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2011.04.12_Worksession Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL RECEIVED TYPE OF MEETING: Special DATE: April 12, 2011 APR 0 8 2011 TIME: 6:00 p.m. PLACE: Old Central Building City Giant's 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Friday, April 08, 2011. Sherry Bishop, C& 'Clerk AGENDA Call to Order Mayor Bonebrake Discussion relating to Operational Items Mr. Lehr Attachment # 2 A. Proposed Fire Department purchase of heart monitors and defibrillators B. Request for the detachment of 20 acres - OA 1 1 -02 C. Request for review and approval of Final Plat for Lake Valley IV Extended D. Proposed Interlocal Agreement with Tulsa County related to the Annual Street Rehabilitation Program E. Request for final payment to Tri -Star Construction related to the Annual Street Rehabilitation Program 3. Discussion relating to City Manager Items Mr. Ray Attachment # 3 A. Proposed budget amendment related to the February 2011 snow event B. Proposed amendments to Code of Ordinances - Part 9, Licensing and Solicitor Permitting; Part 10, Offense and Crimes; and Part 15, Traffic and Vehicles C. Proposed resolution related to the Garnett Regional Detention assessment rate D. Presentation related to anticipated changes in the City of Tulsa's water treatment process E. City Manager Report 1. Sales Tax Report 4. Report from City Councilors 5. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the Office of the City Manager, such executive session provided for in O.S. 25, Section 307(B)(1). Mayor Bonebrake 6. Adjournment The City Wit aut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bradd K. Clark Fire Chief SUBJECT: Heart Monitor /Defibrillator State Bid Purchase Proposal DATE: April 8, 2011 BACKGROUND: In 2008, Physio - Control notified the Owasso Fire Department that the Physio - Control LifePak 12 heart monitors /defibrillators in use in Owasso would soon be discontinued by this manufacturer. Administrators were also informed that parts and service contracts would also phase out as Physio - Control upgraded the product line. The heart monitor /defibrillators are utilized by Owasso paramedics on the majority of medical patients to provide pertinent data to the medics about the patient's overall condition. The defibrillator capability also provides the paramedics an opportunity to convert (reverse) a potentially lethal heart rhythm. Owasso Fire Department's current inventory of Physio - Control Life -Pak 12 heart monitors /defibrillators are in working order; however, due to technology upgrades, the devices must be phased out as repair parts become scarce, and the manufacturer phases out the service contracts. Owasso Fire Department currently has five (5) of these devices in service. Over the next six years, Fire Administrators are proposing to replace all of the existing equipment with the Life -Pak 15 heart monitor /defibrillator. PRODUCT REVIEWS: Fire Administrators invited various equipment manufacturers to demonstrate equipment and product options. Three (3) products were evaluated for ease of use, reliability, functionality, and overall user impression. Feedback was received from over half of the fire department employees, with the majority of those employees requesting to remain with Physio - Control as the equipment provider for the Owasso Fire Department. BUDGET: The Ambulance Capital Budget contains funding sufficient for the purchase of four heart monitors /defibrillators. The four new devices will be placed on the City's four ambulances; four of the existing devices will be placed on the City's four fire engines; and one of the oldest models (1999 model) will move to reserve and training, since the trade -in value is minimal. The budget allocation for this purchase is $140,000. BID PROCESS: The Physio - Control Life -Pak 15 heart monitor /defibrillators are available on the State of Oklahoma State Bid List. The equipment with desired advanced life support features is listed on the State Bid for $ 33,503.60/ per device, plus three battery chargers, totaling $138,158.15 for four new units. RECOMMENDATION: Staff intends to recommend City Council award the contract for the purchase of heart monitors and defibrillators, and authorize payment in the amount of $138,158.15 to Physio - Control of Redmond, Washington. ATTACHMENT: A. State Bid Specification Sheet 2/22/2011 PHYSIO - CONTROL CATALOG NASPO SW300 Attachment H yq Ph sio- Control Contract Pricing V.48 PRICING - NASPO SW300 12/14/2010 Manufacturer Catalog Number Catalog /Product Description UOM #EA List Price NASPO Net per Price Unit ALS DEFIBRILLATORS Physio - Control 99577 - 000033 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, BlueTooth,100mm EA 1 $ 13,595.00 $11,555.75 Physio - Control 99577 - 000038 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, Trend, EA 1 $ 18,195.00 $15,465.75 BlueTooth, 100mm Physio - Control 99577 - 000045 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, 12 -Lead, EA 1 $ 29,995.00 $25,495.75 CO2, BlueTooth, Trend, 100mm Physio - Control 99577 - 000001 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, 12 -Lead, Trend, EA 1 $ 22,595.00 $19,205.75 BlueTooth, 100mm Physio - Control 99577 - 000034 LP15 ,AED, Color LCD, PAC, ECG Monitoring, Metronome, Sp02, BlueTooth, EA 1 $ 15,295.00 $13,000.75 100mm Physio - Control 99577 - 000035 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, Sp02, CO, BlueTooth, EA 1 $ 18,295.00 $15,550.75 100mm Physio - Control 99577 - 000036 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, Sp02, 12 -lead, EA 1 $ 23,695.00 $20,140.75 BlueTooth, 100mm Physio - Control 99577 - 000037 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, Sp02, CO2, 12 -lead, EA 1 $ 28,395.00 $24,135.75 BlueTooth, 100mm Physio - Control 99577 - 000039 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, Trend, EA 1 $ 20,995.00 $17,845.75 IP, BlueTooth, 100mm Physio - Control 99577 - 000040 _ LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, Trend, EA 1 $ 21,495.00 $18,015.75 CO, BlueTooth, 100mm Physio - Control 99577 - 000041 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, Trend, EA 1 $ 22,895.00 $19,460.75 CO2 ,BlueTooth ,100mrn Physio - Control 99577 - 000042 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, Trend, EA 1 $ 26,195.00 $22,010.75 CO2, CO ,BlueTooth, 100mm Physio - Control 99577 - 000043 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, Trend, 12 EA 1 $ 27,195.00 $23,115.75 Lead, BlueTooth, 100mm Physio - Control 99577 - 000044 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, Trend, EA 1 $ 30,495.00 $25,665.75 12Lead, CO, BlueTooth, 100mm Physio - Control 99577 - 000046 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, 12 -Lead, EA 1 $ 33,295.00 $28,045.75 CO2, CO, Trend, BlueTooth, 100mm Physio - Control 99577 - 000047 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, 12 -Lead, EA 1 $ 36,595.00 $30,595.75 CO2, CO, Trend, MetHb, BlueTooth, 100mm Physio - Control 99577 - 000048 LP15, AED, Color LCD, PAC, ECG Monitoring, Metronome, SP02, NIBP, CO2, EA 1 $ 25,195.00 $21,415.75 Trend, IP, BlueTooth, 100mm Physio - Control 99577 - 000049 LP15, AED, Color LCD, PAC, Metronome, SP02, NIBP, 12 -Lead, CO2, Trend, IP, EA 1 $ 31,895.00 $27,110.75 BlueTooth, 100mm yq 2/22/2011 PHYSIO- CONTROL CATALOG NASPO SW300 Attachment H Manufacturer Catalog Number Catalog /Product Description UOM #EA per Unit List Price NASPO Net Price Ph sio- Control 11141 - 000147 LIFEPAK 500 nonrechar eable lithium sulfur dioxide battery ak EA 1 $ 248.00 $210.80 Ph sio- Control 11141 - 000014 LIFEPAK 500 nonrechar eable lithium sulfur dioxide battery ak - aircraft use EA 1 $ 270.00 $210.80 Ph sio - Control 11110 - 000054 QUIK -COMBO extension cable LIFEPAK 500 to QC patient sim 4' EA 1 $ 140.00 $108.80 Ph sio - Control 11150 - 000010 External Modem for connection to LIFEPAK 500 EA 1 $ 280.00 $221.85 Ph sio - Control 11241 - 000001 Epson LX300 Plus Dot Matrix Printer EA 1 $ 245.00 $192.10 Ph sio - Control 11998- 000051 Electrode storage tray for LIFEPAK 500 EA 1 $ 73.00 $57.80 Ph sio - Control 11220- 000025 Battery ouch for the LIFEPAK 500 1 EA 1 $ 51.00 $39.95 Ph sio - Control 11400 - 000038 LIFEPAK 12 AC Power Adapter EA 1 $ 880.00 $726.75 Ph sio - Control 11110-000051 Power Adapter extension cable for LIFEPAK 12 power adapter EA 1 $ 100.00 $82.45 Ph sio - Control 99407 - 000002 Battery Support System 2 BSS2 EA 1 $ 1,900.00 $1,466.25 Ph sio - Control 11210 - 000002 BSS2 wall mount bracket EA 1 $ 105.00 $79.90 Ph sio - Control 99996- 000009 Mobile Battery Service Station MBSS EA 1 $ 1,470.00 $1,211.25 Ph sio - Control 99996 - 000010 MBSS wall bracket for vertical or horizontal mounting EA 1 $ 125.00 $101.15 Ph sio - Control 99996 - 000011 MBSS 12 volt DC cable EA 1 $ 71.00 $58.65 Ph sio - Control 11141- 000025 FASTPAK 2 Battery w /fuel gage EA 1 $ 155.00 $129.20 Ph sio - Control 11141- 000149 LIFEPAK NiCd Battery with fuel gauge 1.6amp hrs EA 1 $ 215.00 $177.65 Ph sio - Control 11141- 000028 LIFEPAK SLA Battery EA 1 $ 210.00 $171.70 Ph sio - Control 11141- 000044 FASTPAK Battery 1.2 amp EA 1 $ 133.00 $113.05 Ph sio - Control 11141- 000106 LIFEPAK 12 Li -ion Batter EA 1 $395.00 $335.75 Ph sio - Control 11141 - 000115 REDI- CHARGE Base EA 1 $1,295.00 $1,100.75 Ph sio - Control 11141 - 000116 LIFEPAK 12 REDI- CHARGE Adapter Tray EA 1 $175.00 $148.75 Ph sio - Control 11140 - 000052 LIFEPAK 15 REDI- CHARGE Adapter Tray EA 1 1 1 $175.00 $148.75 Ph sio - Control 11577 - 000004 Station Battery Charger - For the LP15 EA 1 $ 1,540.00 $1,270.75 Ph sio - Control 11577 - 000011 Mobile Battery Charger - FOR THE LP15 EA 1 $ 1,675.00 $1,381.25 Ph sio - Control 21330 - 001176 Lithium -ion Battery 5.7 amp hrs EA 1 $ 390.00 $322.15 Ph sio - Control 11260- 000030 LIFEPAK 12 Basic carry case w /stra , right & left pouches EA 1 $ 260.00 $212.50 Ph sio - Control 11260 - 000029 LIFEPAK 12 Carry case back pouch - expandable EA 1 $ 71.00 $58.65 Ph sio - Control 21300 - 006360 LIFEPAK 12 Replacement carry case right pouch EA 1 $ 73.00 $60.35 Ph sio - Control 21300 - 007201 LIFEPAK 12 Replacement carry case left pouch EA 1 $ 80.00 $66.30 Ph sio - Control 21300 - 006361 LIFEPAK 12 Carry case base & side supports EA 1 $ 120.00 $97.75 Ph sio - Control 11260- 000010 LIFEPAK 12 Shoulder Strap EA 1 $ 29.00 $23.80 Ph sio - Control 11220 - 000033 LIFEPAK 12 Front cover EA 1 $ 34.00 $28.05 Ph sio - Control 11998 - 000063 LIFEPAK 12 Removable acrylic screen shield EA 1 $ 43.00 $35.70 Ph sio - Control 11220 - 000028 Top Pouch for the LP12 /LP15 EA 1 $ 47.00 $39.10 Ph sio - Control 11260 - 000032 Carrying Case of the LIFEPAK 12 with AC Power Adapter EA 1 $ 275.00 $225.25 Ph sio - Control 11260 - 000033 lCarrying Case for the LIFEPAK 12 with Voice Recorder EA 1 $ 275.00 $225.25 Ph sio - Control 21300 - 007203 IRight Pouch Replacement Note: Included with basic case EA 1 $ 73.00 $60.35 Ph sio - Control 1 11577 - 000002 1 LIFEPAK 15 Basic carry case w/ right & left pouches EA 1 $ 260.00 $212.50 � Ib KtA xq 2/22/2011 PHYSIO- CONTROL CATALOG NASPO SW300 Attachment H Manufacturer Catalog Number Catalog /Product Description UOM #EA per Unit List Price NASPO Net Price Ph sio- Control 11260- 000039 LIFEPAK 15 Carry case back pouch EA 1 $ 67.00 $55.25 Ph sio - Control 11577 - 000001 LIFEPAK 15 Shoulder strap EA 1 $ 29.00 $23.80 Ph sio - Control 11996- 000157 1 LIFESTAND mobile roll stand EA E:] $ 770.00 $636.65 Ph sio - Control 11996 - 000309 ISurface mount bracket EA 1 $ 745.00 $616.25 Ph sio - Control 11130 - 000001 Standard hard paddles for use w /LIFEPAK 12 PR 1 $ 570.00 $467.50 Ph sio - Control 11130 - 000061 Standard hard paddles for use w /LIFEPAK 15 PR 1 $ 565.00 $467.50 Ph sio - Control 11133 - 000001 Pediatric paddle, external lea 2 required) EA 1 $ 75.00 $62.05 Physio- Control 11131 - 000001 Internal paddle handles w /discharge control for use with LIFEPAK 12 or LIFEPAK 20 PR 1 $ 619.00 $526.15 Ph sio - Control 11131 - 000010 Internal paddles - 1" size 6.25" shaft length) PR 1 $ 169.00 $143.65 Ph sio - Control 11131 - 000011 Internal paddles - 1.5" size 6" shaft length) PR 1 $ 169.00 $143.65 Ph sio - Control 11131 - 000012 Internal paddles - 2" size 5.75' shaft length) PR 1 $ 169.00 $143.65 Ph sio - Control 11131 - 000013 Internal paddles - 2.5" size 5.75' shaft length) PR 1 $ 169.00 $143.65 Ph sio - Control 11131 - 000014 Internal paddles - 3.5" size 5" shaft length) PR 1 $ 169.00 $143.65 Ph sio - Control 11131 - 000019 Internal paddles - 2.5" size 8.5" shaft length) PR 1 $ 169.00 $143.65 Ph sio - Control 11131 - 000021 Internal paddles - 1.5" size 9" shaft length) PR 1 $ 169.00 1 $143.65 Ph sio - Control 11131 - 000022 Internal paddles - 2" size 8.75' shaft length) PR 1 $ 169.00 $143.65 Ph sio - Control 11131 - 000023 Internal paddles - 3.5" size 8" shaft length) PR 1 1 $ 169.00 $143.65 Ph sio - Control 11131 - 000024 Internal paddles - 1.5" size 14.25' shaft length) PR 1 $ 169.00 $143.65 Ph sio - Control 21300 - 005847 Si na el, gel EA 1 $ 4.00 $3.40 Ph sio - Control 11110 - 000040 QUIK -COMBO therapy cable for use w /LIFEPAK 12 or LIFEPAK 20 EA 1 $ 315.00 $259.25 Ph sio - Control 11113 - 000004 QUIK -COMBO therapy cable for use w /LIFEPAK 15 EA 1 $ 315.00 $259.25 Ph sio - Control 11110 - 000010 QUIK -COMBO TM PACING /DEFIBRILLATION /ECG CABLE EA 1 $ 240.00 $196.35 Ph sio - Control 11103 - 000005 Zoll Adapter - converts Zoll connector to QUIK -COMBO EA 1 $ 54.00 $44.20 Ph sio - Control 11103 - 000006 Philips Adapter - converts Philips connector to QUIK -COMBO EA 1 $ 54.00 $44.20 Ph sio - Control 11103 - 000007 Laerdal Adapter - converts Laerdal connector to QUIK -COMBO EA 1 1 $ 175.00 $44.20 Ph sio - Control 11103 - 000008 R2 Adapter - converts R2 connector to QUIK -COMBO connector EA 1 $ 206.00 $44.20 Ph sio - Control 11111- 000022 12 Lead ECG, Precordial Leads AHA EA 1 $ 128.00 $108.80 Ph sio - Control 11111 - 000023 12 Lead ECG, Precordial Leads IEC EA 1 $ 128.00 $108.80 Ph sio - Control 11111 - 000020 8ft Trunk cable with AHA limb leads EA 1 $ 324.00 $275.40 Ph sio - Control 11111 - 000021 8ft Trunk cable with IEC limb leads EA 1 $ 349.00 $296.65 Ph sio - Control 11111 - 000018 5ft Trunk cable with AHA limb leads EA 1 $ 320.00 $272.00 Ph sio - Control 11110 - 000019 5ft Trunk cable with IEC limb leads EA 1 1 1 $ 344.50 $292.83 Ph sio - Control 21300 - 008054 4 -Wire Cable Comb 10- Pack PK 10 $ 15.00 $12.75 Ph sio - Control 21300 - 008055 6 -Wire Cable Comb 10- Pack PK 10 $ 15.00 $.75Ph sio - Control 11110 - 000029 3 -lead ECG cable for LIFEPAK 12 or LIFEPAK 20 EA 1 $ 115.00 .50 xq 2/22/2011 PHYSIO- CONTROL CATALOG NASPO SW300 Attachment H Manufacturer Catalog Number Catalog /Product Description UOM #EA per Unit List Price NASPO Net Price Ph sio- Control 11110 - 000066 5 -Lead ECG Cable for LIFEPAK 12 or LIFEPAK 20 EA 1 $ 205.00 $169.15 Ph sio - Control 11240- 000013 ECG printer paper, 50mm x 30m 3rolls /bx 1 -49 BX 3 $ 16.50 $13.60 Ph sio - Control 11240 - 000016 [Strip chart recorder paper, 1 00m 2rolls /bx 1 -23 BX 2 $ 17.50 $14.45 Ph sio - Control 11110- 000055 Configuration transfer cable EA 1 $ 102.00 $84.15 Ph sio - Control 11150 - 000007 Modem cable- 6' LIFEPAK 12 to external modem EA 1 $ 102.00 $84.15 Ph sio - Control 11150 - 000008 Modem cable - 10' LIFEPAK 12 to external modem EA 1 $ 107.00 $88.40 Ph sio - Control 11150 - 000009 Modem door assembly EA 1 $ 54.00 $44.20 Ph sio - Control 11150 - 000015 Internal modem c card modem EA 1 $ 285.00 $233.75 Ph sio - Control 11110 - 000044 jAnalog ECG output cable EA 1 $ 125.00 $102.00 Ph sio - Control 11230 - 000020 ISerial port cable I EA 1 $ 105.00 $84.15 Ph sio - Control 11996 - 000125 LIFEPAK 12 NIBP Hose, coiled 9' EA 1 $ 49.00 $40.80 Ph sio - Control 11996 - 000033 LIFEPAK 12 NIBP Hose, 9' EA 1 $ 49.00 $40.80 Ph sio - Control 11996- 000089 LIFEPAK 12 NIBP Hose, 12' EA 1 $ 49.00 $40.80 Ph sio - Control 21300 - 007300 LIFEPAK 15 NIBP Hose, 9' coiled EA 1 $ 49.00 $40.80 Ph sio - Control 21300 - 007298 LIFEPAK 15 NIBP Hose, 9' EA 1 $ 49.00 $40.80 Ph sio - Control 21300 - 007299 LIFEPAK 15 NIBP Hose, 12' EA 1 $ 49.00 $40.80 Ph sio - Control 11996 - 000020 NIBP Cuff - Reusable, Infant EA 1 $ 19.00 $15.30 Ph sio - Control 11996- 000021 NIBP Cuff - Reusable, Sm child EA 1 1 $ 22.00 $17.85 Ph sio - Control 11996 - 000022 NIBP Cuff - Reusable, Child EA 1 $ 22.00 $17.85 Ph sio - Control 11996 - 000023 NIBP Cuff - Reusable, Sm Adult EA 1 $ 26.00 $21.25 Ph sio - Control 11996 - 000024 NIBP Cuff - Reusable, Adult EA 1 $ 27.00 $22.10 Ph sio - Control 11996 - 000025 NIBP Cuff - Reusable, Lg Adult EA 1 $ 30.00 $24.65 Ph sio - Control 11996- 000026 NIBP Cuff - Reusable, Thigh EA 1 $ 125.00 $103.70 Ph sio - Control 11996- 000027 NIBP Cuff-Disposable Infant EA 1 $ 8.00 $6.80 Ph sio - Control 11996- 000028 NIBP Cuff-Disposable Child EA 1 $ 9.00 $7.65 Ph sio - Control 11996- 000029 NIBP Cuff-Disposable Small Adult EA 1 $ 11.00 $9.35 Ph sio - Control 11996- 000030 1 NIBP Cuff-Disposable Adult EA 1 $ 11.00 $9.35 Ph sio - Control 11996- 000031 NIBP Cuff -Dis osable Lar e Adult EA 1 $ 11.00 $9.35 Ph sio - Control 11996 - 000032 INIBP Cuff-Disposable X -tra Large Adult EA 1 $ 15.00 $12.75 Ph sio - Control 11996- 000060 Durasensor - Adult finger sensor EA 1 $ 253.00 1 $208.25 Ph sio - Control 11996- 000050 Oxisensor II neonatal sensor asst. pack EA 1 $ 82.00 $68.00 Ph sio - Control 11996 - 000051 Oxisensor II pediatric sensor asst. pack EA 1 $ 77.00 $63.75 Ph sio - Control 11996 - 000052 Oxisensor II adult sensor asst. pack EA 1 $ 72.00 $59.50 Ph sio - Control 1 11996 - 000061 Oxiband Adult /Neonatal Sensor EA 1 $ 200.00 $165.75 Ph sio - Control 11996 - 000062 Oxiband Pediatric /Infant Sensor EA 1 $ 200.00 $165.75 Ph sio - Control 11996- 000106 DURA -Y Multisite sensor reusable EA 1 $ 295.00 $242.25 Ph sio - Control 11996- 000107 Disposable Posey Wrap for Oxiband (bag of 12 BG 12 $ 29.00 $23.80 N" <4- 2/22/2011 PHYSIO- CONTROL CATALOG NASPO SW300 Attachment H Manufacturer Catalog Number Catalog /Product Description UOM #EA per Unit List Price NASPO Net Price Ph sio- Control 11996- 000333 Masimo SET Red Pediatric Reusable Direct Connect Sensor- 3 foot EA 1 $ 300.00 $250.75 Ph sio - Control 11996- 000334 Masimo SET Red Pediatric Reusable Direct Connect Sensor - 12 foot EA 1 $ 550.00 $420.75 Ph sio - Control 11996- 000335 Masimo SET Rainbow Adult Reusable Direct Connect Sensor - 3 foot EA 1 $ 695.00 $420.75 Ph sio - Control 11996- 000336 Masimo SET Rainbow Adult Reusable Direct Connect Sensor - 12 foot EA 1 $ 950.00 $590.75 Ph sio - Control 11996 - 000337 Masimo SET Rainbow Pediatric Reusable Direct Connect Sensor - 3 foot EA 1 $ 695.00 $590.75 Ph sio - Control 11996- 000338 Masimo SET Rainbow Pediatric Reusable Direct Connect Sensor - 12 foot EA 1 $ 950.00 $760.75 Ph sio - Control 11171 - 000032 Rainbow DCI -DC8, Adult Reuse Sensor, 8 ft EA 1 $ 795.00 $590.75 Ph sio - Control 11171 - 000033 Rainbow DCP -DC9, Pedi Reuse Sensor, 8 ft EA 1 $ 795.00 $675.75 Ph sio - Control 11996 - 000183 MNC -1 Adapter Cable - 10 foot EA 1 $ 450.00 $263.50 Ph sio - Control 11996- 000198 MNC -1 Adapter Cable - 4 foot EA 1 $ 450.00 $263.50 Ph sio - Control 11996 - 000001 FilterLine H Set Infant/Neonatal box of 25 BX 25 $ 545.00 $403.75 Ph sio - Control 11996 - 000080 FilterLine H Set Adult/Pediatric box of 25 BX 25 $ 440.00 $327.25 Ph sio - Control 11996- 000081 FilterLine Set Adult/Pediatric box of 25 BX 25 $ 280.00 $204.00 Ph sio - Control 11996 - 000164 FilterLine Set Long Adult /Pediatric box of 25 BX 25 $ 314.00 $229.50 Ph sio - Control 11996 - 000299 FilterLine Set Adult/Pediatric (pack of 10 PK 10 $ 130.00 $106.25 Ph sio - Control 11996- 000120 SmartCa noLine - Pediatric patients <44lbs box of 25 BX 25 $ 315.00 $246.50 Ph sio - Control 11996- 000128 SmartCa noLine w /02 delivery - Pediatric patients <44lbs box of 25 BX 25 $ 425.00 $276.25 Ph sio - Control 11996- 000162 SmartCa noLine Plus - Adult /Intermediate patients >44lbs box of 25 BX 25 $ 315.00 $246.50 Physio - Control 11996 - 000163 SmartCapnoLine Plus w /02 delivery - Adult/Intermediate patients >44lbs (box of 25) BX 25 $ 350.00 $276.25 Physio - Control 11996- 000165 SmartCapnoLine Plus Long w /02 - Adult/intermediate patients >44lbs (box of 25) EA 25 $ 445.00 $310.25 Ph sio - Control 11996- 000166 SmartCa noLine Plus - Adult /Intermediate patients>44lbs Cs of 100 CS 100 $ 1,145.00 $871.25 Physio - Control 11996- 000167 SmartCapnoLine Plus w /02 delivery - Adult/intermediate patients >44Ibs (Cs of 100 CS 100 $ 1,235.00 $973.25 Physio - Control 11996- 000298 Smart Capnoline Plus 02 Adult /Intermediate (for patients above 44 Ibs) (Box of 10) BX 10 $ 145.00 $131.75 Physio - Control 11996- 000297 1 Smart Capnoline Plus Adult /Intermediate (for patients above 44 Ibs) (Box of 10) BX 10 $ 125.00 $114.75 Ph sio - Control 11996- 000017 Electrode QUIK -COMBO w /REDI -PAK preconnect PR 2 $ 42.00 $30.00 Ph sio - Control 11996 - 000090 Electrode EDGE QUIK -COMBO RTS PR 2 $ 45.00 $35.00 Ph sio - Control 11996 - 000091 Electrode EDGE QUIK -COMBO Adult PR 2 $ 37.00 $26.00 Ph sio - Control 11996- 000092 Electrode EDGE Fast -Patch Plus PR 2 $ 21.00 $17.00 Ph sio - Control 11996- 000093 Electrode EDGE QUIK -COMBO pediatric RTS PR 2 $ 45.00 $31.45 Ph sio - Control 11996- 000042 lElectrod e QUIK -PACE disposable noninvasive pacing adult PR 2 $ 44.00 $34.50 Ph sio - Control 11102 - 000003 jElectrode QUIK -PACE disposable noninvasive pacing pediatric PR 2 $ 44.00 $34.50 Ph sio - Control 11100 - 000002 jElectrode LIFEPATCH ECG , adult, pregelled 4/ k PK 4 $ 2.00 $1.70 10 The e City wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: OA 1 1 -02 / Detachment Request DATE: April 8, 2011 BACKGROUND: The City of Owasso received a request for the detachment of a 20.05 acre tract located approximately '/2 mile north of E 116th Street North on the east side of North Mingo Road. On January 13, 2003, the Planning Commission approved the annexation for the subject tract. Subsequent to the annexation the owners commenced with rezoning the property to RS -3 with a PUD overlay. On May 10, 2004, the Planning Commission approved OPUD 04 -02 for the property. At that time the applicant intended to develop the property with single family homes, but no final plat was ever submitted. Recently, a property transaction occurred and new owners took possession of the property, John and Judy Dix. Staff has been informed of their desire to use the property as it was prior to the annexation, which was primarily for grazing of horses and that they have no intention to develop the property with single family homes. Therefore, a request to detach the property has been submitted by the current owners. Surrounding Land Use /Zoning Designations Direction Zoning Use Land Use Plan Jurisdiction North AgriAculture Undeveloped Residential Tulsa County Agriculture Large Lot South Residential Single Family Residential Tulsa County AG -R Homes East AgriAculture Undeveloped Residential Tulsa County Agriculture Large Lot West Residential Single Family Residential Tulsa County AG -R Homes ANALYSIS: As stated above, the new owners of the property have no plans for development as was approved with OPUD 04 -02 and recently purchased the land for agriculture related uses (raising of horses). The location of the property is somewhat isolated in terms of its proximity to other adjacent parcels within the City Limits or to those developed at an urban density. The property does not share a contiguous boundary with any other property within the City Limits. Whenever parcels are annexed, the City of Owasso becomes responsible for providing police, fire, and ambulance services. When annexed properties are scattered throughout the region, they become fragmented as opposed to being part of more contiguous portions of the City. This has the effect of making it more expensive to provide services to these areas and may cause logistic issues with respect to providing timely emergency service. Typically, the City of Owasso prefers not to detach property, as it could impede the City's ability to provide orderly and well planned growth. This particular tract, however, is not within what might be considered a critical growth corridor, as it is somewhat removed from the main body of the City. When making a decision to detach property all of the aforementioned factors must be weighed. ANNEXATION COMMITTEE: On March 30, 2011, during their regular meeting, the Annexation Committee reviewed the detachment request and recommended approval to the Planning Commission. OWASSO PLANNING COMMISSION: The Owasso Planning Commission will hear this item at their regularly scheduled meeting on Monday, April 1], 2011. RECOMMENDATION: Staff intends to recommend City Council approval of the detachment request OA 11 -02. ATTACHMENTS: 1. Location Map 2. City Limit Context Map 3. Letter and deed from John and Judy Dix ZO• ON � ��� 1`, M �1111C m JOHN & JUDY DIX PROPERTY I CITY OF OWASSO � 3/18/11 a Legend 0 SUBJECT PROPERTY 0 - North '1'1YTS MAP IS FOR iNPOR NATION YU RPOSL' ONLY AND IS NOT LN "i'EN DED "'I'O i REPRESENT AN ACCURATE AN13 TRUE SCALE. USE OF THIS MAP IS WITHOUT WARRANTY OR REPRESENTATI6N 13Y CYI'Y OF OWASSO OF ITS ACCURACY. 111 N. Main Street P.O. Box 180 Owasso, OK 74055 918.376.1500 11 -+ Legend Dix De-Annexation Ovvasso Cibj Limits Prepared by the Owasso Community Development Department This map is for informational purposes only and is not intended to represent and accurate and true scale map. Use of this map is 1,250' 625 0 1,250 Feet without warranty orrepresentabon bytbe City of Owasso of it's --- accu ra cy. )k OA February 8, 2011 Mr. Rodney Ray Manager City of Owasso, Oklahoma City Hall Re: De- Annexation of land Dear Rodney: Per our conversation at your office prior to the holidays, we have now closed on the 20 acres of land just South of our farm. The former owners, Noble Sokolosky & Tom Kimball, had planned to develop that property into 95 'starter homes' and to facilitate that development asked to be annexed into the City of Owasso and be zoned R53 which was approved by the Planning Commission at that time. They never filed a final plat so that property was never developed. We have now purchased that property from them. As we have no plans to develop that property in that manner, we request the Planning Commission detach the property from within the City Limit boundaries, but remain within the fenceline for the Owasso school district. In other words, allow us to put it back like it was. If we are notified of the date and time this would be heard by the Planning Commission, T would be happy to appear and answer any questions about this request the commissioners might have. I# you need any other information to accompany this request, please contact us. f Jo &)ix C o- Owners Prairie Lone Farm 12221 N. 97th E. Ave. 918 -633 -5029 January 26, 2011 To: All the neighbors with property close to Prairie Lane Farm From: John 6 Judy Dix, Prairie Lane Farm Re: Land Purchase We have purchased the twenty acres directly South of our house..at Prairie Lane'Far. m As you know, many of you joined with us to combat the annexation into Owasso and subsequent rezoning of that property-16- RSI.some,years ago -, after it's purchase.by Noble 5okolosky 4 Tom Kimball.- They submitted a preliminary plat to build 95 `Starter' homes on that .property, but never filed the final plat. While the property is still in the City of Owasso and still zoned R53 as a result of that preliminary .work, .we- wanted to assure'all our neighbors that-- those plans will no longer come to pass And, we wanted you to know our plans for the property. We will be doing some cleanup of trees (some still damaged from the'0 -7 ice storm) fencing, the building concrete from a former owner and even some footings and debris left over from when it was a dairy farm. Next, it is our plan to split off and sell four home lots on the frontage along N. 97th F Ave. (providing we are able to attach to the city's sewer, ,just South of the property)to recover much of the cost of the land. These 1 acre ± or - lots will be severely restricted and should enhance property values in the area. Pending lot split approval by the City or County, they will be configured as individual lots, each with it's own access, rather than platted lots, to better fit in with the character of the neighborhood. We aren't sure yet whether we'll have to do another re- zoning to RS1 for those four lots, but if we do, we hope we'll have your support. We have had preliminary discussion with the Owasso City Manager about 'detaching' or voiding the annexation and those discussions were positive. The remaining lb acres will serve as pastures and additional hay field for our existing horse boarding operation. We will reserve a 50 foot East /West right of way corridor along the North side of the 20 acres for possible future development or access, but we have no plans to do anything but pasture horses or make hay out of any of the remainder of that property (or any of our other property, for that matter) for the foreseeable future. We believe the purchase of these 20 acres has already paid for itself in the lack of possible depreciated value of our other land (as well as yours) which would have occurred if .the .deve.l.oper.'s .plans had gone through, We..hope.this..puts everyone's mind at ease about what's going to happen to that parcel of land. Now, for the disclaimer!. We won't /can't say that these plans are in concrete and won't /can't change and we and up doing something else. But this is our intent for now and do not expect that to change unless economic conditions or needs dictate we do something different. Tf you have any questions about this or any of our other plans, please don't hesitate to drop by and talk to us about it. John A. & Judy A. Dix Co-Owners Prairie Lane FQrM The City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Conditional Final Plat (Final Plat) —Lake Valley IV Extended DATE: April 8, 2011 BACKGROUND: The City of Owasso received for review and approval a conditional final plat (final plat) for Lake Valley IV Extended. This plat is described as an extension to Lake Valley IV, due to the fact it is creating a new lot where none existed before. SURROUNDING LAND USE AND ZONING Direction Zoning Use Land Use Plan Jurisdiction Single Family North RS -3 Residential, Residential Owasso (OPUD 08 -01) Lake Valley IV Single Family South RS -3 Residential, Residential Owasso (OPUD 08 -01) Lake Valley IV Large Lot Single Family East RS- 40 Residential, Residential Rogers Ranch Acres County Estates II Single Family West RS -3 Residential, Residential Owasso (OPUD 08 -01) Lake Valley IV PROPERTY CHARACTERISTICS: The subject property is 0.61 acres in size and is comprised of 3 lots, which are part of the entire Lake Valley IV Development. The request will involve the closure of right of way, which will be conducted as a separate action. The property is served water by Washington County Rural Water District #3, and Owasso sanitary sewer, police, fire, and ambulance service. ANALYSIS: The applicant is requesting the review and approval of the final plat consisting of 3 lots in one block in order to develop one additional lot and modify two adjoining ones as part of the Lake Valley IV development. The proposed change covers 0.61 acres and involves the closure of an unimproved platted right -of -way, and the addition of a reserve area. The use of the property is governed by PUD 08 -01, which allows single family homes. The property adjoins Ranch Acres Estates II to the east, which is comprised of 2.5 acre home sites in Rogers County. The lots sizes in Lake Valley IV are significantly smaller and average 5,500 to 6,000 SF. The final plat for Lake Valley IV was filed in May 2010 and showed a stub street connection on the east property line with East 1 10th Street North, which is designed to Rogers County standards and contains no curb and gutter. Initially, the concern of this re -plat was compromising the number of possible access points for emergency vehicles. However, after reviewing the entire Lake Valley Development, it was discovered that this would not be an issue, as there are other points of access that address this concern. According to the applicant, the residents in Ranch Acres Estates opposed this connection, which would have allowed some traffic to pass through their neighborhood. There is also a large drainage feature between Lake Valley IV and Ranch Acres Estates II, which would have required the construction of a bridge. The proposed final plat provides a 17 foot reserve area, which will allow access to utilities and the drainage feature in Reserve Area A. Additionally, this Reserve Area may also serve to provide a future pedestrian connection. Considering the aforementioned items, staff finds no issues with the proposed plat. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements, including, but not limited to, paved streets, landscaping, and sidewalks. The property will be subject to all payback fees, including Storm Siren fees of $35 per acre. The proposed plat indicates a 17.5' utility easement along the east boundary of the site; a recorded 20' utility easement between lots 2 and 3; and a 20' utility easement along the front of lots 1, 2, and 3. All of the newly configured lots meet all of the bulk area requirements of PUD 08 -01. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is shown for residential uses. OWASSO PLANNING COMMISSION: The Owasso Planning Commission will hear this item at their regularly scheduled meeting on Monday, April 11, 2011. RECOMMENDATION: Staff intends to recommend City Council approval of the Lake Valley IV Extended final plat. ATTACHMENTS: A. Final Plat, Lake Valley IV Extended B. Current Filed Plat for Lake Valley IV C. Case Map �• > y' . 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Oklahoma 74133 916.252.9621 Legend B,L l LVE eulMl,p tin W U/E UIIMry EvemeM Ullly [aamuY Monument Notes A SIB- ala•Uelolmedb -11, a y.11mepkealiceap ganpatl•et312M. M:M 9eall pal MnMarycam.n. pnw ncaMMk, um.w na.a A- Wlv Mrwllh a 1... "Ile cpslampM'11B 125a•tn M sel alall m.0 bl "omwa ak.r compla9on denplovglMgs, uduaa IwIW Basis of Bearings TM1B ewnm,w o M1.a 1h. Ihk 1. Va b..... a>wn,eU M1eerLq I N W °0a1nW a- Ills can Iln el l ha WY1 d 6amkn t0, T -21N, R -14E. aIIM IMan Mandan, na9xs Caway. slap dOklahomA an.rdly le ma O6iciq V.B. Gwemmenl5udrylllxad. Benchmark Tap UI a YB• Iran %n Hm a paaec cap Nampetl WLS 129'aI1M Wsel Qwler Cern.r q SwMn 10, T21H. R -14E. R.pan GUUBy. Slakq IT! am. Elrvelln -602A6 NGVa 1829 Backflow Preventer Valve II IM1e adud IlnbhM Iko,.laedlan 1.IV.wr1 -on. (1) pal above me of Um.k..1 aaM1axaIh. buidersepeoalbtllylo nelall a Ee[k6mv prmngwvMgrearVmhdkBnp. - .acneld.l.wmprwlmwdyamenwa . a,.ee,dae lne aaaem rw.iraab yuaw w.r.,x.rwN.. Planned Unit Development No. OPUD 08 -01 Lake Valley aIV Extended A Subdivision in the City of Owasso, Being a Replat of Lot 23, Block 3, Lot 1, Block 9, Part of Reserve "B ", Part of Reserve "C" and part of East 110th Street North, all in "Lake Valley IV ", Rogers County, State of Oklahoma 41 E. 110th St N iI I i 1* 3o' 1s' 0 3o' So. 9o' SCALE: V = 3m FEET a, z MCLVTFafi LAal Ia.MMXI RrMrCUrrwN SxMaa 10, T1JN. FII -E /ken's COgNr, firth Na,.wiwAa 'I ir\l I � �r�taaeg /nn /y^ I I` 8 �y LAKE VALLEY IV J— w w (Bk 2100, Pg?2r)y IR I u7 ,. } # €g k a < v7 @zI� I JH 4, N90'00170 'E- 149.98' W s i� : :n Z 1 I I . teaak lul. rae. Jat ( °k 210p, Pg 221) �1- k I I u I —r— —EaSt I 'I Vv 6TATE Hk1-Al �r�taaeg /nn /y^ I I Iq 8 �y I J— w w Tw. verr Ntdz. akcr� IR I y 9dld,p Lw a S%'p S 1m -- 5 a . -._ Reserve IIBII ..- - -- S WE 2a Nlly E ,ql r= 1 I I . teaak lul. rae. Jat ( °k 210p, Pg 221) �1- I i I 'I Vv 6TATE Hk1-Al �r�taaeg /nn /y^ I I Iq I J— w w Tw. verr Ntdz. akcr� IR I y I I � Iw 3 Lots - 0.6060 Acres LAKE VALLEY IV I ( °k 210p, Pg 221) a 1„ sww .sNrNS,anm la raa,v ..E Roo. varNauMra,y —r— —EaSt 106th Street North — —— —rw„ssw- ws.a » n, la rzJ.x, wsw�w„raaucN. A 14E, rW.va Lnwxj; SnMNpfpAama ra.sawr a+,aw q 1l , - EMgen Larry, .BNSedg04Niwsaa E. 110th SL N. it �I S ii U Zf— G] W DEVELOPER awya.mr Kourtis Property Management, Inc. k N,eam Pate Kour Presmanl P.O. B Sox 240 Owasso, Oklahoma 74055 916.272.3262 II H Z early, okl.Mm. m Harem c.niylMl xoMS pellMnln9lo Atl Valorem Tavel on IMBecl UaxrA,M ni InUc srcompa,ryl,p pIM.M IIM Nal a11111e M VMOnm Taxn nave aeon wa m.na Imaane 200_, wualae_mra _ _.,xm. Location Map R -l4E Vv 6TATE Hk1-Al J— w w ".7 EA6r IOFIH 6T—T NORTH Seotkm 10 Rogers County 3 Lots - 0.6060 Acres Lake Valley IV Extended Date of Pmparatl— February25, 2011 Sheet 1 of 2 DEED OF DEDICATION LAKE VALLEY IV EXTENDED KNOW ALL MEN BY THESE PRESENTS: Lak. Valley inveslmenl Group, LL C., an Oklahoma limited liability company title'Deweloper'), Is the sole owner of the following described real estate situated in the City of Owasso (the 'City"), Pat County, Oklahoma: A tract of land that is Lot 1. Block 9, a lad lon of Reserve "C', Lot 23, Block 3, and a port,,, of Reserve '@' ail In "Lake Valley IV, a subdivision m the Cly of Owasso, 919111 Count', Slate of Oklahoma according to the official racod@d plat thereof, as filed a Bank 2100, Page 227 In the records of the RIO,ers County Clerk's office. said beet being more pamimarhy described as follows: Beginning at the realhwesl corner of Lot 2, Block 9, "Lake Valley IV', a subdivision in IN City of Owasso, Rogon County, Stale of Oklahoma. according to Iha a Asoal retarded pill thereol, as fled in Book 2100, at Page 227 in the records of the Rogers County Clerk's office; Thence N 00°0000`E along the easterly dght -of -way of North 154" East Avenue to the southwest corner of Lot 22, Block 3, of Said 'Lake Valley W a distance of 176.W feet; Thence N 90"W'W'E along the south line of said Lot 22. contlnuing through and beyond the southeast corner of said Lot 22. a diammeof 149.9Bfeetto Ne cast line of lake Valley IV and the west line of 'Ranch Acres Estates II', a Subdivision In the City of Camma. Rogers County, State of Oklahoma, ccm aging to Iha dlicial recorded plat thereof, as hied in Book 972, Page 257 in the records of the Rogers County Cl,k'a office: Thanca S NY0009"E along the east the of Said lake Valley IV' and along the west line of Said 'Ranch Acres Estates IP a distance of 176.00 feel; Than..S 90°00'OD'W along the north line of said Lot 2, a clean. of 149,99 1. the 'Point of Begnnm,, Said tract captains 26.397 square led or 0.606o acros. The non- Imer.mic hearings for add tract are based m an assumed Iladiing of N00.0706W along the west line of the SW14 of Section 10, T-21 -N. R-1 4-E of the Indian Meridian, Roo,$ Count, Stale of Oklahoma, according to the Official U.S. Government Survey thereof. The Developer has closed the above described tract to be engineered, ahxveyed. sI.k. And platted Into 3 lots, 1 block, and 2 reserve areas In conformity to the eccompanymg plat and survey thereof, which plays made a part hereof (IN 'Plot), and has cauaatl the same to be named Lake Valley N Extended, a soledg a is the City of Owasso, Rogers County, Stale of Oklahoma (Ihe'SUbd'maian7. The Developer does hereby establish that cams, 'common area' IdentBed on the plat to be for the common use and enjoyment of the newer, of Intl In any subd,V,lon Wflhln Lake Valley OPUD 01 -03 Including (without llmilalln) Lake Vag, IV Extended, together with all improvements which my at any lime hereafter be situated thereon Including (withml limitation) drainage facilities and mild improvements, which commm area Is APS.I ally daromed as follows: Reserves "A" and 'B' as shown an the remrdad plat of Lake VaNey IV Exlenom. SmUM 1. Utility Easements and Service 1.1 Utility, 13-Am u, The Developer dedicates to the public, for pudic use re fover, the easements as shown on the plat for the several purposes of constructing, maintaining, operating, repairing, antl replacing any aad all Public uggles, including but not hilted lo, alarm and sanitary s1wW Imes, communicalfim 6nas, electric power lines, cable lelevlaon lines. transformers, pedestals, gas and water lines, together with all fillings antl equipment for each aura facility and any other appurtenances thereto, win the fight of tigress and egress to and upon said eesd amm for the uses and purposes turned. 1.2 Un immarond and Electric and Communical on SAM 1.2.1 Slreetl'Ighlpdes,sandads maybesarvadhymmerground sable, and except as prwld d in the Immediately preceding sentence, dl electric end communication supply lines shall b@ located underground, in the ass nowit -ye re red for genial utility terokes, shown on the attached plat. The Developed! ,he rabyreslncl IheulllRyeasemenashoemand designated on mite accompanying plat to a single supplier of decmcel ff. 1.2.2 All auppWines in the auladMia", including elecol tebphme. "Able teavtston antl gas Imes shall be located underground in the easammee reserved for general ulllily seMces Mash m Me plat of the subdivision SMA. Mil "lalsead trans former, s of supply at secondary wlw9al. may also be Imated to said easements. 12.3 Underground service articles and gas service Imes to dl structures wNCh may be located on all lots n the aubdM,iw may her run from the nearest gas main, SeMco pedestal or bansformer to the point of image delmmiaed by the loat cion and conslmckon of such structure as may be located upon each said lot: provided the upon the inamiahol of such a cable or gas reins line to a particular -W re, the supplier of S,Mae shall thereafter be claimed to have a dedinrow. permanent, and effective right- of-w6 y easement an .aid Id, cwm, ag .1l strip extending 2.5 fed on each aid a of such service cable or line, Welding from the se ped..W1, lrenaformar e,9l mein to the service eMr.- on the structure or a point of moesing. 1.24 The supplier 01 ekclrlo, telephone, cable lelevleiom ad gas es, through Its aulhma,di agents and emphoym$, shall At All IIne: have right al access to All such easements shown on Pie plat to the subdivision or prodded far in this deed of dedication for the purpose of Installing. MaintaWng, removing or replacing any portion of the underground electric, telephone, cable television , gas service faotPoes So Installed by ,I. The suppaerof electric, telephone, carte mievism, also reserve the pmpetual night. privilege and auffrontrym cut down, trim, or "at any Ines and undergrowth on said easement 12.5 The Tawas of each lot in the subdivision shall he responsible for the Protection of the underground electric fadlthes located an his property and shell prevent If. allersllon of garde ar airy, lmmiation aegaity wdm may interfere with said electric, telephone, cede television or file facilities The -pphkr of will be responsible for anomaly maintenance of underground feclhlles, but the owner of each lot in the subdMeion will pay for damage or relocation of such facenes caused or necessitated by acts of such owner or his agents, connectors The margoingcovenaats concerning underground facilities shall be enforceable by the wppiiar of eaddK, mlep ere. cable television or gas service. 1.2.6 The foregoing covenants concerning underground electric, lebph.., me cable xitwi ion ladilies shell be enfor...Macy the supplier of eheclac, telephone or cable telleision service, and the rower of each lot agrees to be bound thereby 1 3 UmAmr ... d Gas SeMm, 13.1 ON pxAr.f,AA service, lhralghieagenls andamt,lms, Shot l At aN limes have Ina right of ccam to all such eas many. shown on the pal or as provided f, in this dead of dedication for the purpose of irog cluing, removing, repairing, or replacing any portim of the IactlNles installed by the supplier of on 1.32 The owner at the lot $hall rte amponsibe for the protection of the undergrwnd gas ladtms located in Ifrek lot and yell prevent the pliant,., of garde or any oth, construction activity which would imerldre wilh the gas service. The supplier of the gas 'ceshallbereOwner s hfor ay for damage .1 rmcedlam factlf s, err the owner shell pay for tlamegp , relocation of .9.nls caused or nice$ „mien dl' ads of the own, er the iN agents or conlrxlora. 1.33 The foregoing covemnis ad lorth to INS paragraph shall be mf ica" le by Iho aupplidal the gas service and the awdof the lot agrees to be bound hereby. 1.34 No warm of a lot shall install propane, other above- ground gas SeMce without the prior written consent of the Developer. 1.4 Water and Sewer Service 14.1 Theowmr of the lot shall L,m,pon,tbhe 1, the protection -fine podia watm and sower males located upan and aiming the properly. 1.42 Within the ul sasementareas depicted onthe adeanpanying plat, the alteration of grade from the wnloor existing upon Ito cumplelbn of the Installation 11 A public water mein , aewer L( my crostrucmn eclivny which would kladere with public water and sewer mains. shag be prohibited. 1.4.3 Washington County Rural Wat, District No 3. ar he successor, Shot be responsible for ordinary maintenance of Public water rent, and the City of Casale, Oklahoma, or its successors, shot be responsible for Ordinary maiammence of pudic Sewer notice that serve ill property, but the owner shall Pay far damage, relecallon of sum Iaclllliea caused, namssilaled by ads of the owner, his agent,, contractors. 1.4.4 The City of Owasso, Oklahoma. and Washington County Rural Water Dialect No 3. or its $uccessors, shall at all lime, hove right of access to all ea at ways depicted on the m accopanying Pal. or dherwise provided for In INS deed of dedic.0da, rd 110 purpose d swelling, malumming, remw,ng or mplacng anyporllon of undergroundwater oreawsr fedig,s 1.4.5 The foregoing covenants set lWh In INS sechon 1.4 shall be enforceode by the City of Owasso Cidahema, and Washington County Rural Water DNtmt No 3, or its s, and the ownm of tfepropertyogrees to be board NM'y 1.5 Landscape and Paving Reoelr. Theowner of-him shall nd responsible G Ill' 'par a mpplraumenl of Any landscaping and PlA g located chin the Why enis In the ¢vent s is hamssay to nepdr any underground waters, sanitary seven a sewers s, storm , electric, natural d a gas, telephone, or ca¢ sysm, SS vic No lot-A, shall Want any trees w shrubbery, in dedicated ulillly a mm enls or rights -of -way watch would potentially endonger, threaten, or harm any utilities located within saitl @elements or rights- of -eMy, If it is determined that any trees , shrubbery located wlhln saitl ease,nanls or nghls-of -way are damagmg Of endangering utilities ,a said eaaenene, the dly or said rural water district shall have the right- remove sled trees cesmultbdy upon live (5) clay. notice thereof At the lot owner's expense, orwitho such lime the Id Owner may remove same. Section 2. Surface Drainage Each Id shall receive and dme , in an unobstructed manner, the storm and surface w'alers from lots and drainage areas of higher Nevalion and Irom public streets andessemenls. No ampartyowner shall consWCl or permit to be conalruclad any fencing a other obstructans welch would impair the drainage Of $term and sumac' waters war and across hen lot, No properly r shag modify or change the dlrere fen of drainage of Surface elarmwaler from the original approved construction plans filed atthe City of Owasso. The pnopeM Owner shall prevent the ateratbn of grade within all easement areas Tram the odonel contours (finish grade), allow arty croshudim activity that may inlerlee with such Public water mains, valves, storm wavers. and/, pubic sanitary sewer facgltks. The coverems set forth in this pamgmph shall W enforceable by any eflecled property owner old by the City of Owasso, Oklahoma S.W. 3. Reserve Maas The Deyeloper does hereby establish and grant an easement ovor the areas designated A. Reserve' for IM purpooes of utilities, al,mwatm d.mahon end /wopen space. The 1e -.tmey bemwoyed. atthe Develop,', ode disereGm, to the add a other third party I, Ue purpose of cmvidlrg uhlityeasehneme and forcible purposes deemed advisable by the Developer a, the assocblion. Ceddn reserve Amex and fence sasaments have also been designated as List easem is and may be used ax Such So long as such Misty usage does rat m mealy intedere with the Derelopers intended use of Such offmal reams and/or fence ...Monte. Msinommee mefromsibilAy of sad reserve areas shell be emended and maintained by the Assodallon antl elf coals shall be borne by the Association. Section 4. Sldel ayn Interior sidewalks shall beconshaded by each property owner n compliance with the engi a erng design sl ,it. d the City d Owasso pilot to final Inspection by the City of Owasso of the house demIrodmn an the Id. Sidew -dies shall be maintained In good repair by the planarity wmer or A,, -,,- Sedidn 5. Peeing and Landscaping warm Easemmm The owner of the lot MAN be respanatble f, repair of damage Io the landscaping and paving accaemed by IN necessary installation of or maintenance to the undargound water, sewer, slam water, gas, ecaramercemn, cable m1wil on, or oil& lacililies Wlhin the easements depicted m the accompanying old. prowdotl however, that It City of Owazso or the supplier of the wilily aen ar ahal use reasonable care in the p¢mormance of such aCuelbs. Sectim 6. The Property Owners' Association Property Owners' Affma-tim: Th. Developer has famed a mutual oci3hon of the eamers of IN lab whirr Valley IV Ex,mm" and adjacent subs ivisions within Lake Valley OPUD 01 -03, which aSsocahm is known as "Lake Valet'14-wavnere' Association, Inc.' Maralmomr Warren to as Ihe'Aseadabon'I in mcwdancawilh the statutes of the Stateol Oklahoma, tl f, the general purposes of maintaining the common mesa, inducting (wtlhod Instation) clJrranonamas, thorn yeationd area, landscaping, lancing. And enhancing Ih¢ vaLe, dasxabiltly and aMxtf .N - legacy of subtliviafms eilhn lake Valley OPW m -03, as wall ae the park area, Playground equipment, swimming pod antl clubhouse/m mmuni y holding located wtlha Lake Valley OPUD 01-03lorthe common use and banal of dl Id-A. within arty obcxv- phase of ON Lake Valley OPUDD 0103 Section 7. Enforcement, Duration, Amendment or Tmmineltm and Saleability 7.1 Enforcement and Duralxln: The res[ddlons herein set forth are c,wn.Is to ru with Ibe land and shall be Uniting upon the undersigned Developer, Its gmntace. aveoessom and assigns and all Parties caimng under it fora period of twiny -live (25) yea a from the dale of radading bemol, her watch it- saitl dexamua $frail be amomalicely extended for successive Periods of ten If 0) years unless amended, Marimaled os hereafter Provided. II the undersigned lot Owner, or Its auCcassors, assign, shall violate any of the cow mare herein, 11 shall IN lawful to, any persona -I t,, A All aJlualad within the In witness wMreat. Lake Valley Investment Group, LLC, an Arrool ton to as" OlAn an action al law or equity against the person or Coahoma bM,lad liability mmemry hemay approval and eaa via the persona violating or attempting to Violate any such covenant, and to Imagdog d¢etl at dedication this _ oat' d 2011. prevent hkhyhm or them Irom so doing or to compel compliance with the covenants or to recover damages for such vgtallons. Lake Valley Investment Grwp, LLC, I Okahoma Im,ted Iladhly campany 7.2 Sm.nmenty: These t1d by iw mwnaniel I, cent wfih the ether documents incorporalm by reference, shall be conslruetl as an icily, By Manage' an,s Properly ally thease. -I me atpacylsion. head, cnt awd Shelf alldity of Management, Incg Oklahoma any phase, plea , prov,sims herein conteinetl shall ngl serve b corporalim.Its Manager an render the before', Ili, instrument Vdtl,, unenlorceabhe, and it, ms shall bethemaltercoesirued a oon s II such phrase, clause or plwi e were not herein mniai,ed, or to otherwise give maximum effect to the intent of the undersigned The mike. al the graces, a any succeseerin title. to $Nor= any given rosldction or covenant. or conditions at any lime, or Irom time 10 lime. shat not be deemed to be a waver or relinquishment of any right or remedy nor a motliirdellon 01 these restrictions and protectivec ..at.. 7.3 Defnilinns In the event of mbiguitydanyward crier, set forth bermn, IN meadrg hided shall be deemed I be defined as act forth within the City of Owasaa Zamng Code as the same existed oa January 1, M03 or AS subsequently amended. By Pub Koads, Pmadenl Slaleof Oklahoma ) County of Tulsa Before me, the mdeagned, Notary Pudic, m and for said Courtyard State anthts day of_, 2011, personalty appeared Pala Kouds, to as known to be IN Identical pdew who executed the laregal instrument as President W211tia Propm Management. III , an Oklahoma corporation, as MenWor If Luke Valley Investment Group LLC., an Oklahoma Inn ed ]]ability company, and ackneekdged to mes flat he executed Im, me AS?* ry act and tloetl, and as the free and wnlunlay act antl deed of such said Company for the uses and paposes therem ad tort,. Given under my hand and sea of once the day and year Iasi above wriffm Susan mosmi, Notary W 18 My ces September re. 0820318 aspires Sep[ember23. 2812. Cmtlftcde If Survey I, J. Wesley Bills. of Tessa Enginoar,ng 8 Pianring Associates, Inc., a prolesslond land sunveynrmpblemdin the Stale of Oklahoma, heeby Cody I, land l hawea,li dlyandaccurst &y the ccm W yicg plot and plated the mIn cl tl Wiley d above, and the the acconp the Q old dealgneled harem s Lice Valley IV Exbam. 1 . r te...m ft. .. City of Gwaased R I to County, able gf Oklahoma, is s relnd e,afn of the survey made c the grmntl using penem. y rarriarntl lend surveying p efic,es and meats or xaeeos the Oklahoma minlnxhm standards for Iha,aclice gl lend surveying ac adopted. J. Wnley BIAS P.LS. Rm,slemd Pmlesamal Land Surveyor l as 1.CY �y Suseof Okmaram I Ot3 C,mtyof T0l,e WIN mo the undam 2011. pearforsaddris, antl state, known to he till metrical person n Itio ly appe,etl J. Wesley Bills, b me promelorml kvd s vam, to II. Ina g.ing eU lea name as regelered rg0in0 cartiliceta of suvey antl andn at ntlgad a me Ihal he ,,,A., t Iha came as his free antl wluntary eat antl Wain fnr the uses and fnirpoaes therein eel IoM. Inwilness whmeof, I have eel my hard antl sell the day antl year last -firm Above my m . 030 0235 ex pires Janu ary 04, 2012. Cart,f cal of Flnd Plat Approval hereby cmify that Info plat wale Approved 1, the Owasso City Commit on this _ dry of -_, wo I By. Slephm Calaudella, May, This apprwai is will it IM shove sgnalure is col endorsed by mho cry clerk. By Cty Clerk Lake Valley IV Extended FaaaaILEGALialhn10,,001 -DOD Sc -LVir Falerbaawae Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com LAKE VALLEY IV EXTENDED LOCATION MAP N W E S + /1 /n OThe City Wit out Limits. TO: Honorable Mayor and City Council City of Owasso FROM: John W. Feary Project Administrator SUBJECT: Tulsa County Interlocal Agreement CIP Street Rehabilitation Program DATE: April 8, 2011 BACKGROUND: The Capital Improvements Fund allows for the expenditure of funds for the repair and /or resurfacing of residential and non - residential roadways throughout the City. Rehabilitation sites have been evaluated and chosen through a comprehensive assessment of roadway conditions (both residential and non - residential). The selection process is aimed at maximizing return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall driving conditions and public safety. In order to maximize the return on investment, the City of Owasso has partnered with Tulsa County for over ten years in order to complete several roadway projects significantly reducing the overall project costs. Through the use of interlocal agreements, the partnership has consisted of the use of County labor and equipment for the paving and /or resurfacing of the selected roadway sections while the City provides the necessary materials for the project. In recent years, an opinion rendered by the Oklahoma Attorney General regarding a state statute would not allow cities over a certain population to enter into interlocal agreements with counties for certain capital improvement projects. Owasso was subject to that ruling until legislation was introduced and signed into law by the Governor in 2010 allowing all municipalities, regardless of population, to enter into interlocal agreements with their respective county governments. PROPOSED ACTION: This year, unique circumstances existed that did not allow Tulsa County to supply the labor and equipment necessary to complete the intersection at 116th and North Garnett. In an amicable compromise, Tulsa County graciously offered to pay for the installation of the product through the existing contractor who performed the base repairs required prior to the asphalt overlay. The proposed agreement provides that Tulsa County will pick up and haul the asphalt at their expense, as well as reimburse the City of Owasso for the labor charges incurred for a contractor to install the paving. In order to formalize responsibilities, a proposed ,Agreement has been drafted with Tulsa County (see Attachment A) that includes the following: • The City of Owasso shall provide traffic control through its authorized agent /contractor • Tulsa County shall provide all necessary trucking, labor cost, and asphalt • Duration of the Agreement shall be for a period equal to the time necessary to complete the project RECOMMENDATION: Staff intends to recommend City Council approval of an Interlocal Agreement between the City of Owasso and Tulsa County for paving assistance related to the E. 116th Street and North Garnett Intersection and authorization for the Mayor to execute the Agreement. ATTACHMENT: A. Tulsa County Interlocal Agreement INTERLOCAL AGREEMENT THIS AGREEMENT, made the day of , 2011, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of Owasso, Tulsa County, Oklahoma, hereinafter called "City ". WITNESSETH: WHEREAS, by virtue of 69 O.S., 1981, Section 1903, the Board of County Commissioners is authorized to enter into agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, by virtue of 74 0. S. §1008, the parties are authorized to enter into a contract for governmental services under the Interlocal Cooperation Act which sets forth the purposes, powers, rights, objectives and responsibilities of the contracting parties; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the County and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of this Agreement shall be from the date of execution of this Agreement until the project is complete. 2. The purpose of this Agreement shall be to provide street resurfacing reimbursement at 116th Street North and North Garnett Road within the city limits of Owasso per the Owasso Street Repair Program. 3. The City shall provide traffic control. 4. The County shall provide trucking of asphalt and labor cost for installation of asphalt. 5. This Agreement shall be effective from and after the date of execution hereof and is intended only for the purpose described in section 2 above. 6. The rights, duties and obligations under or arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other party. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal this day of , 2011. ATTEST: CITY OF OWASSO Sherry Bishop, City Clerk Doug Bonebrake, Mayor APPROVED AS TO FORM: Julie Lombardi, City Attorney BOARD OF COUNTY COMMISSIONERS TULSA COUNTY, OKLAHOMA CHAIRMAN ATTEST: COUNTY CLERK PA n1h.ig o - TO: Honorable Mayor and City Council City of Owasso FROM: John. W. Feary Project Administrator SUBJECT: Acceptance of the CIP Street Rehabilitation Project and Authorization for Final Payment DATE: April 8, 2011 BACKGROUND: The Capital Improvements Fund allows for the expenditure of funds for the repair and /or resurfacing of residential and non - residential roadways throughout the city. In August of 2010, City staff opened bids from two (2) contractors and presented a recommendation to City Council that the contract be awarded to Tri -Star Construction of Tulsa, Oklahoma in the amount of $250,610.00. The City Council awarded the construction contract in September, 2010. The project area consisted of a segment of 126th East Avenue in Elm Creek Estates, the approach at West 10th & Main Street in Original Town, and the intersection of 116th & Garnett. The nature of the work included concrete patches with an asphalt cap, concrete drive approach repair /replacement, and curb and gutter repair /replacement. The scope of work for the East 1 16th Street North & Garnett Intersection was slightly different, in that Tulsa County offered to overlay the intersection if the City of Owasso would perform the above - mentioned base repairs as well as the striping. All scope of work has been completed, with a substantial under run of scheduled quantities of material used, which resulted in a significant under run in cost. FUNDING: Funding for this project is included in the Capital Improvements Fund budget. RECOMMENDATION: Staff intends to recommend City Council acceptance of the contract work and authorization for final payment to Tri -Star Construction in the amount of $48,519.03, resulting in a total cost of $219,120.20 and an overall contract under run of $31,489.80. ATTACHMENTS: A. Final Pay Request ATTACHMENT A APPLICATION AND CERTIFICATE FOR PAYMENT Page One of TO: (Owner) C- Z V I J- owc -SSo Contract Date: of w. tiles'^ 0 Wasp O K 1 4-4 SS Application Date: 3 a 3 FROM: (Contractor) 1 m - Sk-a.c GOA, 4-40 �tooSo�, or.. Z4 I S PROJECT: FY aoo9 . aoto Strc�i�, Period To: Distribution To: Owner Arc itect Contractor Engineer CONTRACT FOR: try doU9 - ao \o S�ru.t tZc �x ti"S a'F �Jarta�,� loci i� GAS I CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. 1. Original Contract Sum $ 3:50 2. Net Change by Change Orders $ Qf 3. Contract Sum to Date (Line 1 & 2) $- a SO, 61 O. 09- 4. Total Completed & Stored to Date $ 0) 19, l a 401 (Column G on Continuation Sheet) 5. Retainage: a. 0 % of Completed Work $ C (Column D & E on Continuation Sheet) - FINAL C fll b. 0 % of Stored Material $ (Column F on Continuation Sheet) Total Retainage (Line 5a & 5b) $ �f Total Earned Less Retainage $ (Line 4 less Line 5 Total) Less Previous Certificates for Payment $ bok.��'� AGREEMENT 0710 00300 - Page 8 of 15 8. CURRENT PAYMENT DUE 9. Balance to Finish, Plus Retainage (Line 3 less Line 5) CHANGE ORDER SUMMARY: Change Orders approved in previous months by OWNER TOTALS Approved this month Number Date Approved TOTALS Net Change by Change Orders $__ $ 3\,7+ .8 9. $% ADDITIONS $ Qr $ DEDUCTIONS i he undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief, the WORK covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CONTRA By: STATE OF OKOMA ) COUNTY OF o e SS ) Date: 3 IRS 1 1 t Subscribed and sworn to before me this a S day of ki pTaR� BRANDY JO HUFF (S f. AVBt�G My Commblion+ roe 'a �otftary Public My Commission Expires: - -�� Commission # AGREEMENT 0710 00300 - Page 9 of 15 ARCHITECT'S / ENGINEER'S CERTIFICATE FOR PAYMENT In accordance with the contract documents, based on on -site observations and the date comprising the above application, the Architect /Engineer certifies to the Owner that to the best of the Architect /s /Engineer's knowledge, information and belief, the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. AMOUNT CERTIFIED $ l'� 1 S I-�, 05 (Attach explanation if amount certified differs from the amount applied for.) ARCHITECT / ENGINEER: By: Date: This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the contractor named herein. Issuance, payment and acceptance of payment without prejudice to any rights of the Owner or Contractor under this Contract. (11_�_ ze ��/ 0710 AGREEMENT 00300 - Page 10 of 15 CONTINUATION PAGE Page 2 of 3 PROJECT: 1005 APPLICATION #: 3 FY 2009 -1010 Street Repairs at Various DATE OF APPLICATION: 03/23/2011 Payment Application containing Contractor's signature is attached. Locations PERIOD THRU: 03123/2011 PROJECT #s: A B C D I E F G H I COMPLETED WORK STORED TOTAL % BALANCE RETAINAGE ITEM # WORK DESCRIPTION SCHEDULED AMOUNT MATERIALS COMPLETED AND COMP TO (If Variable) AMOUNT AMOUNT PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G / C) COMPLETION PERIODS (D + E + F) (C -G) QTY $ AMT 1 Type I Pavement Repari $102,000.00 $95,409.10 $0.00 $0.00 $95,409.10 94% $6,590.90 $85.00 PER SY 1,200.00 1,122.46 0.00 0.00 1,122.46 77.54 --------- - - - - -- 2 ---------------------- --- --- ----- -- - --- --- Type I Pavement Repair (Modified --- ---- -- --- --- -- - - ---- $18,600.00 -- -- -- ---- --- --- - -- --- $22,961.08 -- -- --- -- -- ---- - -- - - -- $0.00 --------------- - - - - -- $0.00 ------------ --- -- - - ----- $22,961.08 --- - -- - --- 123% --------- -------- - - - - -- ($4,361.08) ----------------- Minus Asphalt) $62.00 PER SY 300.00 370.34 0.00 0.00 370.34 -70.34 --------------------------- 3 -------------------------------- ODOT Aggregate Base Type A - --- -- -- -- ---- -- -- - - - -- $5,500.00 --------- -- --- - - - - -- $0.00 --- --- ---- --- --- - -- --- $0.00 --- ---- -------- - - - - -- $0.00 ------------------ - - - - -- $0.00 ---- - - - - -- 0% __---- ---- ---- -- - -- $5,500.00 ----------------- (Bid Purposes Only) $55.00 PER CY 100.00 0.00 0.00 0.00 0.00 100.00 --------- - - - - -- 4 ------------ -- -- -------- --- ------ -- -- -- - -- Class "A" HES (Bid Purposes Only) ----------------- - - - - -- $27,000.00 ---------------- - - - - -- $0.00 ---------------- - - - - -- $0.00 ---------- ------ - - - -- $0.00 ------------------ - - - - -- $0.00 ---- - - - - -- 0% ----------------- - - - - -- $27,000.00 ----------------- $270.00 PER CY 100.00 0.00 0.00 0.00 0.00 100.00 ----------------------------------------------------- 5 ------ Remove and Replace Concrete ----------------- - - - - -- $10,500.00 ---------------- - - - - -- $19,602.30 --------------------------------------------------------- $0.00 $0.00 ------------ $19,602.30 ---- - - - - -- 187% ----------------- - - - - -- ($9,102.30) ----------------- Curb & Gutter $30.00 PER LF 350.00 653.41 0.00 0.00 653.41 - 303.41 -------------------------------------------------------- 6 Remove and Replace Concrete - - - -- ----- ------- - - - - -- $3,500.00 ---------------- - - - - -- $3,759.80 ---------------- - - - - -- $0.00 --------------- - - - - -- $0.00 - ------ ----- ------ - - - --- $3,759.80 - --- - - - --- 107% - ---------------- - - - - -- ($259.80) ----------------- Gutter at Driveway Approach $20.00 PER LF 175.00 187.99 0.00 0.00 187.99 -12.99 --------------------- 7 -------------------------------------- 2" x 6' Asphalt Pavement Edge ----------------- - - - - -- $12,000.00 -------------- ------ -- $0.00 ---- ------------ - - -- -- $14,814.38 --------------- - - - - -- $0.00 ------------------ - - - - -- $14,814.38 ---- - - - - -- 123% ----------------- - - - - -- ($2,814.38) ----------------- Milling $7.50 PER SY 1,600.00 0.00 1,975.25 0.00 1,975.25 - 375.25 -- -- -- --- - - - - -- 8 ---------------------- -- -- -- --- ---- - - ----- Butt Milling ------ -------------- $6,600.00 ---------------- - - - - -- $84.70 ---------------- - - - - -- $5,438.84 --------------- - - - - -- $0.00 ---------- ----- --- -- - - -- $5,523.54 -- -- - ----- 84% - -- -- - -- ---- -- - - - - - -- $1,076.46 ----------------- $11.00 PER SY 600.00 7.70 494.44 0.00 502.14 97.86 ----- ---- - ----- 9 ----------- -- --- ---- ------------- --- -- - --- 2" ODOT Type "B" Asphalt Overlay -- ----- -- -- -- ---- - -- - -- $22,080.00 ---- -- --- --- -- -- - ----- $17,972.20 ------------------- $0.00 ----------------------------------------------- $0.00 $17,972.20 --- ------- 81% ------ ----------- - - - - -- $4,107.80 ----------------- $23.00 PER SY 960.00 781.40 0.90 0.00 781.40 178.60 - -- - - -- .............. 1Q. ------- --- ------ -- -- ----- --- -- -- -- -- CLSM (Bid Purposes Only) ----------------------------------- $300.00 -- $19,791.00 -------- -------- - - - - -- $0.00 ------------ - ------- $0.00 - ------ ---- -- -- -- - -- --- $19,791.00 ---- - -- --- 6597% - ---- --------- -- - - - - --- ($19,491.00) ----------------- $300.00 PER CY 1.00 65.97 0.00 0.00 65.97 -64.97 SUB - TOTALS $208,080.00 $179,580.18 $20,253.22 $0.00 $199,833.40 96% $8,246.61 CONTINUATION PAGE Quantum Software Solutions, Inc. Documen CONTINUATION PAGE PROJECT: 1005 FY 2009 -1010 Street Repairs at Various Payment Application containing Contractor's signature is attached. Locations Page 3 of 3 APPLICATION #: DATE OF APPLICATION: PERIOD THRU: PROJECT #s: 03/23/2011 03/23/2011 A B C D E F G H I COMPLETED WORK STORED TOTAL % BALANCE RETAINAGE ITEM # WORK DESCRIPTION SCHEDULED AMOUNT AMOUNT AMOUNT MATERIALS COMPLETED AND COMP TO (If Variable) PREVIOUS THIS PERIOD (NOT IN D OR E) STORED (G / C) COMPLETION PERIODS (D + E + F) (C -G) QTY $ AMT 11 Special Allowance $15,000.00 $0.00 $5,000.00 $0.00 $5,000.00 33% $10,000.00 $15,000.00 PER LS 1.00 0.00 0.33 0.00 0.33 0.67 --------------------------------------------- 12 4" Wide Yellow Thermoplastic --------------------------------------------- $5,580.00 $0.00 --- ---- -- ---- ------- -- $7,228.80 ---- - - - - -- $0.00 - -- ------------ - - -- - - -- $7,228.80 ---- - - - - -- 130% -- ---- ---------- - -- - -- ($1,648.80) ----------------- Striping $1.20 PER LF 4,650.00 0.00 6,024.00 0.00 6,024.00 - 1,374.00 - - - --- ------------------ 13 ------------------------- - - - - -- 4" Wide White Thermoplastic ---------------- - - - - -- $4,800.00 ---------------- - - - - -- $0.00 ---------------- - - ---- $3,558.00 ----------------------------------------------- $0.00 $3,558.00 --- - - - - -- 74% --------------- -- - --- -- $1,242.00 ----------------- Striping $1.20 PER LF 4,000.00 0.00 2,965.00 0.00 2,965.00 1,035.00 ---- -- --- -- - - -- 14 --------------------------------- --- - - - - -- Thermoplastic Turn Arrows ----------------- - - - - -- $1,600.00 -- --- -------- --- -- -- -- $0.00 -- -- ------------ - - - - -- $2,000.00 --------- --- -- - -- -- -- $0.00 ------------------ - - - - --- $2,000.00 ---- - - - - -- 125% ------------ ----- - - - - -- ($400.00) ----------------- $200.00 PER Each 8.00 0.00 10.00 0.00 10.00 -2.00 - - - - -- - - - - - -- 15 ---------------------------- ---- --- - - - - -- Thermoplastic Test "ONLY" ---------------- - - - - -- $1,500.00 ---------------- - - - - -- $0.00 --------------- - - - - -- $1,500.00 - --- ---------- - - - - -- $0.00 ------------- ----- - - - - -- $1,500.00 ---- - - - - -- 100% -- ---------- --- -- - - - - -- $0.00 ----------------- $300.00 PER Each 5.00 0.00 5.00 0.00 5.00 0.00 -- ---- ------------ 16 -------------------------- - --- ---- ...... 18" Wide Thermoplastic Stop Bar ---- -- ------ -------- $750.00 - ------ - - - - -- $0.00 ---- ----------- - ----- $0.00 ---- ------ ---- - - - - -- $0.00 ----------- --- -- ----- --- $0.00 ---- - - - - -- 0% ----------- ------ - - - -- $750.00 ----------------- $5.00 PER LF 150.00 0.00 0.00 0.00 0.00 150.00 ------- - - - ---- 17 - --------------------------- - - - - -- ------------------------------------------------ 12" Wide Yellow Thermoplastic $1,400.00 $0.00 --------------- - - - - -- $0.00 -------------- - -- --- $0.00 --- --------------- - - - - -- $0.00 ---- - - -- -- 0% - ---- -- --- --- ---- - - - - -- $1,400.00 - - -- - -- ---- - -- -- Striping $4.00 PER LF 350.00 0.00 0.00 0.00 0.00 350.00 -- -------- - - - --- 18 ------------------ ------------------ - - - - -- Type I Pavement Repair --- --- ----------- - - -- -- $11,900.00 -- -- ------- ----- - ----- $0.00 ---------------- - -- - -- $0.00 --- ----- ------- - - - - -- $0.00 ------------------- - - - - -- $0.00 - --- - - - - -- 0% ---- ------------- - -- --- $11,900.00 ----------------- ------- - - - --- ---------------- $65.00 PER SY - -- ---- - - - - -- - -- --- ---- -- ---- -- --- -- - - -- - - ---------- ---- --- - ----- ------- ---- - - - - -- 140.00 ----------------- - - - - -- - -- -- -- ----- -- -- - ---- -- 0.00 - -- ------ ---- - - - --- -•• -- ---- - --------- - - - - -- 0.00 -- ----- ----- --- - - --- -- ------- ---- ----- - -- - -- 0.00 .................................. --------------- - - -- -- 0.00 ------ - - ---- ------- -- --------- - - - - - -- -- ---- -- -- ---- - - - - -- 140.00 - --- - - - - -- ----- -- - -- -- --- --- ----------- - - - - -- - - - -- -- --- - - ---- --------------- -- TOTALS $250,610.00 $179,580.18 $39,540.02 $0.00 $219,120.20 87% $31,489.80 CONTINUATION PAGE Quantum Software Solutions, Inc. Documen CLAIM OR INVOICE AFFIDAVIT STATE OF OKLAHOMA ) COUNTY OF Zoa rS )SS ) The undersigned (Architect, Contractor, Supplier, Engineer or Supervisory Official), of lawful age, being first duly sworn, on oath says that this (Invoice, Claim or Contract) is true and correct. Affiant further states that the (work, services or materials) as shown by this Invoice or Claim have been (completed or supplied) in accordance with the Plans, Specifications, orders or requests furnished to the Affiant. Affiant further states that (s)he has made no payment, nor given, nor donated, or agreed to pay, give, or donate, either directly or indirectly, to any elected official, officer, or employee of the State, County, or City of money or any other thing of value to obtain payment or the award of this contract. or Subscribed ans sworn to before me this day of o a0 Notary Pub is ti My Commission Expires. I Commission #: Architect, Engineer or other Supervisory Official Subscribed and sworn to before me this day of Notary Public My Commission Expires: Commission #: W BRANDY JO HUFF ShdOkW�om� ConrnWbn �xP� 1W X13014 NOTE: Strike out words not appropriate and sign appropriate signature line. Architect, Engineer approval is not required for Contractor or Supplier Affidavit. AGREEMENT 0710 00300 - Page 12 of 15 The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Angela Hess Finance Director SUBJECT: Request for Supplemental Appropriation to Provide Funding for Snow Removal DATE: April 8, 2011 BACKGROUND: During the month of January 2011, the City of Owasso experienced a historic record of snowfall. As a result, snow removal, overtime, and towing of vehicles expenses were incurred greater than the amounts anticipated in the FY10 -1 1 budget. Total costs attributable to the snow event exceed $118,000 and much of that can be absorbed by the current operating budgets. Staff estimates expenses to be $63,057 in total that are not available in the current budget for this snow event. Expenses were incurred by the Streets Department in the amount of $49,584 for personal services, garage parts, and expenses for contracted equipment and labor. Stormwater Management is requesting $11,000 for street sweeping expenses incurred as part of the cleanup effort, and the Police Department is requesting $2,473 for wrecker services that were paid for towing fees of citizen's vehicles that were abandoned due to the amount of snow received. Vehicles were towed to a centralized location for safety purposes. A request for FEMA Reimbursement has been submitted. It is anticipated that a portion of the expenses will be reimbursed as a result of the area receiving a Major Disaster Declaration. Notice was received stating Governor Fallin has sent the declaration to the President. The first declaration was for the entire State of Oklahoma. However, the most recent declaration is for the specific counties affected. The declaration is for the first storm (1 /31 / 1 1 to 2/5/11) only. Expenses of $90,332 have been submitted to FEMA for consideration. Up to 75% could be reimbursed by FEMA. PROPOSED ACTION: Funding for the supplemental appropriation in the amount of $52,057 is requested from the General Fund Reserves, and $11,000 from the Stormwater Fund Reserves to increase the appropriation for expenditures that occurred as a result of the January 2011 winter event. However, it is anticipated that the City of Owasso would be reimbursed by FEMA for a percentage of the expenditures. Requests include the following departments: General Fund ➢ Streets $ 49,584 ➢ Police $ 2,473 Stormwater Fund $11,000 RECOMMENDATION: Staff intends to recommend City Council approval of a supplemental appropriation from reserves, increasing the appropriation for expenditures in the General Fund by $52,057 and in the Stormwater Fund by $11,000, in order to provide funding for expenses that occurred as a result of required cleanup created from the winter storm event of January 2011. Aft TCity out Limits. . TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Ordinances Containing Amendments to Part 10, Crimes and Offenses, of the Owasso Code of Ordinances and Part 15, Traffic and Vehicles. DATE: April 8, 2011 BACKGROUND: Staff is currently making preparations to publish the Owasso Code of Ordinances online from the City's website. Prior to making the Code available online, staff has determined that several parts, chapters and sections within the Code are in need of amendment or repeal. In some instances, applicable state law serving as the authority and foundation for an ordinance has changed thereby requiring amendment of that ordinance. Other ordinances within the Code are either outdated, inapplicable or in opposition to common custom or practice and not enforced. Recognizing that the Code of Ordinances governing the City of Owasso should be as current and consistent with both state law and actual practice as possible, it is desirable to discern where revisions and updates are necessitated within the Code and make changes before the Code is made accessible online. Revisions to the specific sections within Part 10, Crimes and Offenses, are recommended prior to online publication: 10 -206 TAMPERING WITH OR DAMAGING PUBLIC UTILITIES, LARCENY: This section prohibits any person from damaging or tampering with public utilities including water, gas and electric. The proposed amendment would add cable equipment to the list of utilities. 10 -209 THROWING OR PLACING ADVERTISING ON STREET AND VEHICLES PROHIBITED The proposed amendment would add a prohibition against placing circulars, handbills or other paper advertisements on vehicles. This section is intended to prevent, or at least reduce, the volume of litter within the City of Owasso. Advertisements placed upon vehicles quite often are blown off the vehicle by the wind or are tossed on the pavement by the vehicle's driver. In either case, these circulars, advertisements and handbills become litter on the City's streets. 10 -213 DAMAGING, DESTROYING TREES PLANTS OR FRUIT, TRESPASS: The proposed wording changes to this section are quite minor and are an attempt to modernize language throughout the Code of Ordinances whenever possible. 10 -301 DISTURBING THE PEACE: Sub - section (4) under this provision is recommended for repeal. The offense of indecent exposure is covered adequately in Section 10 -406 entitled "Nudity, Improper Dress, Indecent Exposure." 10 -306 CARRYING WEAPONS AND EXCEPTIONS; TRANSPORTING CONCEALED HANDGUNS: Amendment to sub - section (B) is proposed removing the specific dollar amount of the fine and replacing it with language stating the fine shall be in an amount specified by state law. 10 -403 DRUG PARAPHERNALIA: A revision to sub - section (A) is proposed which allows for potential renumbering of the corollary state law. Additional amendments to sub - sections (B) and (C) would add the selling of drug paraphernalia as an unlawful act to this section which currently prohibits possession or delivery of such paraphernalia. 10 -414 BEING ABOUT A PLACE WHERE GAMBLING IS GOING ON: Repeal of this section in its entirety is recommended. Ordinances of this type have been deemed unenforceable and void for vagueness by the federal courts. In general, criminal penalties for merely being near a place where gambling or other prohibited act is taking place are not enforceable and subject the City and its police officers to potential liability if a person is arrested pursuant to this section. 10 -502 LAWFUL USE OF FORCE: This ordinance substantially mirrors its corollary state statute. Revision was made to that state statute several years ago removing language such as "idiot," "lunatic" and "insane." It is recommended that the City likewise amend its ordinance with the language adopted by the State. The City Council approved an ordinance in March, 2011 amending Part 15 of the Code of Ordinances governing traffic and vehicles. An additional revision to Part 15 is proposed to clarify the requirement that all persons operating motor vehicles within the City of Owasso possess a valid driver's license. 15 -211 POSSESSION OF VALID DRIVER'S LICENSE REQUIRED; EMPLOYING UNLICENSED CHAUFFEURS: The Police Department has requested amendment of this section to clarify that all persons driving on City streets must have a valid driver's license. Currently, the ordinance provides that a driver must have an "unrevoked or unsuspended" driver's license. While this is true, the current wording does not contemplate the possibility that a driver may have no license whatsoever. Therefore, proposed revisions to sub - section (A) clearly establishing that a driver must have a valid license are recommended. Prohibitions against driving with a suspended or revoked license are also additionally covered in 15 -212. Additional revisions have been made to sub- section (C) of 15 -211 replacing references to operator and chauffeur licenses with designations to class A, B, C and D licenses in keeping with revisions to State law. 2 PROPOSED ACTION: Adoption of proposed ordinances amending Part 10, Crimes and Offenses, Sections 10 -206, 10- 209, 10 -213, 10 -301, 10 -306, 10 -403. 10 -414 & 10 -502 and Part 15, Traffic and Vehicles, Section 15- 21 1 of the Owasso Code of Ordinances. RECOMMENDATION: Staff intends to recommend City Council approval of the proposed ordinances. ATTACHMENT: A) Proposed Ordinance amending Part 10, Crimes and Offenses B) Proposed Ordinance amending Part 15, Traffic and Vehicles 3 CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 2, OFFENSES AGAINST PROPERTY, CHAPTER 3, OFFENSES AGAINST THE PUBLIC, CHAPTER 4, OFFENSES AGAINST HEALTH, WELFARE AND MORALS, AND CHAPTER 5, OFFENSES AGAINST PERSONS, SECTIONS 10 -206, 10 -209, 10 -213, 10 -301, 10 -306, 10 -403, 10 -414 & 10 -502 OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING INDIVIDUAL SECTIONS AS SET FORTH BELOW. THIS ORDINANCE AMENDS PART 10, CHAPTERS 2, 3, 4 & 5 OF ORDINANCES BY AMENDING THE SECTIONS NAME SHOWN. SECTION ONE (1): Part Ten, C of the Code of Ordinances apparatus, meter I electric meter or m connection belo electrical system, and proper registra- of the citvn, CITY OF OWASSO CODE kND TO BE CODIFIED AS TO -WIT: Property, nded as r onne isconnect, molest, injure, i , any telephone pole or n ereto, or any water, gas or wire, cable equipment, conduit or f water, gas, cable equipment or vance to prevent or affect correct ot apply to officers and employees Vowning or operating such water, cable ne of duty. lawful authority, make any splice, tap or other pipe or other service furnished to the residents of firm or corporation operating in the city under a C. Any with intent to defraud, makes or causes to be made any pipe, wire, cable a ent or other instrument or contrivance and connects the same or causes the same t be connected with any pipe or cable provided for the purpose of conducting water, er gas or cable service, or with any wire or other electrical conductor provided for the purpose of conducting electricity, so as to conduct such gas, water, cable equipment or electric current, to a point where the same may be consumed, without its passing through meters provided for registering the quantity consumed, or in any manner so as to evade payment therefore, whether the gas, water, cable service or electrical current is furnished through a meter or not, shall be guilty of an offense. Every person who, with like intent, injures or alters any gas, electric, er water meter or cable equipment, or obstructs its action, is guilty of an offense. SECTION 10 -209 THROWING OR PLACING e DVERTISING ADVERTISEMENTS ON STREETS AND VEHICLES PROHIBITED It is unlawful for any person to throw, leave or deposit, or cause to be thrown, left or deposited upon any automobile, street, alley, sidewalk or other public area, any handbill, circular, or other advertisement Gd °~+Sing FnG#o. SECTION 10 -213 DAMAGING, DESTROYING TREES, PLANTS OR FRUIT; TRESPASS It is unlawful for any person to willfully cut down, root up, sever, injure or destroy any fruit tree, shade or ornamental tree, cultivated root, plant, vine, hrub or bush whatever, which is the property of another, standing on or attachektoand of another, or to pick, destroy or carry away, th°r�vr'n or in any way interfany part of the fruit on the tree thereof, or to trespass on the premises of anot ut the consent of the owner or person in charge. SECTION TWO (2): Part Ten, Offenses and Cri Public, of the Code of Ordinances of the City as follows: SECTION 10 -301 DISTURBING THE PEACE A. It is unlawful to disturb of the acts set out in Subsection B B. Disturbing the peace is the would foreseeably alarnlidIRMIrb the es against the I be amended another or others by doing any in such a manner as vulgar, threatening, violent 5. *e,.'._ tin - pistol or any other deadly weapon, whether loaded or not, at any oc . or persons either in anger or otherwise; 6. Holding an unlawful assembly of two (2) or more persons, including being assembled together and acting in concert, to do any unlawful act against the peace or to the terror of others or preparing for or moving toward such acts, or otherwise assembling unlawfully or riotously; 7. Interrupting any lawful assembly of people by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of assembly or within hearing distance thereof; 8. Making unnecessarily loud, offensive noises; 9. Disturbing any congregation or assembly of persons meeting for religious worship by making noise, by rude, indecent or improper behavior, by profane, improper or loud language, or in any other manner, either within the place of worship or within hearing distance thereof; or 10. Committing any other act in such a manner as to unreasonably disturb or alarm the public. SECTION 10 -306 CONCEALED HANDGUN A. It is unlawful for any person, except those per ihorized by law, to carry upon or about their persons or in their vehicles any wedW d1qft kind usually known as slingshot, bowie knife, dirk knife, switchblade knifel ' ype k nife having a blade which opens automatically by hand pressure ap o a button, or other device in the handle of the knife, loaded cane, billy, nuckles, or an Lt offensive or defensive weapon, excluding firearms, the c which is governe ate law. B. Any person stopped pursuant to a g violation who is transporting a loaded pistol in the motor vehicle without concealed handgun permit authorized by the Oklahoma Self se Act or lid license from another state, whether the loaded firearm is conc en in t hicle, shall be issued a traffic citation in the amount specified by s a firearm improperly. IggliftLon to th of ' M person may addition d fora r viol of law. costs, for transporting in this ordinance, the C. When Is arresting JWer dete ' es that a valid handgun license exists, pursuant to the O ma S e Act any provision of IGy law from another state, for any perso t any firearms permitted to be carried pursuant se s t be confis unless: 1. Thep is a d for violating another provision of law other than that forth in subs e n (B his ordinance; provided, however, if the person is n charged wit n offe e pursuant to this paragraph or if the charges are dis or the pers is acquitted, the weapon shall be returned to the person. 2. lWoffic,s probable cause to believe the weapon is: a. itraband; or b. a firearm used in the commission of a crime other than a violation of subsection (B) of this ordinance. C. Nothing in this section shall be construed to require confiscation of any firearm. SECTION THREE (3): Part Ten, Offenses and Crimes, Chapter Four, Offenses against the Health, Welfare and Morals, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended as follows: 3 SECTION 10 -403 DRUG PARAPHERNALIA A. For the purpose of this section, "drug paraphernalia" means all equipment, products and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the state Uniform Controlled Dangerous Substances Act, SeEtiens ` 101 et suet Title —63—ef in the Oklahoma Statutes, hereinafter referred to as "the act ", and adopted by reference herein. It includes, but is not limited to those equipmt r ducts and materials specified in Section 2 -101.1 of Title 63 of the Oklahoma St as that section may be renumbered in the future, on drug paraphernalia. B. It is unlawful for any person to use, sell, drug paraphernalia to plant, propagate, c compound, convert, produce, process, pre contain, conceal, inject, ingest, inhale, or controlled substance in violation of the act. C. It is unlawful for any pi manufacture with intent to deliver, where one reasonably should knc grow, harvest, manufacture, cot analyze, pack, repack, store, a introduce into the humaadMh6ca c other publicatio reasonably should promote the sale of intent to use or sell, hkst, manufacture, repack, store, th an body a with intent to deliver, or t, or under circumstances int, propagate, cultivate, process, prepare, test, Est, inhale, or otherwise on of the act. in any newspaper, magazine, handbill, or g, or under circumstances where one advertisement, in whole or in part, is to for use as drug paraphernalia. SECTION FOUR (4 )11) gr#�T6fi, Offenses and Crimes, Chapter Five, Offenses against Persons, of the Code of Ord�ndnces of the City of Owasso, Oklahoma, shall be amended as follows: SECTION 10 -502 LAWFUL USE OF FORCE To use or to attempt to offer to use force upon or toward the person of another is not unlawful in the city in the following cases: 1. When necessarily committed by a public officer in the performance of any legal duty, or by any other person assisting him or acting by his direction; 4 2. When necessarily committed by any person in arresting one who has committed any felony, and delivering him to a public officer competent to receive him in custody, 3. When committed either by the party about to be injured, or by any other person in his aid or defense, in preventing or attempting to prevent an offense against his person, or any trespass or other unlawful interference with real or personal property in his lawful possession; provided the force used is not more than sufficient to prevent such offense, and that the same shall be necessary for the self- defense of his person or property; 4. When committed by a parent or authorized age guardian, master or teacher, in the exercise of a lawful 4u't child, ward, apprentice or scholar, provided restraint o necessary by the misconduct of such child, ward, ap to obey the lawful command of such parent or aut ri d a teacher, and the force used is reasonable in man nd mo 5 When committed by servants of such carrier, or by any person as any carriage, interurban car, vessel or other a lawful and reasonable regulation prescri vehicle has first been stopped an rc the offending passenger, with a rea my parent, or by any restrain or correct his has been rendered holar, or by his refusal Lquardian, master or or the aufhlWd agents or equest, in elling from Ps'sLger who refuses to obey :onduct of passengers, if such more than is sufficient to expel kkrsonal safety; and ed by any-`on in preventing a person who is impaired or developmental disability as defined by the Oklahoma ne person or other person of unsound mind, including ved of reason, from committing an act dangerous to ier, r enforcing such restraint as is necessary for the restoration to health, during such period only as shall be rity for the restraint or custody of the person. SECTION FIVE (5): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION SIX (b): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION SEVEN (7): 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 EIGHT (8): CODIFICATION The City of Owasso Code of Ordinances is hereby amended as shown above and codified in Part 10, Chapters 2, 3, 4 & 5 as sectionsl0 -206, 10 -209, 10 -213, 10 -301, 10 -306, 10 -403, 10 -414 & 10 -502. PASSED by the City Council of the City of Owasso, Oklahoma � day of , 2011. o e DougdEMbrake, ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this Z i 2011. CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 2, ENFORCEMENT, SECTION 15 -211, POSSESSION OF VALID DRIVER'S LICENSE REQUIRED; EMPLOYING UNLICENSED CHAUFFEUR, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THAT SECTION AS SET FORTH BELOW. THIS ORDINANCE AMENDS PART 15, CHAPTER 2 OF THE CITY OF OWASSO CODE OF ORDINANCES AS SHOWN BELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLA%QMA, THAT, TO -WIT: SECTION ONE (1): Part Fifteen, Traffic and Vehic ter Two, Enforcement, Section 15 -211, Possession of Valid Driver's License uire ploying Unlicensed Chauffeur, of the Code of Ordinances of the o Owass lahoma, shall be amended as follows: SECTION 15 -211 POSSESSION OF VALIJi IVER'S LICENSE REQUIRL'tiEMPLOYI A. No person shall o I, any motor a on the streets the h�T ighwGys without hGViRg a valid driver's lice rani liner! by the Irv\Aic of the sta unle uch is spe Ily exempt from such laws by the provisions thereof. person atin veh a on the streets shall have the valid license in his session es. ierson charged with violating this section shall b vict f he o produces in court a rhpre- i, licens d to him er that afd valid at the time of h-is the arrest. B. No perso all o for icle in any manner in violation of any restriction t ay b in icense issued to him with respect to the type of, ech I control devi s required on a motor vehicle or any other restri pplica the see as the state may determine. No person sh mplW permit to remain in his employment as a chauffeur or drive motor vehic alcula`ted to be driven upon the streets, alleys, roads, public places or to places n to public use within the corporate limits of the city, any person not the h r and in the lawful possession of a valid epere#er's er r-hr~ cla B, D license as may be required by state law. State Law Reference: Driver's licenses, 47 O.S. Section 6-101. SECTION TWO (2): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of the conflict only. SECTION THREE (3): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FOUR (4): 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 FIVE (5): CODIFICATION The City of Owasso Code of Ordinances is hereby amended as shown above and codified in Part 15, Chapter 2, section 15 -211. PASSED by the City Council of the City of Owasso, Oklahoma day of ,2011. e - ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form a ke, Ma Julie Lombardi, City A 2 2011. The City Witout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Amendment of Part 9, Licensing and Business Regulations DATE: April 8, 2011 BACKGROUND: Staff has recently reviewed the current structure and organization of Part 9 of the Code of Ordinances governing Licensing and Business Regulations. This review was prompted by the extremely complex schedule of fee licensing and growing concerns regarding the possible issuance of solicitor permits to individuals with a criminal record. In addition, the growing number of inquiries regarding ordinances regulating mobile food vendors has raised concerns that the City's Code of Ordinances does not adequately address public health and safety concerns which may arise with these types of vendors. Consequently, staff is in the process of drafting proposed additions and amendments to the ordinances in Part 9 governing solicitors and mobile food vendors. CHAPTER 1, SOLICITORS: Consolidation: Currently, the licensing of door -to -door solicitors and other mobile vendors is regulated under Chapter 1 of Part 9 through a complicated fee structure containing twenty -five (25) different categories, many of which are noticeably out -dated and inapplicable in current times. As a result, determining which category applicants fall under is often frustrating and staff has concerns that fee schedules are inconsistently applied from one applicant to the next. The proposed structure relating to solicitors and other mobile vendors would repeal the current fee schedule and consolidate all twenty -five (25) categories under a section entitled "Solicitors." Canvassers, peddlers, and solicitors would all be classified as solicitors. Requirements to be Added: The proposed structure would require an application from individuals desiring to solicit within the city limits of Owasso. In researching surrounding communities, staff determined that most cities require solicitors to submit applications containing sufficient information for staff and the police department to verify that: 1) individuals making application have no outstanding warrants, 2) qualified businesses have appropriate tax documentation, 3) appropriate physical descriptions of individuals requesting solicitation permits and their corresponding vehicle information have been provided, and 4) the individuals do not have convictions for certain types of crimes for the preceding seven (7) years. The proposed amendments prevent individuals from obtaining licenses who have been convicted of felonies or misdemeanors involving moral turpitude during the preceding seven (7) years. Prohibited Acts: The proposed amendments would move penalty regulations to a new section entitled "Prohibited Acts." Hours of solicitation would remain unchanged with door -to -door solicitation allowed between the hours of 9:00 a.m. and dusk. The proposed amendments would also specifically prohibit individuals from soliciting at residences and dwellings where "No Trespassing" or "No Soliciting" signs are clearly posted. Violations of such notices serve as grounds for immediate revocation of any solicitor's license. License Period and Fee Schedule: The current Code provides a complicated and outdated categorization and fee structure which makes it difficult for staff to consistently charge similar fees to door -to -door solicitors. The proposed amendments repeal these complex sections and establish a streamlined fee structure. CHAPTER 2, ITINERANT VENDORS: Currently, no changes are proposed for Chapter 2, "Itinerant Vendors." Staff believes it appropriate to continue review of this chapter in coordination with the Community Development Department to ensure that current processes are in accordance with Code and accurately describe the process through which interested individuals must proceed. CHAPTER 3, MOBILE FOOD VENDORS: Over the past several months, staff has received numerous inquiries relating to the operation and licensing requirements for ice cream trucks, hot dog carts and other mobile food vending services and has determined that a section within the Code of Ordinances addressing this issue is necessitated. Proposed ordinances governing mobile food vendors would, among other things, define different types of mobile food vendors, establish application requirements and specify fees to be assessed for food vendor permits. Proposed amendments are largely based upon the current requirements of the Tulsa County Health Department relating to mobile food vendors. The fees included in the proposed amendments have been based upon the rates currently assessed in surrounding municipalities. The proposed amendments additionally implement a requirement that individuals and businesses seeking to obtain mobile food vending licenses provide copies of Health Department certifications, and tax licensing documentation. These requirements will enable staff and the police department to ensure that all businesses are operating legally and safely. CHAPTER 4, LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER: Under the current code, licensing of businesses for the sale and serving of alcohol and 3.2 beer is contained within the chapter regulating solicitors and other mobile vendors. The proposed amendments will relocate all alcohol and 3.2 beer licensing provisions to a separate chapter. This will allow rules and regulations governing sale and serving of alcohol to be more easily found and identified by interested individuals, businesses, or applicants. REPEAL OF CHAPTER 3, "BILLIARDS," AND CHAPTER 5, "PENALTY. ": The proposed amendments would repeal out -dated chapters and regulations within Part 9 as part of the overall "clean -up" of the City Code. Specifically, staff proposes repeal of current Chapter 3, "Billiards," and current Chapter 5, "Penalty." The provisions within Chapter 3 governing billiards are un enforced regulations carried over from earlier versions of the City 2 Code. Recognizing that the information contained within Chapter 5, "Penalty," will be covered under "Prohibited Acts" for solicitors in the amended ordinances, that chapter is thereby rendered unnecessary. FUTURE ACTION: Staff will present proposed amendments of Part 9, "Licensing and Business Regulations," to the City Council for review and consideration at the May work session. 3