THENCE SOUTH 45'53'1.8" EAST FOR 42.43 FEET; THENCE
NORTH 89006'37" EAST PARALLEL WITH THE SOUTH LINE OF SAID SW/4 FOR 6.20
FEET TO A. POINT ON THE EAST LINE OF SAID SE/4 SW/4 SW/4; THENCE SOUTH
1025'36" EAST ALONG SAID EAST LINE FOR 15.00 FEET; THENCE SOUTH 89'06'37"
WEST PARALLEL WITH THE SOUTH LINE OF SAID SW/4 FOR 12.56 FEET; THENCE
NORTH 45053'18" WEST FOR 42.43 FEET; THENCE SOUTH 89'06'37" WEST
PARALLEL WITH THE SOUTH LINE OF SAID SWA FOR 615.91 FEET TO THE POINT
OF BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF LAND. (CONTAINING 0.231
ACRES OR 10,063 SQ. FT., MORE, OR LESS.)
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
E,
SUBJECT: 106Tn STREET NORTH WATERLINE PROJECT;
CONDEMNATION PROCEEDINGS
RESOLUTION NO. 2006-06
�
Presented for the Council's consideration is Resolution No. 2006-06, a resolution
authorizing by necessity the filing of two condemnation actions to acquire easements
needed for completion of the 106"' Street North waterline project. A copy of the
Resolution is attached for the Council's review.
For the past two months, staff has communicated with landowners along l Wh Street
North between Mingo and Sheridan in an effort to purchase permanent and temporary
easements for the construction of a waterline. In December of 2005, the City Attorney
and Director of Public Works met with the owner of Parcel 7, Kelly McLaughlin, and the
owners of Parcel 30, Cathy Grammer, Nina Eccles, Cecil Cox and Raydean Curteman,
("Grammer group") to negotiate purchase of the needed easements for the project. Mr.
McLaughlin indicated that he did not wish to sell the requested easements to the City, and
the Grammer group requested $165,000 in compensation.
Thereafter, second appraisals were obtained by the City in an effort to reach agreement
with these parcel owners for the purchase of the easements, and conditional offers of
purchase based on the second, and higher, appraisals were mailed to the parcel owners by
certified mail on January 25, 2006. These offers represented the appraised amount of the
easements requested, and repair/replacement value of fixtures or trees located on the
property when appropriate. The respective parcel owners have not accepted the City's
offers. Staff submits that acquisition of the requested easements over the McLaughlin
and Grammer group properties is critical to installation of the water transmission line on
106`' Street North, and condemnation actions are necessitated to obtain the property
needed in both cases.
Based upon the foregoing, it is submitted that at this time condemnation is the sole
available mechanism to obtain the needed easements on the McLaughlin and Grammer
group properties. The easements will be utilized solely for a public purpose and
condemnation actions are both necessary and appropriate The representatives of the
City have offered the landowners a fair price for the property interests sought based on
two separate appraisals obtained by the City. In neither case have the landowners
expressed a willingness to accept the City's offer and it is not believed that an agreement
can be reached through continued negotiation. Therefore, staff submits that a resolution
of necessity authorizing the institution and prosecution of a condemnation action for each
of the two properties is appropriate and warranted.
It is recommended by staff that the Council adopt resolution No. 2006-06 authorizing the
filing and prosecution of condemnation actions to obtain the parcels of land described
therein.
i
1. resolution No. 2006-06
2. Offer letter to Kelly McLaughlin
3. Offer letters to Cathy Grammer, Nina Eccles, Cecil Cox and raydean Curtcman
2
CITY OF OWASSO, OI(L,AHOMA
RESOLUTION No. 2006-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, RE' SOLVING THE NECESSITY OF INSTITUTING AND
A f IQWI
S: !7 \
WHERE, AS: The City of Owasso, by and through officers and agents thereof, has
endeavored to obtain permanent and temporary construction easements, the legal
descriptions of same attached hereto and marked Exhibit "A," deemed necessary for the
1061h Street North water transmission line project from the respective landowners, to -wit:
Kelly McLaughlin, Parcel No. 7
Cathy Grammer, Nina Eccles, Cecil Cox and
Raydean Curteman. Parcel No. 30
WHEREAS: In connection with such efforts to obtain the needed 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, OI{LAHOMA, 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 permanent and temporary constriction 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 71h day of February, 2006, by the City Council of
the City of Owasso, Oklahoma.
Craig Thoendel, Mayor
Attest:
Sherry Bishop, City Clerk
Approved As To Form:
Julie Trout Lombardi, City Attorney
KELLY MCLAUGHLIN:
TEMPORAR Y CONSTR UCTION EASEMENT #I
A 10 FOOT WIDE STRIP OF LAND THAT IS A PART OF THE NORTHEAST QUARTER
(NE/4) OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE
THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY
THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, 'I O"WIT.
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13; THENCE
SOUTH 00056'57" EAST ALONG THE EAST LINE OF SAID SECTION 13 FOR 50.00 FEET
TO THE POINT OF BEGINNING OF SAID STRIP OF LAND; THENCE SOUTH 88°34'53"
WEST FOR 663.33 FEET; THENCE SOUTH 01'01'33" EAST FOR 10.00 FEET; THENCE
NORTH 88034'53" EAST FOR 663.32 FEET; THENCE NORTH 0°56'57" WEST FOR 10.00
FEET TO THE POINT OF BEGINNING OF SAID STRIP OF LAND. (CONTAINING 0.152
ACRES OR 6,633 SQ. FT., MORE OR LESS.)
TEMPORAR Y CONSTRUCTION EASEMENT #2
A 10 FOOT WIDE STRIP OF LAND THAT IS A PART OF THE NORTHEAST QUARTER
(NE/4) OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE
THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY
THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13; THENCE
SOUTH 00056'57" EAST ALONG THE EAST LINE OF SAID SECTION 13 FOR 25.00 FEET
TO THE POINT OF BEGINNING OF SAID STRIP OF LAND; THENCE SOUTH 88°34'53"
WEST FOR 663.37 FEET; THENCE SOUTH 01°01'33" EAST FOR 10.00 FEET; THENCE
NORTH 88"34'53" EAST FOR 663.35 FEET; THENCE NORTH 0°56'57" WEST FOR 10.00
FEET TO THE POINT OF BEGINNING OF SAID STRIP OF LAND. (CONTAINING 0.152
ACRES OR 6,633 SQ. FT., MORE OR LESS.)
PERMANENT CONSTRUCTION EASEMENT
A 15 FOOT WIDE STRIP OF LAND THAT IS A PART OF THE NORTHEAST QUARTER
(NE/4) OF SECTION THIRTEEN (13), TOWNSHIP TWENTY-ONE (21) NORTH, RANGE
THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY,
STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY
THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13; THENCE
SOUTH 00056'57" EAST ALONG THE EAST LINE OF SAID SECTION 13 FOR 35.00 FEET
TO THE POINT OF BEGINNING OF SAID STRIP OF LAND; THENCE CONTINUING
SOUTH 00056'57" EAST ALONG SAID SECTION LINE FOR 15.00 FEET; THENCE
SOUTH 88034'53" WEST FOR 663.33 FEET; THENCE NORTH 01°01'33" WEST FOR 15.00
FEET; THENCE NORTH 88°34'53" EAST FOR 663.35 FEET TO THE POINT OF
BEGINNING OF SAID STRIP OF LAND. (CONTAINING 0.228 ACRES OR 9,950 SQ. FT.,
MORE OR LESS.)
SCALE 1"=100'
NE CORNER
SECTION 13,
POINT OF COMMENCEMENT
R 13 E
EAST 106TH STREET NORTH
TEMPORARY
EASEMENT
LAST 961H STREET NORTH
Location Map
SCALE: NOT TO SCALE
0
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Sisemore Weisz & Associates, Inc.
6111 EAST 32nd PLACE PHONE: (918) 665-3600
TULSA, OKLAHOMA 74135 FAX (918) 665-8668
C.A.NO. 2421 EXP.
DATE- 11/22/05 6/30/07
<� W.O. NO. 14617.10 FLE NO. pliq PAM
Exhibit
Waterline Easement
NE CORNER
SECTION 13,
POINT
OF COMMENCEMENT
East 1 Street r
POINT
NORTH LINE SECTION 13
OF BEGINNING
-I
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N 8834 53" E
16.5' STATUTORY R/W 663 35
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WATER(lNE:EASEi1ENT �`
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KELLY KANE MCLAUCHLIN
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Location
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Isemore Weisz
& Associates,
Inc®
6111 EAST 32nd PLACE
PHONE: (918) 665-3600
® ® TU _SA, OKLAHOMA 74135
FAX (918) 665-8668
®ATE: 1 1 22 0 � C.A. NO. 2421
EXP. DATE 6/30/07
W.O. NO, 14517.10
FILE NO. 2113.2400
1-1
—10.00,
S 1*01'33" E
DATEo 11/22/05
Exhibit
Temporary Easement
East 106th Street North
11OIi!:111 LINE SECTION 13
16,5' STATUTORY R/W S 88'34'53" W
—663.37'—
7-MAS MM CN -r
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663.35'
N 88'34'53" E
KELLY KANE MCLAUGHLIN
BK 5364, PG 740
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NE CORNER
SECTION 13,
POINT OF COMMENCEMENT—
S 0*56'57" E
POINT OF BEGINNING----
10.00'---
N 0'56'57' W
R 13 E
EAST 106TH STREET NORTH
TEMPORARY
EASEMENT
EAST 96TH STREET NORTH
Location Map
SCALE: NOT TO SCALE
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21
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Sisernore Weisz & Associates, Inc.
6111 EAST 32nd PLACE PHONE: (918) 665 - 600
TULSA, OKLAHOMA 74135 FAX 8
(918) C C68
®® C.A.NO 0401 CXM DATA I
U/ 01j/ u I
W.O. NO. 14517.10 FILE NO. 2113.2400
CECIL COX RAYDEAN CURTEMAN NINA ECCLES AND CATHY GRAMMER:
TEMPORARY CONSIR UCTION EASEMENT #1
A TEN (10.00) FOOT WIDE STRIP OF LAND THAT IS A PART OF THE SOUTHEAST
QUARTER (SE/4) OF SECTION ELEVEN (II), TOWNSHIP TWENTY-ONE (21) NORTH,
RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA
COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT
SURVEY THEREOF, SAID 10.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT TIIE SOUTHEAST CORNER OF SAID SE/4; THENCE NORTH 1
023'57" WEST ALONG THE EAST LINE OF SAID SE/4 FOR 65.00 FEET TO THE POINT
OF BEGINNING OF SAID 10.00 FOOT WIDE STRIP OF' LAND; THENCE SOUTH
89006'46" WEST PARALLEL WITH THE SOUTH LINE OF SAID SE/4 FOR 1316.68 FEET
TO A POINT ON THE WEST LINE OF THE SE/4 OF THE SE/4; THENCE NORTH 1
024'30" WEST ALONG SAID WEST LINE FOR 10.00 FEET; THENCE NORTH 89°06'46"
EAST PARALLEL WITH THE SOUTH LINE OF SAID SE/4 FOR 1316.68 FEET TO THE
EAST LINE OF SAID SE/4; THENCE SOUTH 1 °23 '57" EAST ALONG SAID EAST LINE
FOR 10.00 FEET TO THE POINT OF BEGINNING OF SAID 10.00 FOOT WIDE STRIP OF
LAND. (CONTAINING 0.302 ACRES OR 13,167 SQ. FT., MORE OR LESS.)
I I;MI'ORARY CONSTRUCTION EASEMENT #2
A TEN (10.00) FOOT WIDE STRIP OF LAND THAT IS A PART OF THE SOUTHEAST
QUARTER (SE/4) OF SECTION ELEVEN (11), TOWNSHIP TWENTY-ONE (21) NORTH,
RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA
COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT
SURVEY THEREOF, SAID 10.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SE/4; THENCE NORTH 1
023'57" WEST ALONG THE EAST LINE OF SAID SE/4 FOR 40.00 FEET TO THE POINT
OF BEGINNING OF SAID 10.00 FOOT WIDE STRIP OF LAND; THENCE SOUTH
89006'46" WEST PARALLEL WITH THE SOUTH LINE OF SAID SE/4 FOR 1316.68 FEET
TO A POINT ON THE WEST LINE OF THE SE/4 OF THE SE/4; THENCE NORTH 1
024'30" WEST ALONG SAID WEST LINE FOR 10.00 FEET; THENCE NORTH 89'06'46"
EAST PARALLEL WITH THE SOUTH LINE OF SAID SE/4 FOR 1316.68 FEET TO THE
EAST LINE OF SAID SE/4; THENCE SOUTH 1 °23'57" EAST ALONG SAID EAST LINE
FOR 10.00 FEET TO THE POINT OF BEGINNING OF SAID 10.00 FOOT WIDE STRIP OF
LAND. (CONTAINING 0.302 ACRES OR 13,167 SQ. FT., MORE OR LESS.)
PERMANENT CONSTRUCTION EASEMENT
A FIFTEEN (15.00) FOOT WIDE STRIP OF LAND THAT IS A PART OF THE
SOUTHEAST QUARTER (SE/4) OF SECTION ELEVEN (11), TOWNSHIP TWENTY-ONE
(21) NORTH, RANGE THIRTEEN (13) EAST OF THE INDIAN BASE AND MERIDIAN,
TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT
SURVEY THEREOF, SAID 15.00 FOOT WIDE STRIP OF LAND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SE/4; THENCE NORTH 1
023'57" WEST ALONG THE EAST LINE OF SAID SE/4 FOR 50.00 FEET TO THE POINT
OF BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF LAND; THENCE SOUTH
89006'46" WEST PARALLEL WITH THE SOUTH LINE OF SAID SE/4 FOR 1316.68 FEET
TO A POINT ON THE WEST LINE OF THE SE/4 OF THE SE/4; THENCE NORTH 1 °24'30"
WEST ALONG SAID WEST LINE FOR 15.00 FEET; THENCE NORTH 89°06'46" EAST
PARALLEL WITH THE SOUTH: LINE OF SAID SE/4 FOR 1316.68 FEET TO THE EAST
LINE OF SAID SE/4.; THENCE SOUTH 1°23'57" EAST ALONG SAID EAST LINE FOR
15.00 FEET TO THE POINT OF BEGINNING OF SAID 15.00 FOOT WIDE STRIP OF
LAND. (CONTAINING 0.453 ACRES OR 19,749 SQ. FT., MORE OR LESS.)
Exhibit
Watertine Easement
r=
RAYOEAN CURTEMAN
CECIL E. COX
CATHERINE A. GRAMMER
NINA JEAN ECCLES
6817/1568
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0
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V)
U)
1'24'30W "
N 89'06'46" E 1 15.00'
S 1235
WATERLINEEASEMENT''7E
"
I -
..........
1316.68' 96.5: SLAV-TORY R/9- POINT OF BEGINNING
LvIiz:-z;�S 89'06'46" — -- SECTION 91
50.00'
East 106th Street or N 1-23',57" W
SE CORNER
SE/4, SECTION 11
POINT OF COMMENCEMENT
SCALE 1"=200'
E SHEET 2 OF 2
8-24-05
DATE.
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R 13 E
wwwnlf "011 "I'll" MMOIS
WATERLINE
EAST 106TH STREET NOR■
-M
Location Mar)
SCALE:- NOT TO SCALE
FIR
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Ld
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bi
'--SW CORNER
SE/4 SE/4, SECTION 11
u
0
. . . . . . . . . . . .
SCALE 1"=200'
—POINT OF BEGINNING
—65.00,
N 1'23'57' W
`'-SE CORNER
SE/4, SECTION 11
POINT OF COMMENCEMENT
R 13 E
EAST 116TH STREET NORTH
0
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M
F_
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0 TEMPORARY
z EASEMENT
.
EAST 106TH STREET NORTH
Location Map
SCALE: NOT TO SCALE
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CITY OF O WASSO
A CITY OF CHARACTER
January 25, 2006
Kelly McLaughlin
10512 North Mingo Road
Owasso, Oklahoma 74055
Re: 106"' Street Waterline
Bear Mr. McLaughlin:
Enclosed please find a copy of the appraisal rendered by Livingston Appraisal, Inc.
Pursuant to the appraisal, the City of Owasso is offering you $20,000.00, contingent upon
approval by the City Council and signature by the Mayor, for a permanent easement and
the necessary temporary working easements on your property located on 106"' Street
North. A Contract for the pre -mentioned amount, as well as a Permanent Easement,
Temporary Easement, and a Right to Enter are attached for your review. Also enclosed is
a Property Rights Brochure explaining your rights as a property owner.
Please respond to this offer within seven (7) days. Feel free to contact our office at 918d
272-4959 and I will be happy to answer any questions you might have.
Thank you for your cooperation.
Very truly yours,
Ana Stagg
Director of Public Works
M
Encl:
Julie Trout Lombardi
Livingston Appraisal
Temporary Easement
Right to Enter
Contract
Permanent Easement
Property Rights Brochure
CITY OF OWASSO
It 1 N. Main M PO Box 180 M Owasso, Oklahoma 74055 N 918.376, 1500 M Fax 91 8.376. 1599
www.cityofocvasso.com
CITY OF OWASSO
January 25, 2006
Cathy Grammer
17400 East 80"' Street North
Owasso, Oklahoma 74055
Re: 106t1i Street Waterline
Dear Ms. Grammer:
Enclosed please find a copy of the appraisal rendered by Livingston Appraisal, Inc.
Pursuant to the appraisal, the City of Owasso is offering you $29,100.00, contingent upon
approval by the City Council and signature by the Mayor, for a permanent easement and
the necessary temporary working easements on your property located on 106th Street
North. A Contract for the pre -mentioned amount, as well as a Permanent Easement,
Temporary Easement, and a Right to Enter are attached for your review. Also enclosed is
a Property Rights Brochure explaining your rights as property owners.
Please respond to this offer within seven (7) days. Feel free to contact our office at 914-
376-151.1, and I will be happy to answer any questions you might have.
Thank you for your cooperation.
Very truly yours,
_ 9
Julie Trout Lombardi
City Attorney
CC: Ana Stagg
C. Cox
R. Curteman
N. Eccles
Encl:
Livingston Appraisal
Temporary Easement
Right to Enter
Contract
Permanent Easement
Property Rights Brochure
CITY OF OWASSO
III N. Main M PO Box 180 M Owasso, Oklahoma 74055 N 918.376, 1500 M Fax 918.376. 1599
w ww. c l tyo tow ass o. corn
CITY Or OWASSO
A CITY OF CHARACTER
January 25, 2006
Nina Eccles
4007 South 118 East Avenue
Tulsa, Oklahoma 74146
Re: 106t1' Street Waterline
Dear Ms. Eccles:
Enclosed please find a copy of the appraisal rendered by Livingston Appraisal, Inc.
Pursuant to the appraisal, the City of Owasso is offering you $29,100.00, contingent upon
approval by the City Council and signature by the Mayor, for a permanent easement and
the necessary temporary working easements on your property located on 106t" Street
North. A Contract for the pre -mentioned amount, as well as a Permanent Easement,
Temporary Easement, and a Right to Enter are attached for your review. Also enclosed is
a Property Rights Brochure explaining your rights as property owners.
Please respond to this offer within seven (7) days. Feel free to contact our office at 918m
376-1511, and I will be happy to answer any questions you might have.
Thank you for your cooperation.
Very truly yours,
r6LJJ-- Lck"C)j
Julie Trout Lombardi
City Attorney
CC: Ana Stagg
C. Cox
R. Curteman
C. Grammer
Encl:
Livingston Appraisal
Temporary Easement
Right to Enter
Contract
Permanent Easement
Property Rights Brochure
CITY OF OWASSO
1 11 N. MainN PO Box 180 N Owasso, Oklahoma 74055 ® 918.376.1500 ® Fax 919.376.1599
www.cityofowasso.com
CITY OF OWASSO
A CITY Of CHARACTER
January 25, 2006
Cecil Cox
10156 Wondering Way
Benbrook, Texas 76126
Re: 1.06t1' Street Waterline
Dear Mr. Cox:
Enclosed please find a copy of the appraisal rendered by Livingston Appraisal, Inc.
Pursuant to the appraisal, the City of Owasso is offering you $29,100.00, contingent upon
approval by the City Council and signature by the Mayor, for a permanent easement and
the necessary temporary working easements on your property located on 106th Street
North. A Contract for the pre -mentioned amount, as well as a Permanent Easement,
Temporary Easement, and a Right to Enter are attached for your review. Also enclosed is
a Property Rights Brochure explaining your rights as a property owner.
Please respond to this offer within seven (7) days. Feel free to contact our office at 91 8a
376-1511, and I will be happy to answer any questions you might have.
Thank you for your cooperation.
Very t1 my yours,
a ,
y � �I
Julie Trout Lombardi
City Attorney
CC: Ana Stagg
R. Curteman
N. Eccles
C. Grammer
Encl:
Livingston Appraisal
Temporary Easement
Right to Enter
Contract
Permanent Easement
Property Rights Brochure
CITY OF OWASSO
111 N. Main EE PO Box 180 E Owasso, Oklahoma 74055 M 918.316.1500 IN Fax 918.376.1599
www. cityofowass o.coni
CITY OF OWASSO
A CITY OF CHARACTER
January 25, 2006
Raydean Curteman
3884 Mount Shasta Place
Norco, California 92860
Re: 106t' Street Waterline
Dear Ms. Curteman:
Enclosed please find a copy of the appraisal rendered by Livingston Appraisal, Inc.
Pursuant to the appraisal, the City of Owasso is offering you $29,100.00, contingent upon
approval by the City Council and signature by the Mayor, for a permanent easement and
the necessary temporary working easements on your property located on 106th Street
North, A Contract for the pre -mentioned amount, as well as a Permanent Easement,
Temporary Easement, and a Right to Enter are attached for your review. Also enclosed is
a Property Rights Brochure explaining your rights as property owners.
Please respond to this offer within seven (7) days. Feel free to contact our office at 91 8-
376-1511, and I will be happy to answer any questions you might have.
Thank you for your cooperation.
Very truly yours,
ROLz� a
fn_
Julie Trout Lombardi
City Attorney
CC: Ana Stagg
C. Cox
N. Eccles
C. Grammer
Encl:
Livingston Appraisal
Temporary Easement
Right to Enter
Contract
Permanent Easement
Property Rights Brochure
CITY OF OWASSO
III N. Main M PO Box 180 N Owasso, Oklahoma 74055 N 918.376.I500 M Pax 918.376. 1599
www.cityofowasso.com
I :\ ;.
)°;> : f )
NOTICEN'
In an effort to decrease postage costs, we would like to inform you that the City
Manager's Report and City Council Agenda are now available online. You can
retrieve them by going to the City's web -site at littp://wwwXityof) wsso.coIn 1.
If you would like to continue receiving the City Manager's Report and City
Council Agenda via 'U.S. Mail, we request that you check the following box and
return this prepaid postage card.
F YES, I would like to continue R-eceiving the City Manager's Repot°t
and City Council Agenda via U.& bail,
ma, r it ! ,, ( H1 ir,d w t that it l
s
r4 axhA€' i )il 1 v is is khi - vd n
�r s .,_ 3 3` ii3 tie
If you have any questions, please do not hesitate to contact Juliann Stevens at
376-1502 or jstevens(u�cityofowasso.cosii.
Thank you for you assistance in this matter.
TO: RODNEY RAY
CITYMANAGER
FROM: i DAN YANCEY
CHIEF F O. POLICE
DATE- January 31, 2006
BACKGROUND:
Every year, the department tracks and documents certain offenses (Type 1) as required by
the Uniform Crime Reporting Act. These crimes include murder, rape, robbery, assaults,
burglary, motor vehicle theft, and larceny. In order to provide the Council and staff with
information necessary so that informed decisions can be made; and, in order to keep the
citizens apprised of how safe their city is, a brief summary of 2004 and 2005 crime
statistics, a comparison of those statistics, and possible reasons for increases or decreases
are contained within this memorandum. The statistics represent how crimes were first
reported to police, not the final disposition.
CRIME AND CHARGE
® In 2004, the department experienced zero (0) homicides compared to 2005 in
where three (3) homicides, related to one incident, were reported.
® In 2004, five (5) rapes were reported compared to seven (7) rapes in 2005.
In 2004, seven (7) robberies were reported compared to two (2) robberies in 2005.
® In 2004, fifty-six (56) felonious assaults were reported compared to forty (40
reported in 2005.
® In 2004, one hundred twenty two (122) breaking and entering/burglaries were
reported compared to ninety-six (96) in 2005.
® In 2004, thirty-two (32) motor vehicles were reported stolen compared to fifty-
five reported stolen in 2005.
® In 2004, five hundred eighteen (518) larceny/thefts were reported compared to
five hundred eighty two (582) reported in 2005.
ADDITIONAL COMMENTS:
Overall, the department experienced an 8% increase in crimes reported to police during
2005 as compared to 2004. The largest increases were in the area of property crimes (i.e.
larcenies, shop lifting, auto thefts). However, in comparing 2004 to 2005, crimes against
people were down 8%. This data shows the 2005 Crime Index for Owasso is 31, in
comparison to the 2004 Crime Index of 32 (the lower the crime index number, the safer
the city is considered to be according to the Uniform Crime Reporting Act). Despite an
increase in crime in a few categories, Owasso is considered to be a safer city in 2005 than
in 2004.
ATTACHMENTS
1. OSBI Report for 2004
2. OSBI Report for 2005
Oklahoma State Bureau of Investigation
0faenses
Offenses
Offenses
`rotal Offenses
By Arrest
Owasso Polies Department
Reported
Unfounded
Actual
Cleared
of juveniles
Report Year: 2004
January -December YTD
1. CRIMINAL HOMICIDE
A- MURDER
B-- MANSLAUGHTER
TOTAL
0
0
0
0
2. FORCIBLE RAVE
A- RAPE BY FORCE
6
1
0
2
1
E3- ASSAULT TO RAPE -ATTEMPTS
OTA
�3.
..
ROBBERS
A- GUN
6
6
5
B- KNIFE OR CUTTING INSTRUMENT
C- OTHER DANGEROUS WEAPON
D- STRONG ARM -HANDS, FISTS, FEET, ETC.
1
1
1
TOTAL
7
0
7
4, ASSAULT FELONIOUS
A- GUN
7
7
5
1
B- KNIFES OR CUTTING INSTRUMENT
11
11
I
4
C- OTHER DANGEROUS WEAPON
24
1
22
13
1
D- HANDS, FISTS, FEET, ETC -AGGRAVATED
15
15
6
5. BREAKING AND ENTERING
A- FORCIBLE ENTRY
94
94
2
2
B- UNLAWFUL ENTRY - NO FORCE:
22
22
1
Ca ATTEMPTED FORCIBLE ENTRY
6
6
TOTPAU1
0
ti
3
6,LARCENY-THEFTS
2 :y�.�.
-16
.._-
34
7. MoTbR VEHICLE `THEFT
_
A- AUTOS
20
1
19
_0 -
B- TRUCKS AND BUSES
9
1
g
C- OTHER VEHICLES
3
3
0T AL
32
230
GRAND TOTAL
742
6
736
179
43
�BER �F NAVY ENFORCEMENT �FFI ERS 1LLED OR ASSAULTED THIS WAR;'.
KILLED BY FELONIOUS ACTS
0..
ASSAULTED
17
KILLED BY ACCIDENTAL OR NEGLIGENT ACTS
0
Offenses Offenses Offenses Total Offenses By Arrest
Owasso Police Department Reported Unfounded Actual Cleared of ,Juveniles
Report Year: 200
1. CRIMINAL HOMICIDE
A-" MURDER
3
3
3
B- MANSLAUGHTER
2. FORCIBLE RAPE
Aw RAPE, BY FORCE
9
2
7
2
1
B- ASSAULT TO RAPE -ATTEMPTS
fTOij"AL
dqy
d
$
g$
3. ROBBERY
..., ...
A- GUN
2
2
Bn KNIFE OR CUTTING INSTRUMENT
C- OTHER DANGEROUS WEAPON
D- STRONG ARM -HANDS, FISTS, FEET, ETC.
=TOT
2
4, ASSAULT FELONIOUS
A® GUN
2
2
B- KNIFE OR CUTTING INSTRUMENT
2
2
2
C- OTHER DANGEROUS WEAPON
25
25
6
2
D- HANDS, FISTS, FEET, ETC -AGGRAVATED
11
11
3
1
A- AUTOS 29 2 27 6
B- TRUCKS AND BUSES 13 1 12 1
C- OTHER VEHICLES 16 16
70TAL 13 7
GRAND TOTAL 791 73 � s : ' '5
NUMBER OF LAW ENFORCEMENT OFFICERS LED OR ASSA LT D THI Y
KILLED BY FELONIOUS ACTS
ASSAULTED 28
KILLED BY ACCIDENTAL OR NEGLIGENT ACTS
BRAD I 15,\tiiY
GOV) 1"Nok
K, ii A' 1,A! A
6AJA"
February 3, 2006
Mr. Craig Thoendel, Chairman
Owasso Public Works Authority
111 N. Main
Owasso, Okianoma 74055
Dear Mr. Thoendel:
Re: OW RB Loan Application Number ORF-03-0005-DW; Owasso Public Works
Authority, Tulsa County
This is to notify you that the loan requested by the Owasso Public Works Authority in
the amount of $4,853,250.00 is being recommended to our Board for approval.
Board' offices. We ask that you or a representative of the Authority attend this
meeting to answer any questions the Board may have.
I M IITIC71'rprol' - I'll, nualTICIT55fter, p0ase Mel Tree,7*
contact our office at (405) 530-8800.
Sincerely,
Joe freeman, Chief
F,ina,ncial Assistance Division
cc: Ms. Sherry Bishop, Finance Director
Mr. Allan A. Brooks 111, Bond Counsel
Ms. Julie Lombardi, General Counsel
Mr. Keith McDonald, Financial Advisor
Mr. Rodney Ray, City Manager
VV
3800 N. CLASSEN 1110011"VARD - OKLAHOIVIA. CYIY, OKLAHOJIVIA 13118 , 1"EUTHOM" (105)530 8f500 , fA,"(, (40,S) 53M900
Iiud,,, lieru i r. tCh)wzw , Ma,k Mchols. VS�m,[,
o�a L t,11, t e, dan,; 0urIc -1-1,� C hc1
x
The Owasso City Council will meet in regular session on Tuesday, February 7, 2006 at
6:30 PM at Old Central, 109 N. Birch, Owasso, Oklahoma.
Notice of addendum filed in the office of the City Clerk and posted on the City Hall
bulletin board at 3:00 PM on Monday, February 6, 2006.
Timothy D. Ro neAssistant City Mana
P
l
The following is submitted as an addendum to the Owasso City Council Agenda filed on
Friday, February 3, 2006. Items numbered 1 mS shall remain the same. Item number 6 is
now number 7 and a new item 6 is listed as follows:
6. Reading of Mayor's Proclamation
Mayor Thoendel
Mayor Thoendel will read a proclamation declaring Tuesday, February 7,
2006 as Hayward Smith Elementary Day.
n.1
tr