Loading...
HomeMy WebLinkAbout2011.05.10_Worksession AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL RECEIVIE TYPE OF MEETING: Special DATE: May 10, 2011 MAY 0'3 2011 TIME: 6:00 p.m. ~HI~C,a PLACE: Old Central Building City 109 N. Birch 0*__~ 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, May 06, 2011. Sherry Bisho ity Clerk AGENDA Call to Order Mayor Bonebrake 2. Discussion relating to Operational Items Mr. Lehr Attachment # 2 A. Review of bids for dredging of Three Lake Pond B. Proposed Ordinances - 953 nunc pro tunc and 962 nunc pro tunc C. Proposed Re-zoning - Approximately 2.4 acres located in the general area of 8523 N 125th E Ave D. Proposed Utility Easement Closure - Lake Valley IV Discussion relating to City Manager Items Mr. Ray Attachment # 3 A. Proposed resolution related to the Garnett Regional Detention assessment rate B. Discussion relating to 76th Street Sanitary Sewer Interceptor C. Proposed Amendments the City of Owasso Code of Ordinances - Part 9, Business Licensing, Solicitors and Mobile food Vendors; and Part 9, Business Licensing, Massage Parlors D. Proposed appointments to Citizen Boards and Commissions E. Presentation related to the Annual Water Quality Report F. City Manager Report 1. FY 201 1-2012 Budget Proposal 2. Sales Tax Report 3. OWRB Loan - Santa Fe Lift Station 4. Oklahoma Municipal Assurance Group (OMAG) Board Elections 4. Report from City Councilors 5. Adjournment ?Th city Wit soul Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Roger Stevens Public Works Director SUBJECT: Recommendation for Contract Award Three Lakes Pond Maintenance Project DATE: May 6, 2011 BACKGROUND: The Three Lakes Pond was constructed in 1977 as part of Three Lakes Addition, and serves as an integral part of the City of Owasso stormwater detention system, along with the vacant land surrounding the pond. The pond is owned by the Three Lakes Home Owners Association and is located south of E. 86th Street North behind the retail area containing Blockbuster, Shell Gas Station, Goodwill Store, and Homes Unlimited offices. In 2005, the Owasso Stormwater Master Plan, completed by Meshek and Associates, recommended improvements to the Three Lakes pond due to inadequate detention storage necessary for fully urbanized conditions. Over time, the footprint of the pond has been reduced due to bank degradation and silt deposits from upstream erosion. As a result, the pond's detention volume and flood plain storage has been significantly reduced. In 2010, City staff met with the Three Lakes Home Owners Association and acquired a temporary construction easement. Once the easement was obtained, the City of Owasso Engineering Division began a design to address the removal of silt and re-establishment of the pond bank in order to increase detention volume and flood plain storage. ENGINEERING AND DESIGN: The project is divided into three phases due to the Engineer's estimate that the total project, as recommended in the Stormwater Master Plan, has an approximate cost of $700,000. In order to address the initial phase of improvements, the Engineering Division determined the base bid for Phase I should include the removal of 3.5 feet of silt from the northeast section of the pond. In addition, four alternate bids were designed that would remove additional silt in one foot increments to further reduce the possibility of algae growth and other aquatic plants. Phases II and III will address continued removal of silt from the remaining areas of the pond, as well as the expansion of the pond itself. The engineering estimate included $118,357 for the Base Bid and $72,638 for the four alternate bids, for a total engineering estimate of $190,995. SOLICIATION OF BIDS: In March 2011, the engineering design was completed, and an advertisement for bids was published in accordance with state statutes. The bid opening occurred in April with a total of six contractors submitting bids. The bid amounts are as follows: Bidder Base bid Alt 1 Alt 2 Alt 3 Alt 4 Total bid Earth Smart Construction $99,600 $12,000 $12,000 $12,000 $12,000 $147,600 Cherokee Pride Construction $94,750 $18,000 $18,000 $18,000 $18,000 $166,750 TRI-STAR Construction $116,500 $16,000 $16,000 $15,000 $14,000 $177,500 Summit Civil Contractors $144,000 $17,600 $16,600 $15,600 $14,800 $208,600 Ira M. Green Construction $279,500 $13,000 $12,000 $10,000 $10,000 $324,500 Duncan & Sons $229,644 $38,430 $49,824 $46,992 $44,208 $409,098 The City Engineering staff completed a Bid Tabulation, and Earth Smart Construction was determined to be the lowest qualified bidder. FUNDING: Funding in the amount of $120,000 is available for this project in the Stormwater Fund. Based on the amount of available funding, the staff is recommending award of the base bid work and alternate #1 (an additional foot of silt removal) to Earth Smart Construction. It's important to note, that the remaining two phases will be constructed at a later date as funds become available. RECOMMENDATION: Staff intends to recommend City Council award Project contract, including the base bid and Incorporated in the amount of $111,600. Phase I of the Three Lakes Pond Maintenance d alternate 1, to Earth Smart Construction, ATTACHMENT: A. Site Map THREE LAKES POND MAINTENENCE PROJECT CITY OF OWASSO SITE MAP Legend 1 1 l N. Main Street P.O. Box 180 0 Owasso, OK 74055 North 918.376.1500 5 2/201 Nor The City Witai~t ~im3ts. TO: Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Ordinance No. 953 and 962 Nunc Pro Tunc DATE: May 6, 2011 BACKGROUND: On January 7, 2010 Ordinance #962 was recorded in Tulsa County. On December 7, 2009 Ordinance #953 was recorded in Tulsa County. These two ordinances relate to a project known as the Encore at Elm Creek, an +/-18 acre planned unit development comprised of commercial and multi-family residential uses located at the northwest corner of 1 l 6th Street North (SH-20) and 145th East Ave. Ordinance #953 involved the annexation of the property and Ordinance #962 recorded the zoning on the property as OPUD 09-01, with underlying zoning of multi-family residential and commercial general zoning districts. On December 9, 2009 the Tulsa County Assessor's office brought to the attention of the City Planner an error with Ordinance #953 (Annexation Ordinance). On March 10, 2011 this error, which apparently had not been resolved, was again brought to the attention of the Community Development Department by the Tulsa County Assessor's Office. The error was associated with the fact that the legal description for boundary did not close and that the boundary extended into a portion of Section 9, Township 21 North, Range 15 East. On March 10, 2011 it was also brought to the attention of the Community Development Department that there was an error associated with Ordinance #962 (Zoning Ordinance), which also involved an incorrect legal description. In order to correct ordinance No. 962 and 953, staff prepared revised legal descriptions for each and included these descriptions within a new corrective ordinance called nunc pro tunc - literally, "now for then." In order for the change to be effective, the nunc pro tunc ordinance must be approved, thereby replacing the previous ordinance that had an erroneous legal description. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 962 and 953 Nunc Pro Tunc. ATTACHMENTS: 1. Legal Description 2. Ordinances No. 962 and 953 Nunc Pro Tunc CITY OF OWASSO ORDINANCE NO. 953 Nunc Pro Tunc AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4, SE/4) OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 14 EAST AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF (NE/4,NE/4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE. WHEREAS, pursuant to the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, the City of Owasso is permitted to annex additional territory providing a petition in writing, signed by not less than three-fourths of the legal voters and owners of not less than three- fourths (in value) of the property hereinafter described, the same being contiguous to the corporate limits of the City of Owasso, requesting that said property be annexed and added to the City of Owasso is submitted; and WHEREAS, notice of the presentation of said Petition was given by the Petitioner by publication in the Owasso Reporter, a newspaper of general circulation published in the City of Owasso, Oklahoma, and notice was given that said Petition would be considered by the City Council of the City of Owasso, at a meeting to be held on November 17, 2009 at 6:30 PM at Old Central, Owasso, Oklahoma; and WHEREAS, on the 171" day of November, 2009, said Petition was duly considered by the City Council and was determined to have complied with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and further, that proper legal notice of presentation of said petition had been given. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, Section 1. That the following described territory lying in Tulsa County, Oklahoma which is contiguous to the present corporate limits of the City of Owasso and described in the petition presented to the City Council in accordance with the provisions of Title 11, Section 21-103, et seq., of the Oklahoma Statutes, and more particularly described as follows, to-wit: A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER (SE/4 SE/4) OF SECTION FOUR (4) TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST AND A PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF (NE/4,NE/4) OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE INDIAN BASE & MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4 SAID POINT BEING THE POINT OF BEGINNING; THENCE S 01°19'46" E ALONG THE EASTERLY LINE THEREOF A DISTANCE OF 40.00 FEET TO A POINT OF THE SOUTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 20 IN SECTION 9; THENCE S 88°44'45" W ALONG SAID LINE A DISTANCE OF 355.28 FEET; THENCE N 01 °19'46" W A DISTANCE OF 470.68' FEET; THENCE S 88°40'14" W A DISTANCE OF 378.51 FEET; THENCE N 01 019'46" W A DISTANCE OF 889.91 FEET; THENCE N 88°45'54" E A DISTANCE OF 733.79 FEET TO A POINT ON THE EASTERLY LINE OF SAID SECTION 4; THENCE S 01 019'46" E ALONG SAID LINE A DISTANCE OF 1319.85' FEET TO THE POINT OF BEGINNING. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be anc are hereby extended to include the above described territory and real estate. Section 2. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 3. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 4. 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 5. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 6. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance, together with an accurate map of the territory hereby annexed. PASSED AND APPROVED this day of May, 2011. Doug Bonebrake ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM AND CONTENT: Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 962 Nunc Pro Tunc AN ORDINANCE APPROVING ZONING APPLICATION NUMBER OPUD-09-01 CHANGING THE ZONING OF PROPERTY LOCATED IN SECTION 4, TOWNSHIP 21 NORTH, RANGE 14 EAST, TULSA COUNTY, OKLAHOMA, FROM AN AG AGRICULTURE DISTRICT TO AN OPUD 09-01 WITH AN UNDERLYING ZONING DESIGNATION OF MULTI-FAMILY RESIDENTIAL AND COMMERICAL GENERAL DISTRICTS, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for rezoning of the property herein described; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested rezoning of application OPUD 09- 01. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section 1. The zoning classification of the following described property, as a tract of land in the Northwest Quarter (NW/4) of Section Four (4), Township Twenty-One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Rogers County, State of Oklahoma, According to the U.S. Government Survey Thereof, Being more particularly described as follows, to-wit: Beginning at the Southeast corner of said Section 4; Thence South 88°44'45 West along the Southerly line thereof a distance of 405.28 feet; thence North 01°19'46" West a distance of 430.68 feet; thence South 88°40' 14" West a distance of 378.51 feet; thence North 01°19'46" West a distance of 889.91 feet; Thence North 88'45'54" East a distance of 733.62 feet to a point on the Easterly line of said Section 4; Thence South 0 1°19'46" East along said line a distance of 1319.846 feet to the point of beginning. Said tract containing 805,660.91 S.F. or 18.495 acres more or less be, and the same is hereby zoned from AG Agriculture District to OPUD 09-01 with an underlying zoning designation of Multi-Family Residential and Commercial General Districts. Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. Section 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance. Ordinance No. 962 Nunc Pro Tunc PASSED AND APPROVED this day of May 2011. Doug Bonebrake ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM AND CONTENT: Julie Lombardi, City Attorney ~__The City Witiout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: A request to rezone approximately 2.431 acres containing part of Elm Creek subdivision DATE: May 6, 2011 BACKGROUND: The City of Owasso has received a request from Brad and Karla Boyd for the review of a rezoning application for approximately 2.431 acres. The general location of the subject property is 8523 North 125th East Avenue. The applicant is requesting consideration and appropriate action to rezone the subject property from Residential Single-Family (RS-3) District to an Office Light (OL) District for the purpose of constructing a dental office. The property is currently unplatted. SURROUNDING LAND USE/ZONING DESIGNATIONS: Direction Zoning Use Land Use Plan Jurisdiction Commercial Shopping North Commercial Owasso General CG Center Residential Single Family South Residential Owasso RS-3 Residential Commercial East Ministorage Commercial Owasso General CG Residential West Townhomes Commercial Owasso RM-1 ANALYSIS: The applicant is requesting an Office Light (OL) zoning designation to allow for the future development of a dental office. The request offers an excellent opportunity to provide a transition use between residential uses and commercial uses. Elm Creek Estates lies to the south of the subject property, while more intense commercial uses are to the north. The requested zoning change is found to be in accordance with the Owasso Land Use Master Plan, which indicates OL as an appropriate zoning. Any development that occurs on the subject property must adhere to all subdivision, zoning and engineering requirements including but not limited to paved drives, storm water detention, sidewalks and landscaping. Sanitary sewer service, water service, fire protection and EMS will be provided by the City of Owasso. Letters were mailed to surrounding property owners within 300' of the subject property and the notification was published in the Owasso Reporter. OWASSO PLANNING COMMISSION: The Owasso Planning Commission will hear the rezoning request at their regularly scheduled meeting on Monday, May 9, 2011. RECOMMENDATION: Staff intends to recommend City Council approval of OZ 1 1-02. ATTACHMENTS: A. Location Map B. Land Use Plan Map 7 C Q 1 V m E86STN w N Subject Property 8 i 5 -8 ILL N N L 8 T w E8 I L4 E -q OZ 11-02 May 9, 2011 Rezoning RS-3 to O L Prepared by the Owasso Community Development Department N This map is for informational purposes only and is not intended to represent and accurate and true scale map. Use of this map is 450 225 0 450 Feet without warranty or representation by the City of Owasso of it's accuracy. I OZ 11-02 Land Use Plan 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 450 225 without warranty or representation by the City of Owasso of it's accuracy. 0 Land Use Plan - Commercial - Industrial Parks j j Residential Transitional May 9, 2011 450 Feet A The City- yYitlCJUt Limits. TO: Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen Community Development Director SUBJECT: Partial Utility Easement and Right-of-Way Closure Request DATE: May 6, 2011 BACKGROUND: The City of Owasso has received a request from Charney, Buss, and Williams, P.C. for the closing of public right-of-way and a portion of a utility easement in the Lake Valley IV development between Lot 23, Block 3 and Lot 1, Block 9. On April 11, 2011 the Owasso Planning Commission reviewed and approved the Conditional Final Plat for Lake Valley IV Extended, and the City Council subsequently approved the same request on April 19, 2011. The request was approved subject to addressing the Technical Advisory Committee (TAC) comments, one of which was to officially close the right-of-way and utility easement described above. This process will ensure that the future owners of the lots within Lake Valley IV Extended will have clean titles to their property. The right-of-way exists in paper form only and does not exist physically. The Lake Valley IV Extended final plat also reconfigured the utility easement, which necessitated the need to close the one that was filed with the original Lake Valley IV Final Plat. The Technical Advisory Committee reviewed the request at their April 27, 2011 meeting. No comments or concerns were expressed at the meeting. The Planning Commission will review this item at their May 9, 2011 meeting. RECOMMENDATION: Staff intends to recommend City Council approval of the utility easement closure and right- of-way closure request for Lake Valley IV ATTACHMENTS: 1. Location Map 2. Legal Description Exhibits Owasso Public Works Department Engineering Div. P.O. 180 Owasso, OK 74055 f 918.272.4959 www.cityof6~vasso.corn LAKE VALLEY IV EXTENDED LOCATION MAP N W E s Exhibit "A" Z m O Z Location Map R-14-E CW, ST ATE HIGHWAY 20 w W > Q a I G w Z W Q a H o x p EAST 106TH STREET NORTH Unp aY d Section 10 Rogers County t ~...7'.@IE.9;. ( Chfsl nel faire. ; II Cnesllwl Fdrtns I li~.ch m Lake ValleY.', Lako v:~~y %nv 1I ~ n~llm lake II I Aues Vtliq Ldke Ealalaa ll I ValivY III Ur.~latlrA -2 3 15e S..J 2..rll tir,~flll 3.,infl: T 21 N 7777 i i 4 East 110th Street North "Point of Beginning" _ N 90°00'00"E - 129.98' 149.99' 5' 'Utility Easemnerit Line Table No. Bearing Distance L1 S 00°00'09"E 20.00' L2 N 90°00'00"E 20.00' L3 S 00°00'00"W 7.00' CLOSURE OF UTILITY EASEMENT (BOOK 1841, PAGE 878) "LAKE VALLEY IV" (BOOK 2100, PAGE 227) Fhone:918-252-9621 Fax: 918-250-4866 N Date: 03/21/2011 Tulsa r,n ineerin & Tannin£' Associates, Inc. ~ ~ Job No: 11-001.01 673 J South 85tk Last Avenue Tuisa, Qkia{,oma 7+153 Scale: 1" = 40' ~r~riff~ote of /~~L6o~tz:,ao~N~. 531 R=~=,+,I pat~,J,~~3o,zoll UA I I -uu I vw uuuwgs I I -VU 1.U I r-sml v ac.°Wg, 3/L /ZU11 - 11:19 AM Exhibit "B" Legal Description for Closure a Portion of Utility Easement (Book 1841, Page 878) A tract of land located in 110th Street North, Lot 1 and Reserve "C", Block 9, "Lake Valley IV", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, Book 2100, Page 227, as filed in the records of the Rogers County Clerk's office, being more particularly described as follows: Beginning at the northeast corner of Reserve "C", Block 9, "Lake Valley IV"; Thence S 00°00'09" E along the east line of Reserve "C", Block 9, "Lake Valley IV" a distance of 20.00 feet ; Thence S 90°00'00" W a distance of 149.99 feet; Thence N 00°00'00" E a distance of 27.00 feet; Thence N 90°00'00" E a distance of 20.00 feet; Thence S 00°00'00" W a distance of 7.00 feet; Thence N 90°00'00"E a distance of 129.98 feet to the "Point of Beginning". Said tract contains 3,140 square feet or 0.0721 acres. CERTIFICATE: I, J. Wesley Bills, of Tulsa Engineering & Planning Associates Inc., certify that the attached legal description closes in accord with existing records, is a true representation of the right of way as described, and meets the minimum technical standards for land surveying of the State of Oklahoma. J. Wesley ills LAND S 1135, State of Oklahoma H J. WESLEY G C Date: C> 3 ''Li - 2 o► t U) BILLS L.S. 113,5 Tulsa Engineering & Planning Assoc. Inc. C. A. No. 531 01CLAH00 Expires: June 30, 2011 Tulsa r ngineering & Planning /-associates, Inc. Job No: 11-001 P6737 South 85th East Avenue Tulsa, 00ahoma 741 33 Scale: N/A Phone:918-752-9621 Fax:918-250-4566 I~ (1 Date: 03/21/2011 C «e+6a,- „k q t z.,e , No. s31 K---1 pat, J„.. 3o, zot 1 ~J uarn-uui%miscawgmi i-uuimI tsmt vac.awg, 3/21/2011 - 11:21 AM -~4 t 1-2007-001750 Book 1841 PS: 878 `,pray,,, 01130/2007 8:15 am Pg 0878-0888 `,~~J~TY ctF9 Fee: $ 33.00 Doc: $ 0.00 ,`~c,°,.; % t% Peggy Armstrong - Rogers County Clerk State of Oklahoma Ju. F a NON-EXCLUSIVE UTILITY EASEMENT °o i- ,'.•'o;~` KNOW ALL MEN BY THESE PRESENTS: That the undersigned Pete Kourtis, President of Kourtis Property Management, Inc., an Oklahoma corporation and manager of Lake Valley Investment Group, L.L.C., an Oklahoma limited liability company, hereinafter called Grantor(s), the owner of the legal and equitable title to the following-described real estate, for and in consideration of the sum of TEN AND NO/ 100 ($10.00) DOLLARS, and other good and valuable considerations, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, transfer, and convey to the Public, hereinafter called Grantee, its successors and assigns, a perpetual NON-EXCLUSIVE UTILITY EASEMEN'T' through, over, under, and across the following-described property: See Exhibit "X' for the purpose of permitting the construction of all public and franchise utilities thereon, through, over, under, and across said property, together with all necessary and convenient appurtenances thereto; and to use and maintain the same and of affording the suppliers of such public and franchise utilities, their officers, agents, employees, and/or all persons under contract with them, the right to enter upon said premises and strip of land for the purpose of surveying, excavating for, constructing, operating, repairing, and maintaining of such construction. The suppliers of such public and franchise utilities are hereby given and granted exclusive use of said above-described premises for the purposes aforesaid and Grantor, for itself and its heirs, administrators, successors and assigns, covenants and agrees that no building, structure, fence, wall or other above-ground obstruction will be placed, erected, installed or permitted upon the above-described land; and further covenants and agrees that in the event the terms of this paragraph are violated by the Grantor or any person privity with it, such violation will be promptly corrected and eliminated immediately upon receipt of notice from said suppliers of such public and franchise utilities, or said suppliers shall have the right to remove or otherwise eliminate such violation, and Grantor, its heirs, administrators, successors and assigns, shall promptly pay the actual cost thereof To HAVE AND TO HOLD such NON-EXCLUSIVE UTILITY EASEMENT unto the Public, forever. IN WITNESS WHEREOF, the said Grantor(s) has/have executed this document on this day of 32007. Lake Valley Investment Group, L.L.C., an Oklahoma limited liability company 7w15a- neer"n9 Qtan'hf ny ASSpGiaye-5 ~ 73 r7 5. 74"t v'e.. Iwlsu, o/~~yi~3 By: Kourtis Property anagement, Inc. an Oklahoma corp ration, its managert By: Pete Kourtis, President Date: F'.Tata\NIISC12004-2005\05037A.002 Utility Easement to Public.doc Page 1 of 2 :1-2007-001750 Book 1841 Pg:880 01/30/2007 8:15 am P90878.0888 Fee: $ 33.00 Doe: $ 0.00 Peggy ArMst a of Ro ermCounty Clerk e I I . of Beginning" Tract B "Point of Beginning" Tract A "Point of Beginning" UepYtl CM~NO Fcm psa bb [Yw t-N v:rFa i.:. up s v-r, aaw-~ wF+'-r East 106th Street North 20-FOOT NON-EXCLUSIVE UTILITY EASEMENT LAKE VALLEY II Tulsa F,ngineering & rianningAssociates, inc. Job No: 05-037A j 6737 5outk 89th East Avenue Tulsa, Oklahoma 7+133 Scale: 1" = 400' I 7 f'honc:918-252-9621 ax 16-250-43o`c 9 ~ Date: 01/12/2007 Civil F Sincwing- Land rJurveying-Land Planning R-1D.1.A- 1W7 1 of 9 G:148.0nMIseDwgst08-037EXOt,dwg, 1 /1 812007-1:56 PM a Exhibit "A'ITract B "Point /__7_ \ 1-2007-001750 Book 1841 Pg: 882 0113012007 8:15 am Pg 0878-0888 Fee: $ 33.00 Doc: $ 0.00 Peggy Armstrong - Rogers County Clerk State of Oklahoma Continued from 2 of 9 Exhibit "A" Thence S 37°36'30"W a distance of 13.36 feet to a point of tangent curve to the left; Thence along said tangent curve to the left with a central angle of 37°36'04", a radius of 150.00 feet, and an arc length of 98.44 feet; Thence S 00°00'26"W a distance of 205.56 feet to the "Point of Beginning" of Tract A. Tract B A tract of land located in the SWA of Section 10, T-21-N, R- 14-E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being more particularly described as follows: Commencing at the southeast corner of "Lake Valley", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, Book 1748, Page 0734, as filed in the records of the Rogers County Clerk's office; Thence S 89°59'34"E along the south line of the SW/4 of Section 10, T-21-N, R -14-E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof a distance of 762.51 feet; Thence N 00°00'26"E a distance of 589.55 feet to the "Point of Beginning" of Tract B, said point being a point of non-tangent curve to the right; Thence along said non-tangent curve to the right with an initial tangent bearing of N 09 °40'35"W, a central angle of 66°36'04", a radius of 25.00 feet, and an arc length of 29.06 feet; Thence N 20°47'36"W a distance of 11.57 feet; Thence N 69°12'24"E a distance of 10.00 feet; Thence S 20°47'36"E a distance of 10.88 feet to a point of non-tangent curve to the left; Thence along said non-tangent curve to the left with an initial tangent bearing of N 67'19'53"E, a central angle of 079' '03 a radius of 250.00 feet, and an arc length of 31.49 feet; 20-FOOT NON-RESTRICTIVE UTILITY EASEMENT LAKE VALLEY 11 Continued on 4 of 9 Tulsa I nginecring & Planning Associates, Inc. Job No: 05-037A lep 4757 5cutli 85th East Avenue Tulsa, Oklahoma 74133 Scale: 1"= 400' 6ne:918-z3z-96z1 rax-916-z50-4560 Rate: 01/12/2007 Civil F ngincering. Lend 5urvc5ing. Land (Tanning C.<Mde..~~.,f ~i,l{H,ri.n4„n lJo. +)i ft<K..1 Day. J~<,xwl 3 of 9 G:105.0371MisrDwgs105-037EX01.dwg. 1 /16/2007 -1:55 PM 1-2007-001750 Book 1841 Pg:884 01/3012007 8:15 am Pg 0878-0888 Fee: $ 33.00 Doc: $ 0.00 Peggy Armstrong - Rogers County Clerk State of Oklahoma Continued from 4 of 9 Exhibit "A" Thence S 29128'22"E a distance of 20.00 feet to a point of non-tangent curve to the left; Thence along said non-tangent curve to the left with an initial tangent bearing of S 60131'38"W, a central angle of 22'55'08", a radius of 580.00 feet, and an are length of 232.01 feet; Thence S 37°36'30"W a distance of 398.62 feet to a point of tangent curve to the left; Thence along said tangent curve to the left with a central angle of 25101'22", a radius of 230.00 feet, and an arc length of 100.45 feet; Thence S 12135'08"W a distance of 74.59 feet to a point of tangent curve to the right; Thence along said tangent curve to the right with a central angle of 01116'02", a radius of 420.00 feet, and an arc length of 9.29 feet to the "Point of Beginning" of Tract C. Tract D A tract of land located in the SW/4 of Section 10, T-21-N, R-14-E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being more particularly described as follows: Commencing at the west quarter corner of Section 10, T-21-N, R- 14-E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, said point being also the northwest corner of "Lake Valley", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, Book 1748, Page 0734, as filed in the records of the Rogers County Clerk's office; Thence S 89°56'28"E along the north line of the SW/4 of said Section 10 being also the north line of said "Lake Valley" and also partially along the south line of "Chestnut Farms", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, Book 1077, Page 0363, as filed in the records of the Rogers County Clerk's office a distance of 1,833.35 feet; Thence S 00103'32"W a distance of 542.17 feet to the "Point of Beginning" of Tract D; Thence S 42124'17"E a distance of 20.00 feet; 20-FOOT NON-RESTRICTIVE UTILITY EASEMENT LAKE VALLEY 11 Continued on 6 of 9 Tulsa Engineering & FlanningA55ociates, Inc. Job No: 05-037A G 6737,5out685th ff_a5kAvcnuc Tuiba,0k1ahoma 74133 U Scale: 1"= 400 rhonc:918-252-90'2( Fax:918-25o-4566 linnta, nil19/9nn7 G.\(35-0371M(scDwgs\05-037EX01.dwg, 1/16/2007 - 1:58 PM 1-2007-001750 Book 1841 Pg:886 01/3012007 8:15 am Pg 0878-0888 Fee: $ 33.00 Doc: $ 0.00 Peggy Armstrong - Rogers County Clark State of Oklahoma Continued from 6 of 9 Exhibit "A" Thence along said tangent curve to the left with a central angle of 5412470", a radius of 175.00 feet, and an arc length of 166.17 feet; Thence N 06°48'37"W a distance of 20.00 feet to the "Point of Beginning" of Tract E. Tract F A tract of land located in the SWI4 of Section 10, T-21-N, R-14-E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, being more particularly described as follows: Commencing at the west quarter corner of Section 10, T-21-N, R-14-E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof, said point being also the northwest corner of "Lake Valley", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, Book 1748, Page 0734, as filed in the records of the Rogers County Clerk's office; Thence S 89°56`28"E along the north line of the SW/4 of said Section 10 being also the north line of said "Lake Valley" and also partially along the south line of "Chestnut Farms", a subdivision in the City of Owasso, Rogers County, State of Oklahoma, according to the official recorded plat thereof, Book 1077, Page 0363, as filed in the records of the Rogers County Clerk's office a distance of 1,758.76 feet; Thence S 00°03'32"W a distance of 231.04 feet to the "Point of Beginning" of Tract F, said point being a point of non-tangent curve to the right; Thence along said non-tangent curve to the right with an initial tangent bearing of N 49'20'3 1 "E, a central angle of 40°39'29", a radius of 250.00 feet, and an arc length of 177.40 feet; Thence N 90°00'00"E a distance of 89.93 feet; Thence N 00°00'00"E a.distance of 11.00 feet; Thence N 90°00'00"E a distance of 10.00 feet; Thence S 00°00'00"E a distance of 11.00 feet; 20-FOOT NON-RESTRICTIVE UTILITY EASEMENT LAKE VALLEY 11 Continued on a of s Tulsa Engineering & rlanningA55ociates, Inc. Jab No: 05-037A P6757 South 55th Last Avenue Tulsa, ()klak- 79+155 Scale: 1" - 400' Fkone:915-Z5Z-967_1 rax:91a-z5o-4966 Date' 0111212007 Civil engineering. Land Sunreging. Lane{ Funning I1 `\1 r~ncf~~e f ~w4u w 1>1 R--1D.m JmgIW7 7 of 9 G:105.0371MiscDwgs105.037EXOI.dwg,1/1612007 - 1:55 PM 1-2007-001750 Book 1841 Pg: 888 01130/2007 8:15 am Pg 0878.0888 Fee: `S 33.00 Doc: $ 0.00 Peggy Armstrong - Rogers County clerk State of Cklahoma Continued from 8 of 9 Exhibit "A" Thence S 90°00'00"W a distance of 7.90 feet; Thence S 00°00'00"E a distance of 59.00 feet; Thence S 90°00'00"W a distance of 476.56 feet to a point of tangent curve to the left; Thence along said tangent curve to the left with a central angle of 409929", a radius of 230.00 feet, and an arc length of 163.21 feet; Thence N 40°39'29"W a distance of 20.00 feet to the "Point of Beginning" of Tract F. Said tracts contain a total area of 58,518 square feet or 1.3434 acres. The non-astronomic bearings for said tracts are based on an assumed bearing of N 00 °07'05"W along the west line of the SWA of Section 10, T-21-N, R-14-E of the Indian Meridian, Rogers County, State of Oklahoma, according to the Official U.S. Government Survey thereof. CERTIFICATE I, J. Patrick Murphy, of Tulsa Engineering & Planning Associates, Inc. and a Professional Land Surveyor registered in the state of Oklahoma, hereby certify that the foregoing legal description closes in accord with existing records and is a true representation of the real property as described. w.~ 10 7PAZICK Date Patrick Murphy, MURPHY Oklahoma P.L.S. No. 1511 O P. [ S. 1511 20-FOOT NON-RESTRICTIVE UTILITY EASEMENT N k LAKE VALLEY II - Tulsa ELngincering & Flanning Assaciatcs, Inc. Job No: 05-037A U j 67375ou'h 83t6 FastAvenue Tulsa, Qkle6oma 74133 Scale: 1" a 400' Phones: 918-29Z-9lZ 1 fax, 918-zso-466 I\ Il Date: 01/12/2007 Civil Engineering. Land surveying. Land Flannina ~ \J CRf+fi.I.J a6tu tionN-+1f tZ--1D-,rJ--mz007 9 of 9 G:105-037\MISCDWOs105.037EXOt.dwg, 1/1612007- 1:56 PM The City Vvit,au; LirnifS. TO: The Honorable Mayor and City Council City of Owasso FROM: Angela Hess Finance Director SUBJECT: Assessment Rate Garnett Detention Facility DATE: May 6, 2011 BACKGROUND: On September 18, 2007, the City Council approved a proposed concept and City Ordinance No. 903 for the construction and financing of a regional detention facility located on the southwest side of E. 96th Street North and N. Garnett Road. The concept included acquisition of the property (purchased August 21, 2007), an ordinance to require a fee in lieu of detention for undeveloped property within the drainage basin, design and construction of the detention facility, and financing of the project through a Revenue Anticipation Note issued by the OPWA. Funding for the project has been provided through two sources: OPWA Revenue Anticipation Note 2007: Approved by OPWA Resolution No. 2007-10 for an amount not to exceed $3,500,000 Oklahoma Water Resources Board (OWRB) Clean Water SRF Loan 2009A: Approved by OPWA Resolution No. 2009-10 in an amount not to exceed $1,920,000 Following the issuance of the series 2009A Clean Water SRF Loan, the City received notification from the OWRB that it had been approved for the full principle ($1,785,000) to be forgiven through the American Recovery and Reinvestment Act (ARRA) of 2009. DETENTION FACILITY ASSESSMENT FEE: Ordinance No. 903 authorized the City Council to reduce or waive the assessment fee due to special circumstances of a particular development. However, a condition of accepting Federal funds through the ARRA is that any fee or rate be applied equally to all customers. Owasso City Ordinance No. 957, passed and approved on December 1, 2009, made mandatory that the assessment would be for all customers developing property within the drainage basin, with no possibility of waiving fees due to special circumstances. In March of 2009, the engineering design for the Garnett Regional Detention Facility was completed by Meshek and Associates. The City Council subsequently awarded a construction contract to Cherokee Builders in the amount of $1,525,006 at the December 1, 2009 City Council meeting, and construction began January 1], 2010. The construction phase of the project is now complete and the contractor will be maintaining the site until spring of 2011, at which time the final plantings will be available and installed. This project will be completed within the scheduled budget. PROPOSED ACTION: Given that construction of the Garnett Regional Detention Facility has been completed, further action is required by the City Council to approve a Resolution to establish the mandatory assessment rate in lieu of detention for all of the undeveloped property in the drainage basin. The City Council is asked to consider the following payback calculation for each property developed in the Assessment Area. Payment of this assessment will be mandatory and may not be waived or reduced. Payment of fees will be due upon the approval of a final plat. The total number of acres included in the Assessment Area is 118 acres, with the total cost of the project coming to $3,753,496. As such, the mandatory assessment fee per acre has been calculated to be $31,809 per acre or $0.73 per square foot. RECOMMENDATION: Staff intends to recommend City Council approval of a Resolution establishing the per square foot assessment rate for the Garnett Regional Detention Assessment Area per the City of Owasso Code of Ordinances, Section 18-601. The City Wit,aut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Proposed Ordinance Amending Part 9, Licensing and Business Regulations, of the Owasso Code of Ordinances DATE: May 6, 201 1 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 growing concerns regarding the issuance of solicitor permits to individuals with a criminal record and the extremely complex schedule of fee licensing. 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. Finally, the majority of municipalities have adopted ordinances regulating the establishment and management of massage parlors, even if there are no active massage parlors operating within the city or town. While it may appear cautionary to preemptively adopt ordinances of this type, it is difficult to enact policies regulating a particular type of business once a problem has arisen. 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 I ave 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. The proposed ordinance 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, tax licensing documentation. These requirements will enable staff and the police department to ensure that all businesses are operating legally and safely. CHAPTER 4 USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS: No changes are proposed for Chapter Four (4). CHAPTER 5 PENALTY: The proposed amendments would repeal the current Chapter Five fitled Penalty and rename this chapter 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 2 regulations governing sale and serving of alcohol to be more easily found and identified by interested individuals, businesses, or applicants. CHAPTER 6 MASSAGE PARLORS: Staff proposes to add a new chapter to this section containing regulations governing massage establishments and therapists. While there are no known massage establishments currently operating in Owasso, the majority of cities in Oklahoma have preemptively adopted ordinances governing massage parlors to ensure that standards regulating these types of businesses are in place when future development occurs. The proposed ordinance exempts massages performed by persons employed by hospitals or in the healthcare field, as well as barbers and cosmetologists performing massages for cosmetic or relaxation purposes. The ordinances require persons performing massage therapy or operating a massage establishment to submit an application for a license with an application fee. Upon receipt of the application, the City of Owasso will request a background check be performed by the Owasso Police Department. Applications shall be denied or revoked if the applicant has been convicted of a felony, a sexual offense, assault and battery, or domestic violence. A process to appeal the denial of a license is also included. The proposed ordinance would additionally require the massage establishment to visibly display its license; keep records of employees, treatments, and clients; and notify the City of a change in location. Finally, this section would grant the City access for inspection purposes to ensure that all requirements mandated by the ordinance are being met. PROPOSED ACTION: Review and consideration of the proposed ordinances amending Part 9, Chapters 1, 3, 5 and 6. These ordinances will be brought before the City Council again for consideration at the June, 2011 work session. ATTACHMENT: A. Proposed Ordinance Amending Part 9 of the Owasso Code of Ordinances B. Current Part 9, Chapters 1, 2, 3, 4 & 5 of the Owasso Code of Ordinances 3 CITY OF OWASSO, OKLAHOMA PROPOSED ORDINANCE AN ORDINANCE RELATING TO PART 9, LICENSING AND BUSINESS REGULATIONS, CHAPTER 1, OCCUPATIONAL LICENSES GENERALLY, CHAPTER 2, ITINERANT VENDORS, CHAPTER 3, BILLIARDS, CHAPTER 4, USED MOTOR VEHICLE DEALERS & AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS AND CHAPTER 5, PENALTY, OF THE CODE O~#INANCES OF THE CITY OF OWASSO, OKLAHOMA. THIS ORDINANCE AMENDS PART 9 OF THE CITY OF OW AMENDING THE SECTIONS NAMED ABOVE AND TO BE C49 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SECTION ONE: Part Nine, Licensi Occupational Licenses Generally, of the Oklahoma, shall be amended as follows: CHAPTER ONE SHALL BE AMENDED SOLICITORS: Section 9-101 Section 9-102 Section 9-102 Sec -105 Secti 106 Section Section 9- Section 9-10 Section 9-110 Section 9-111 Section 9-112 Section 9-113 Section 9-114 al AS S IFIED uired Required kevocation of License DE OF ORDINANCES BY ED OWN BELOW. OKLAHO 'qq111kkHAT, TO-WIT: 'Regulations' pter One, es of the Ci f Owasso, AND RETITLED FROM NINE, CHAPTER ONE, Licelff Period and Fee Schedule Tr "r of License Prohibited cement of Lost License lay of License evocation or Denial of License, Appeal Agriculture Exemptions Non-profit Exemption SECTION 9-101 DEFINITIONS For the purpose of this Section, the following terms shall have the meanings herein ascribed: 1, License: The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise 1 a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. 2. Solicit: Includes any one or more of the following a. Selling or offering for sale, or taking or attempting to take orders for the sale of goods or services of any kind character or description; b. Requesting directly or indirectly contributions of funds on the plea or representation that such contributions will be used for a charitable purpose c. Canvassing or peddling as defined in th' tion. 3. Solicitor: Any person who solicits for himself other person. 4. Canvass: Opinion sampling, poll-t n prose g, or other similar activity from house to house, door to door, street et, or from to place. 5. Canvasser: Any person who e es in canvassing in peI r himself or any other person. 6. Peddle: To travel from house to h oor to door, street to street, or place to place, carrying, conveyi transportin ods, wares, or merchandise for the purpose of offering and exposin e for sale. 7. Peddler: Any person wh eddle ' self ny other person. State Law Refer ipal p levy oc pational license taxes, 11 O.S. Sections 22-106, 22 SECTION 9-102 SUAN The ' f al es, collec77W all license fees, inspection of all licenses, and t orce f l conditions and revocation of licenses, shall be under the juris of the C Jerk, ept where such duties are placed elsewhere by the e prescribing arti icense. ordi No se shall be ed until all conditions prescribed by the ordinance have been comp with, an certificate of examination or inspection filed with the city illi 1: clerk, in those es examination or inspection is required by ordinance. Any applicant for a li II make application upon such forms as may be prescribed by ordinance or may b escribed by the city clerk. SECTION 9-103 LICENSE REQUIRED It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in any of the callings, trades, professions or occupations for which a license is required, without first paying to the city the fee or tax required, and procuring from the city a license. SECTION 9-104 APPLICATION REQUIRED 2 Applicants for license under this section must file with the City Clerk an application in writing on a form to be determined and furnished by the City Clerk, which shall include no less than the following information: 1, Name and current address of the individual(s), business, or organization, to include phone and email contact information; 2. Details of solicitation, to include beginning and end date and description of goods or services to be sold; Detailed personal information and physical d Current, valid driver's license of solicitor(s); 5. Vehicle information relating to vehicl make, model, year, and tag number; 6. A statement as to whether convicted of a felony or misdemeanor invol~ years; 7. Valid and current can prove to the City Clerk's so definition of the State Tax Code. SECTION 9-105 Licenses issued the City Clerk for a!A be denied or revoked by ent contained in application for ca Lion, or false statement made in the course of , exhibitor, or as a canvasser; or misdemeanor involving moral turpitude within the past manner as to cod safety, or general he business of soliciting in an unlawful manner, or in such a F each of the peace, or to constitute a menace to the health, of the public. Immediately upon such denial or revocation, written notice thereof shall be given by the City Clerk to the licensee in person or by certified mail addressed to his or her residence as set forth in the application. SECTION 9-106 PROHIBITED ACTS The following acts are prohibited and may result in the revocation of any person's license: ve been seven (7) formation, unless applicant(s) it is not mandated under the on of solicitor(s); solicitation, to include 3 I . It shall be unlawful for an Solicitor to ring the bell, or knock on the door, or otherwise attempt to gain admittance for the purpose of soliciting at a residence or dwelling at which a sign bearing the words "No Solicitors," "No Trespassers," or words of similar import indicating such persons are not wanted on the premises, is painted, affixed, or otherwise exposed to public view; provided that this paragraph shall not apply to any Solicitor who gains admittance to such residence at the invitation or with the consent of the occupant thereof, 2. It shall be unlawful for any Solicitor to Solicit between the hours of dusk and 9;00 a.m. of the following day, seven days a week. SECTION 9-107 LICENSE RECORD The City Clerk shall maintain a record of all lic sued by him under the ordinances of this city, showing the date of the issuin gdW e , to whom issued, the time for which the same are issued, and the nature Q license. SECTION 9-108 The license fee which shall be charge the Cit rk for such lie shall be Ten Dollars ($10.00) per day, Twenty Dollars p ek, and Seventy Five Dollars ($75.00) per year. _ SECTION 9-109 No license shall be sold or oche e Iran EaMWnd every license is for a particular business or p nd is iss I n on of the peculiar fitness to ,jlnb pursue the occupati fined sous exa nation or inspection, and the same shall not bet rred. SECTION 9-110 Wh on ense shall been lost or destroyed, it is the duty of the City C n a Lion riting of the owner thereof, to issue a duplicate of the so vided tha am not been lost or destroyed by any act of connivance on t rt of the lice an he has made diligent search for the same and that he has been able t d it. service charge of Five Dollars ($5.00) shall be made and colle for each d ate made due to loss of original license. It is the duty dWy person, having obtained a license for any authorized purpose, to have the some placed or posted in a secure manner in some public place on the premises occupied and used for such business and where the license may be readily seen at any time by any person entering the place of business. Any licensee who does not occupy any certain premises for the conduct of such licensed business, shall carry his license on his person and shall display the same whenever requested. SECTION 9-112 REVOCATION OR DENIAL OF LICENSE, APPEAL All licenses issued by the City shall be subject to revocation by a duly authorized officer of the City Council upon any breach of any condition prescribed by ordinance 4 for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the city or the state, or in violation of any law or regulation of the United States Government. The duly authorized officer shall mean the City Clerk in all instances except when some other person or board is given the authority by ordinance to revoke or suspend the particular license. The duly authorized officer shall either give written notice by personal service or by mail to the licensee, of the revocation of his license, or the suspension of the same, which notice, if mailed, shall be mailed to the address given on the application or license. The license shall stand revoked or denied from the time of the giving of such notice. Any licensee, however, may appeal to the City Manager from such decision within ten (10) days after the aforesaid notice by filing a written request with the city erk for a hearing. The hearing shall be held by the City Manager. The appealing lic may be represented by counsel. The hearing shall be conducted in an informa ner, but no license shall be revoked or denied except upon a preponderan e evidence. The City Manager may affirm, modify or vacate the order n or denial, and his decision shall be final. Any person who engages in exercises any privileges, for which valid license or permit as hereby r, guilty of an offense, and upon corl which a violation continues shall be This section shall not this section, a no organized not for which is exempt fro pation, or without a fes any provision of this part, is including costs. Every day upon DrationaPorganization. For purposes of d as any organization or corporation the welfare or education of others and tax by virtue of its non-profit status, censMWnd Business Regulations, Chapter Three, of the City of Owasso, Oklahoma, shall be amended D"IKS BILLIARDS, SHALL BE REPEALED IN ITS ENTIRETY AND REGULATING MOBILE FOOD VENDORS TO BE CODIFIED AS Section 9-301 Section 9-302 Section 9-303 Section 9-304 Section 9-305 Section 9-306 Section 9-307 Section 9-308 Definitions Issuance License Required Application Required Denial and Revocation of License License Record License Period and Fee Schedule Transfer of License Prohibited MOBILE FOOD VENDORS Section 9-309 Replacement of Lost License Section 9-310 Display of License Section 9-311 Revocation or Denial of License, Appeal Section 9-312 Penalty SECTION 9-301 DEFINITIONS For the purpose of this Section, the following terms shall have the meanings herein ascribed: 1, License: The written authority of the City, issued by 'ts duly authorized agent, employee or officer, conferring permission on some per o pursue and exercise a trade, occupation, or business for a definite period of tim n the limits of the City, under the conditions prescribed by ordinance, 2. Full-service mobile: A vehicle or and serve open food products. 3. Pre-packaged mobile: A vehi trailer li commercially manufactured pre-packaged ucts o packaged at a licensed food service establish 4. Pushcart: A non-self Iled vehic. the serving non-potentially hazardous f ercially pr. at proper temperature, or the prepar n ing of 5. Stati that is stationary in SECTION 9-302 A. The issuance of and the nt jurisdic ' t ordi e prescribin B. ense shall been co d with, Clerk, in th ases applicant for nse ordinance or ma be r or: Upped to prepare to the solft Js that are ared and operation of which is limited to Loackaaed foods maintained from a temporary structure ;1 license fees, inspection of all licenses, conditio revocation of licenses, shall be under the :cept where such duties are placed elsewhere by the kar license, I ued JWil all conditions prescribed by the ordinance have certificate of examination or inspection filed with the City examination or inspection is required by ordinance. Any make application upon such forms as may be prescribed by ribed by the City Clerk, SECTION 9-303 LICENSE AND APPROVAL FROM BOARD OF ADJUSTMENT REQUIRED A. It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in any of the callings, trades, professions or occupations for which a license is required in this section, including full-service mobile food vendors, pre-packaged mobile food vendors and pushcart food vendors, without first paying to the city the fee or tax required, and procuring from the city a license as required by this section. 6 B. In addition to the license required under this section, all stationary food vendors shall additionally obtain a permit from the Board of Adjustment for the City of Owasso and shall at all times remain in compliance with all policies, procedures, rules and requirements of the Board of Adjustment, SECTION 9-304 APPLICATION REQUIRED Applicants for license under this section must file with the City Clerk an application in writing on a form to be determined and furnished by the City Clerk, which shall include no less than the following information: 1, Name and current address of the individual, include phone and email contact information; Detailed personal information and Current, valid driver's license of 4. Vehicle information relating make, model, year, and tag number; 5. Valid and current can prove to the City Clerk's sc definition of the State Tax Code. 6. information. SECTION 9-305 Licenses is: Clerk for anv of tl department licensing section may be revoked by the City on, or false statement contained in application for or false statement made in the course of carrying manner as to cod safety, or general he business of soliciting in an unlawful manner, or in such a F each of the peace, or to constitute a menace to the health, of the public, Immediately upon such revocation, written notice thereof shall be given by the City Clerk to the licensee in person or by certified mail addressed to his or her residence as set forth in the application. SECTION 9-306 LICENSE RECORD The City Clerk shall maintain a record of all licenses issued under this section showing the date of the issuing of the same, to whom issued, the time for which the same are issued, and the nature of the license. to include Drmation, unless the applicant it is not mandated under the or organization, to of vendor(s); 7 SECTION 9-307 LICENSE PERIOD AND FEE SCHEDULE The license fee which shall be charged by the City Clerk for such licenses shall be according to the following fee schedule: 1. Full-service Mobile Food Vendors: One Hundred Fifty Dollars ($150.00) per vehicle, per year. 2. year, 3. SECTION 9-308 Pre-packaged Mobile Food Vendors: Fifty Dollars ($50.00) per vehicle, per Pushcart Mobile Food Vendors: Fifty Dollars per vehicle, per year, No license shall be sold or otherwise particular business or person and is issued pursue the occupation, as determined by same shall not be transferred. Whenever any original license City Clerk, on application in writing same, provided that the some has no on the part of the licens that h he has not been abl se and collected for duplica ac SECTION 9-310 license is for a ;uliar fitness to ion, and the peen to Ndestroyed, it is the duty of the r Chissue a duplicate of the y any act of connivance earch for the same and that age of Fi Dollars s ($5.00) shall be made loss of original license, i'on, having-7l tined a license for any authorized purpose, osted in a secure manner in some public place on the such business and where the license may be readily 'o Bring the place of business. Any licensee who does ises the conduct of such licensed business, shall carry his I display the same whenever requested. All licenses iss by the City shall be subject to revocation by the duly authorized officer of the City Council upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the city or the state, or in violation of any law or regulation of the United States Government. The duly authorized officer shall mean the City Clerk in all instances except when some other person or board is given the authority by ordinance to revoke or deny the particular license. The duly authorized officer shall either give written notice by personal service or by mail to the licensee, of the revocation of his license, or the denial of the same, which notice, if mailed, shall be mailed to the address given on the application or license, The license shall stand revoked or denied from the time of the giving of such notice, Any licensee, 8 however, may appeal to the City Manager from such decision within ten (10) days after the aforesaid notice by filing a written request with the City Clerk for a hearing. The hearing shall be held by the City Manager. The appealing licensee may be represented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City Manager may affirm, modify or vacate the order of revocation or denial, and his decision shall be final. SECTION 9-312 PENALTY e, or occupation, or Any person who engages in any business, profeske exercises any privileges, for which a license or permit is by this part without a valid license or permit as hereby required, or who violarovision of this part, is guilty of an offense, and upon conviction, shall be fined, costs. Every day u pon which a violation continues shall be deemed a separa SECTION THREE: Part Nine, Licensing and Busine ulations, C r Five, Penalty, of the Code of Ordinances of the City of Owasso, oma, shall be a ed as follows: CHAPTER 5 CURRENTLY TITLED AS PENALTY SH REPEAL ITS ENTIRE REPLACED WITH A SECTION TO BE CODIFIED AS I APTER FIVE, LICE SE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER (R D FROM CURRENT SECTION 9- 114.) C LICENSE FOR THE SALE SER AL L AND 3.2 BEER Section 9-501 uired Section 9-502 ense A 'cation Section 9-503 License Is ce Section 9-504 ense dule Section 9-505 f License Section 9 Tr of License ice d Sectio ck dgement of Com pliance Checks Sec ' -508 e, B or Gift Sec -509 pres ion of Age Sectio 0 Pe ies It is unlawf~person, firm or corporation, either as principal, officer, agent, servant or employe engage in any of the callings, trades, professions or occupations for which a license is required, without first paying to the city the fee or tax required, and procuring from the city a license. SECTION 9-502 APPLICATION REQUIRED A. It shall be unlawful for any business, vendor or person within the City of Owasso to serve, sell or offer for sale alcohol and/or 3.2 beer without a license issued by the City of Owasso as hereinafter provided. Every vendor desiring to engage in business as a retail vendor serving or selling alcohol or 3.2 beer within the City of Owasso or if doing so at the time this ordinance is adopted, shall make application to the City Clerk on forms available in the Office of the City Clerk. A license shall be issued to each vendor whose application is approved. B. Application for a license to sell or serve alcohol or beer by a vendor located within the City of Owasso shall be made by completing and submitting the application form to the City Clerk. The form shall include the vendor's business name, the owner's name and address if the business is a sole proprietorship, the name of the president and all other officers and directors if the business is a corporation, and the names of all partners or members if the vendor is a partnership or a limited liability company. The application form shall also require the vendor to submit information verifying that the vendor has obtained the necessary permits required by state law from le District Court in the county where the vendor is located and the Oklahoma Tax C fission. The application form shall also require information regarding the number h permit and the date each permit was granted to the vendor. It shall be unla any person to make any false statement on the application form. Knowin i ionally submitting an application containing false information shall be u I and s erve as grounds for denial, suspension, or revocation of a vendor's lic ssued by th of Owasso. (Prior Code, Sec. 9-114(C)) SECTION 9-503 A license under this section completed each of the following i 1. Obtained a county pd applicable requirements under State I applicant has Clerk and satisfied other under this section to the forth in Section 9-504 of this section. J for one (T7Wendar year from January 1St to December ed after the effective date of this ordinance, and for a dar year, shall be prorated accordingly. Payment of within thirty (30) days from the date the license >ay e annual fee within thirty (30) days from the date the days from the date the vendor begins selling or serving application, shall be subject to the penalties set forth in r. (Prior Code, Sec. 9-114(D)) SECTION 9-504 The following fees shall be assessed to vendors wishing to engage in the serving or selling of alcohol or 3.2 beer; ].ALCOHOL OR BEER NOT TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual fee of Ten Dollars ($10.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell alcohol and/or 3.2 beer which is not intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1St through December 31St. The license fee for an initial 10 license shall be prorated if such license is granted for less than a full calendar year. The fee for annual license renewals shall not be prorated, 2.ALCOHOL OR BEER WHICH IS INTENDED TO BE CONSUMED ON THE VENDOR'S PREMISES, An annual license fee of Twenty Dollars ($20.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell or serve alcohol and/or 3.2 beer which is intended to be consumed on the vendor's premises, This fee shall be paid when the vendor's application for a license is submitted to the City Clerk, Licenses under this section shall be granted for a calendar year from January 1St through December 31St. The license fee for an initial license shall be prorated if granted for a period of time less than a full calendar year. The fee for ann al license renewals shall not be prorated regardless of when the application for renewal is filed. (Prior Code, Section 9-114(B)) SECTION 9-505 The license granted by the City of Owasso at all times 'splayed in public 114(A O SEC 9-506 SFER CENSE PROHIBITED Eac nse shall b ued to the applicant only and shall not be transferable to another ho Each lic e shall be issued only for the premises described in the application. If sine ding a license under this section is sold, a new license must be obtained by wner. A separate license for each location of businesses with common ownershi cluding all chain stores and businesses owned and operated pursuant to franchise agreements, must be obtained by a vendor operating more than one (1) business engaged in the business of selling or serving alcohol and/or 3.2 beer within the City of Owasso, (Prior Code, Section 9-114(G)) view in the vendor's place of business. This li may be suspen or revoked as provided herein if the vendor, or any person ent employed by the or or acting on the vendor's behalf, is convicted of the o e of selli serving alco to a minor, or enters into a plea bargain agreement b harged with such offense, "Conviction" throughout this section shall be dee include entry of a guilty or polo contender plea by any person c with sellin erving alcohol or 3.2 beer to a minor. Each vendor making appli a license er this section shall expressly acknowledge the vendor's awaren th nse d pursuant to this section may be suspended or revoked by t City so i owner, officer, director, manager, employee or of the d ei nvicted of selling or serving alcohol or beer to the v behalf enters into a plea bargain agreement after b charge ith suc ense. It shall not be a defense under this section for a ve to assert claim t an employee or agent of the vendor unlawfully sold or d alc eer t minor contrary to the vendor's rules, policies, procedures a defense will not prevent the vendor's license fr nalti for in Sec i -510 of this section. (Prior Code, Section 9- SECTION 9-507 ACKNOWLEDGEMENT OF COMPLIANCE CHECKS A vendor shall specifically acknowledge awareness on the license application submitted to the City of Owasso that alcohol compliance checks are performed on a regular and ongoing basis in the community by law enforcement, and shall further acknowledge the vendor's consent to such compliance checks as a necessary 11 condition of obtaining and retaining a license from the City of Owasso under this section. The vendor shall also acknowledge on the application its awareness that conviction of the vendor's employee or agent for the offense or serving alcohol or beer to a minor, or the acceptance of a plea bargain agreement by the employee after being charged with such offense, will result in suspension or revocation of the vendor's license as provided in Section 9-510 of this section. (Prior code, Section 9-114(A)3) SECTION 9-508 SALE, BARTER, OR GIFT It shall be unlawful for any person or business licensed under this ordinance to sell, serve, barter or give to any person under the age of twenty-o (21) any beverage or consumable item containing alcohol or 3.2 beer. Conviction cceptance of a plea bargain by an employee or agent of the vendor for suc ffense shall subject the vendor's license to sell or serve alcohol or 3.2 beer to s on or revocation by the City as provided in Section 9-510 of this section. (Prior S 9-114(E)) SECTION 9-509 It shall be unlawful for any person to ~jWresent their age to a ndor for the purpose of obtaining or facilitating the sale 11Wving of gJ&ol or 3.2 beer. SECTION 9-510 PENALTIES 1. SUSPENSION OF LICE a. A license gr d suspended by the City Manager, wi t a vendor, its employees o for th le acceptance of a ple such do of which may be in upon employeE beer to a minor, t Ilowing sa ions shall h this on may be revoked or subs ent to conviction of the beer to a minor, or by the se. In a Lion to the fines and penalties or agent serving or selling alcohol or 3.2 Limposed on the vendor; i. 'or or its employees within a twenty-four (24) mo ll r he issuan an official written warning to the vendor that a al !%IoWnsesult in the suspension of the vendor's license. iii. on of the vendor or its employees or agents within a iii. nviction of the vendor or its employees or agents within a twenty-four (24) riod will result in suspension of the vendor's license to sell or serve alcohol and/ beer for seven (7) consecutive days. twenty (24) month d wi esult in suspension of the vendor's license to sell or serve alc and/or 3.2 for three (3) consecutive days. iv. 4th Conviction of the vendor or its employees or agents within a twenty-four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for an additional thirty (30) day period, v. Each additional conviction of a vendor or its employees or agents within a twenty-four month period will result in an additional suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for an additional (30) day period. 12 b. The vendor shall have the right to appeal the decision of the City Manager to the City Council within five (5) business days of the City Manager's decision to revoke or suspend a vendor's license. The City Council shall hold a public hearing at the next regularly scheduled City Council meeting to consider the matter, and thereafter shall affirm or reverse the decision of the City manager. If the City Council determines That suspension of the vendor's license is warranted under this section, the suspension shall begin within five (5) business days from the hearing date. During the suspension period the vendor may not sell or serve alcohol and/or 3.2 beer. 2. FAILURE TO OBTAIN A PERMIT AS REQUIRED BY THIS SECTION. Any existing vendor who fails to obtain a permit within thirty (30) days fro the date this section becomes effective shall be prohibited from selling or serving a I and/or 3.2 beer until such time as a license is obtained by the vendor. All new sses intending to sell or serve alcohol, for consumption either on or off the vendo ises, shall be required to obtain a license under this section within thirty (30) d t ate the vendor begins selling or serving alcohol and 3.2 beer. A vendor w ontinue sell or serve alcohol and/or 3.2 beer without obtaining an initial or r ed license this section shall receive an initial written warning and thereaft I have three (3) ess days to file an application with the City Clerk to obtai cense in compliance this section. Subsequent to the issuance of a warning u this sect' vendor wh ntinues to sell or serve alcohol and/or 3.2 beer after the (3) period without o taining the required license shall be subject to a fine of On d Dollars ($100.00) per day for each day alcohol and/or 3.2 be erved or s y the vendor without a license. The City shall also be entitled to ' nctive r and all other available legal remedies in the District Courts agains v adds the City shall notify all State agencies vested with licensing, regul or r we, luding but not limited to the ABLE Commission a Oklah T o , of the vendor's failure to obtain a permit as required b City o o Code Ordinances. 3. VEN SERVING SE"I N%kALCOHOL OR 3.2 BEER WHILE UNDER SUSPENSION. Any v r who dhere the conditions of a suspension imposed by the City Manager tinues to serve or sell alcohol and/or 3.2 beeet'iH( spen in violation is section and shall be subject to a fine of Two pe for each day alcohol and /or 3.2 beer are sold or served by t hile ns der suspension. In addition, the City shall be entitled to purl and i ctive f, and shall notify the relevant agencies set forth in Secabove. SECTION F Part Ni Licensing and Business Regulations, Chapter Six. Massage MASSAGE PARLORS SECTION 9-601 DEFINTIONS Parlors, of the of ances of the City of Owasso, Oklahoma, shall be enacted as follows: CHAPTER 6 Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated: 1. Massage: The application of the art of body massage either by hands or with a mechanical or vibratory apparatus utilizing variations of touch, stroking, friction, 13 palpation, kneading, vibration, percussion and therapeutic stretching in conjunction with the use of oil and lotion, heat lamps, salt glows, hot and cold packs, hot tub, jacuzzi, shower or cabinet bath. 2. Massage therapy: The practice of a profession scientifically applied to the client by the therapist involving the systemic manipulation of the soft tissue of the body for the purpose of improving anatomical and physical systems of the body. The term "massage therapy" or "therapeutic massage" can only be used by licensed massage therapists. Massage therapy practice: Any licensed massage therapist that conducts a massage therapy business for profit. 3. Message therapy establishment: Any place of busines rein massage and massage therapy, as defined in this section, is administered y licensed massage therapists for therapeutic purposes. SECTION 9-602 MASSAGE THERAPIST LICENSE Q ED A. It shall be unlawful for any person or perso ngage in the pra or attempt to practice massage therapy, whether for or gratuitously, to c ct massage therapy, without a massage therapist licen ed by Wity of Owas ursuant to the provisions of this chapter. B. It shall be unlawful for any pew establishment which does not conf employ any unlicensed person as a ist. SECTION 9-603 The requ and shall not be of: of thislWpter d asp nting or conduct any massage ons herein contained, or to have no application and no effect upon ktricting the practice, services, or activities 1. 1 law cou their prim not SHospi mary or sole 2. pl oyees. qualified ho separacensed in this state or city under any other ;sion for which he/she is duly licensed who while in the may utilize massage techniques, but that massage is kt otherwise licensed profession. person employed or acting under the authority of a duly 3. Massage Stuy person currently enrolled in a supervised course of study leading to a degre certificate within a recognized school who practices massage for training as a part of course requirements on the school premises under the on-site supervision of a licensed massage therapist school instructor. 4. Barbers or cosmetologists. Any person duly licensed under the laws of this state, except that this exemption shall apply solely for the massaging of the neck, upper back, shoulders, upper torso, face, scalp, hair, hands, arms, legs and feet of the customer for cosmetic or relaxation purposes. SECTION 9-604 LICENSE APPLICATION FEE 14 A. Any person desiring to obtain a license to establish a massage therapy practice or operate a massage therapy establishment shall make application to the City Clerk, who shall refer all such applications to the Chief of Police for an appropriate investigation. B. Each initial application shall be accompanied by a license fee of one hundred dollars ($100.00). The license shall expire one year from date issued. C. In the event that the licensee shall cease operation, either voluntarily or involuntarily, prior to license expiration, the license fee shall not be refundable. D. Each application for a renewal license shall be accompa ed by a license fee of thirty-five dollars ($35,00). License renewal fees shall not be proed, but are due in full prior to renewal. The licenses shall be renewed annually on or before the expiration date. E. Any person, otherwise qualified to be licensed as granted a license to operate a massage therapy massage therapy license without the necessity of SECTION 9-605 LICENSE INFORMATIO Applicants for a license or intern registrd; where applicable; 1. Full name and current address. tkhhh, 2. The two (2) previous addresses of t1l 3. Applicant's height, weigh color 4. One current 5. Applicant shall within five ( a pardon has "be h at IMt two (2) date 6. P1RMlious business, 7. Mass erapy bus any prior re Lion or su 8. Valid a erapist, who has been Fsh'ren II also be granted a an additidrr> license fee, it the followind information and hair by two (2) inches in size. convictions other than traffic violations ition or any felony conviction for which mployment history of the applicant. license history of the applicant including full disclosure of sion of said licenses and the reason therefore. eighteen (18) years old. 9. A certificate from a medical doctor designating that the applicant has, within thirty (30) days immediately prior thereto, been examined and found to be free of any contagious or communicable disease. 10. Applicant must furnish a diploma or certificate of graduation from a recognized school. The City Clerk shall have the right to confirm that an applicant has actually attended classes and matriculated in a recognized school. SECTION 9-606 LICENSE PROCEDURES 15 A. Upon payment of the application fee, submission of completed application, and upon proper inspection, a license shall be issued, if all requirements herein are met, and unless it appears that any such applicant has deliberately falsified the application, or the record of such applicant reveals a conviction of a felony or crime of moral turpitude. B. Any person denied a license pursuant to these provisions may appeal to the City Manager in writing stating reasons why the license should be issued. The City Manager may grant or deny the request for issuance of a license and that decision shall be final. C. All licenses issued hereunder are nontransferable, provided, however, that a change of location of a massage therapy establishment may be penitted pursuant to the provisions hereof. SECTION 9-607 INSPECTION Inspections of massage establishments determining that the provisions of this chapter arE SECTION 9-608 DISPLAY OF LICENSE All licensees shall display said visible to the public or available upor therapy practice. . A. The operator of register of all employeE B. Every oper business site, and student rendering su maintained 51 business is D and maintain a current sex, and duties. treatments rendered either on or off the leavailable ipatron, the technician, therapist or f such treatment. Said records shall be for inspection during normal f the-licensee to notify the City Clerk of any change of :omply with all general ordinances at the new location. of the change of location within thirty (30) days will result in ?5.00). The license of a massage therapist may be denied or revoked upon one or more of the following grounds: 1. That the holder is guilty of fraud in the practice of massage therapy, or fraud or deceit in being licensed to practice massage therapy. 2. That the holder has been convicted in a court of competent jurisdiction of a felony or of any of the following: prostitution or a prostitution-related act; public lewdness; any sexual offense; any act of violence such as assault and battery, stalking or domestic the purpose of Fes of the establishment and rational hours of the massage 16 violence, The conviction of a felony shall be the conviction of any offense which, if committed within this state, would constitute a felony under the laws thereof. 3. That the holder is engaged in the practice of massage therapy under a false or assumed name, or is impersonating another massage therapist of a like or different name, 4. That the holder is addicted to the habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate such person for the performance of his or her professional duties. 5. That the holder is guilty of fraudulent, false, misleading that he or she is guilty of diagnosing or treating classified joint manipulations, or prescribing medicine, drugs or other licensed profession without legal authority thereo 6. That the holder is guilty of willful negligence in been guilty of employing, allowing or permitting ( perform massage therapy in his or her establishm, SECTION 9-612 A. No license shall be revoked u~ before the City Manager to dete Notice of such hearing shall be giv the date of the hearing thereon. against the holder of su se, hearing will be held. B. Said notice s by registered or ce at his or her place of hearing.® All orc to the SECTION SIX e therapy or has leered person to hearing shall have been held Seex"ts for such revocation. ast ten (10) days prior to rounds of the complaint e and place where such holder by delivering the same personally uested) addressed to the license holder st ten (10) days prior to the date of such in conflict with this ordinance are hereby repealed If any part or parts is 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 Veptive advertising, or es, practicing spinal or in the practice of any Practice of m unlicensed or un 17 codified in Part 9, Chapters 1, 3, 5 and 6. PASSED by the City Council of the City of Owasso, Oklahoma on the day of , 2011. Doug Bonebrake, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form and legality this Julie Lombardi, 18 Licensing and Business Regulations PART 9 LICENSING AND BUSINESS REGULATIONS CHAPTER 1 OCCUPATIONAL LICENSES GENERALLY Section 9-101 License Defined Section 9-102 Issuance Section 9-103 License Required Section 9-104 Issuance Section 9-105 License Record Section 9-106 License Period Section 9-107 Payment of fees; Proration Section 9-108 Transfer Section 9-109 Lost License Section 9-110 License Display Section 9-111 Revocation or Suspension of License, Appeal Section 9-112 Agriculture Exemptions Section 9-113 License Fee Schedule Section 9-114 License for the Sale and Serving of Alcohol and 3.2 Beer CHAPTER 2 ITINERANT VENDORS Section 9-201 Section 9-202 Section 9-203 Section 9-204 Section 9-205 Section 9-206 Definitions License Required Application Exemption License Fee Transfer CHAPTER 3 BILLIARDS Section 9-301 Section 9-302 Section 9-303 Section 9-304 Section 9-305 Section 9-306 Section 9-307 Section 9-308 Section 9-309 Definitions License Required Billiard Tax License Application, Issuance License Conditions Operating Requirements Other Businesses Posting of Ordinances Hours of Operation Page 9-1 Licensing and Business Regulations CHAPTER 4 USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS Section 9-401 Used Motor Vehicle Dealers and Automotive Dismantlers and Parts Recyclers CHAPTER 5 PENALTY Section 9-501 Regulation and Penalty Section 9-502 Penalty Page 9-2 Licensing and Business Regulations CHAPTER 1 OCCUPATIONAL LICENSES GENERALLY Section 9-101 Section 9-102 Section 9-103 Section 9-104 Section 9-105 Section 9-106 Section 9-107 Section 9-108 Section 9-109 License Defined Issuance License Required Issuance License Record License Period Payment of Fees; Proration Transfer Lost License Section 9-110 License Display Section 9-111 Revocation or Suspension of License, Appeal Section 9-112 Agriculture Exemptions Section 9-113 License Fee Schedule Section 9-114 License for the Sale and Serving of Alcohol and 3.2 Beer SECTION 9-101 LICENSE DEFINED A license is the written authority of the city, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation or business for a definite period of time within the limits of the city, under the conditions prescribed by ordinance. (Prior Code, Sec. 5-1) State Law Reference: Municipal powers to levy occupational license taxes, 11 O.S. Sections 22- 106, 22-107. SECTION 9-102 ISSUANCE The issuance of all licenses, collection of all license fees, inspection of all licenses, and the enforcement of license conditions and revocation of licenses, shall be under the jurisdiction of the city clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular license. (Prior Code, Sec. 5-2) SECTION 9-103 LICENSE REQUIRED It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, to engage in any of the callings, trades, professions or occupations for which a license is required, without first paying to the city the fee or tax required, and procuring from the city a license. (Prior Code, Sec. 5-3) SECTION 9-104 ISSUANCE All licenses shall be issued by the city clerk. No license shall be issued until all conditions prescribed by the ordinance have been complied with, and a certificate of examination or inspection filed with the city clerk, in those cases where examination or inspection is required by ordinance. Any applicant for a license shall make application upon such forms as may be prescribed by ordinance or may be prescribed by the city clerk. (Prior Code, Sec. 5-4) Page 9-3 Licensing and Business Regulations SECTION 9-105 LICENSE RECORD The city clerk shall procure a blank book, with proper index, in which he shall keep a record of all licenses issued by him under the ordinances of this city, showing the date of the issuing of the same, to whom issued, the time for which the same are issued, the amount paid to him for same, his receipt number, and the nature of the license. (Prior Code, Sec. 5-5) SECTION 9-106 LICENSE PERIOD All licenses shall be issued for the current fiscal year and shall expire on June 30th of the year for which they are issued, unless a different date of expiration is provided by the ordinance providing for the particular license. However, licenses authorized to be issued per month or per day shall expire at the end of the time paid for. (Prior Code, Sec. 5-6) SECTION 9-107 PAYMENT OF FEES; PRORATION All license fees shall be paid in advance for the license period for which issued. All license fees for annual licenses shall be paid as follows: 1. For the first issuance of an annual license, if issued between July 1 st and December 31 st, the full annual fee; 2. If issued between January 1 st and June 30th, one-half (1/2) of the annual fee; and 3. For a renewal of an existing license for the same occupation to the same licensee or for an annual license issued to a licensee to whom an annual license for the same occupation was issued in the previous fiscal year, then the full annual fee shall be collected regardless of the issuance date. There shall be no semi-annual or quarterly pro-rated payment of any annual license unless the particular license ordinance so provides. License fees for monthly or daily licenses shall be paid in advance for the requested period. There shall be no refund of any license fee. The city council may waive any part or all of a required license tax where the applicant is a charitable, eleemosynary, religious, fraternal or educational organization or group, and all of the proceeds of such occupation or device go to such organization or group. (Prior Code, Sec. 5-7) SECTION 9-108 TRANSFER No license shall be sold or otherwise transferred. Each and every license is for a particular business or person and is issued on consideration of the peculiar fitness to pursue the occupation, as determined by previous examination or inspection, and the same shall not be transferred. (Prior Code, Sec. 5-8) SECTION 9-109 LOST LICENSE Whenever any original license shall have been lost or destroyed, it is the duty of the city clerk, on application in writing of the owner thereof, to issue a duplicate of the same, provided that the same has not been lost or destroyed by any act of connivance on the part of the licensee and that he has made diligent search for the same and that he has not been able to find it. A service charge of One Dollar ($1.00) shall be made and collected for each duplicate. (Prior Code, Sec. 5-9) SECTION 9-110 LICENSE DISPLAY It is the duty of any person, having obtained a license for any authorized purpose, to have the same placed or posted in a secure manner in some public place on the premises occupied and used for such Page 9-4 Licensing and Business Regulations business and where the license may be readily seen at any time by any person entering the place of business. Any licensee who does not occupy any certain premises for the conduct of such licensed business, shall carry his license on his person and shall display the same whenever requested. (Prior Code, Sec. 5-10) SECTION 9-111 REVOCATION OR SUSPENSION OF LICENSE, APPEAL All licenses issued by the city shall be subject to revocation by the duly authorized officer of the city council upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the city or the state, or in violation of any law or regulation of the United States Government. The duly authorized officer shall mean the city clerk in all instances except when some other person or board is given the authority by ordinance to revoke or suspend the particular license. The duly authorized officer shall either give written notice by personal service or by mail to the licensee, of the revocation of his license, or the suspension of the same, which notice, if mailed, shall be mailed to the address given on the application or license. The license shall stand revoked or suspended from the time of the giving of such notice. Any licensee, however, may appeal to the city council from such decision within ten (10) days after the aforesaid notice by filing a written request with the city clerk for a hearing. The hearing shall be held by the city council at the next regular meeting following the filing of the appeal, but may be continued from day to day. The appealing licensee may be represented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or suspended except upon a preponderance of the evidence. The council may affirm, modify or vacate the order of revocation or suspension, and its decision shall be final. (Prior Code, Sec. 5-11) SECTION 9-112 AGRICULTURE EXEMPTIONS The provisions of this part shall not be construed as to prevent any farmer or gardener or person engaged in a similar occupation, from selling products which he, himself, produces, without obtaining a license therefore. (Prior Code, Sec. 5-12) SECTION 9-113 LICENSE FEE SCHEDULE A. There is hereby assessed and levied a tax or license fee upon each person engaging in any vocation, occupation or trade, named in this section, for the purpose of meeting the expense of supervising, regulating and policing the trades or business, and every person who engages in any of the following occupations, trades or businesses, shall first procure a license therefore. Any person who shall engage in more than one business, trade or occupation on which any license fee is required by the city ordinances, shall pay the license fee required for each of such businesses, trades or occupations, the same as if each were maintained, operated or exercised independently and exclusively of all others. The license fee shall be an annual fee, except where specified for a shorter period: B. The following fee schedule is applicable for each of the businesses or occupations listed: 1. Advertising agent, defined to be any person who contracts with another to deliver or distribute, handbills, circulars, posters, samples, or any other thing for commercial, for profit, advertising purposes - Ten Dollars ($10.00) per occurrence or Fifty Dollars ($50.00) per year. Ord. No. 663, 11/21/00; 2. Amusement machines. Repealed Ord. No. 388, 5/17/88; 3. Amusement park or pleasure resort, as defined herein, per annum - Seventy-five Dollars ($75.00); Page 9-5 Licensing and Business Regulations 4. Repealed by Ordinance No. 463 on June 15, 1993. 5. Agents or canvassers, house-to-house, of any kind whatsoever where not otherwise provided, per day - Ten Dollars ($10.00); per year - Fifty Dollars ($50.00); 6. Car lot shipment, where the goods are sold or delivered direct from the car, per car - One Hundred Dollars ($100.00); Carnivals: a. Any carnival requiring not over twenty-five (25) cars or other transport vehicle shall pay a fee for the first day of Two Hundred and Fifty Dollars ($250.00); b. Twenty-six (26) cars and not over forty (40) cars or other transport vehicles shall pay a fee for the first day of Three Hundred Dollars ($300.00); C. Over forty (40) cars or other transport vehicles shall pay a fee for the first day of Three Hundred Fifty Dollars ($350.00); or d. All carnivals shall pay Fifty Dollars ($50.00) additional for each day thereafter; 8. Carousel, merry-go-round, ferris wheel or swing, or any carnival attraction, not in connection with any amusement park, carnival, or circus, per day - Twenty-five Dollars ($25.00); 9. Entertainments or concerts, other than religious, charitable and those otherwise exempted under state law, and not otherwise specified, per day - Twenty-five Dollars ($25.00); 10. Exhibitions or any type of contest or game not otherwise provided for, and where admission is charged, per day - Twenty-five Dollars ($25.00); 11. Ice cream vendor, as defined herein, for the first vehicle, so used - Twenty-five Dollars ($25.00); and for each additional vehicle - Ten Dollars ($10.00); Every licensee hereunder shall, at all times, keep each motor car, vehicle and container used in his or its business, in a clean and sanitary condition, and all containers for the products and commodities offered for sale by the licensee, shall be kept securely covered or closed while in transit, so as to prevent contamination of the products or commodities, by dirt, flies or insects. The person duly authorized by the city council, shall inspect once a week, each motor car, vehicle or container used by any licensee, and he shall revoke or suspend the license for any violation of the conditions; 12. Lunch-vending business, per vehicle - Twenty-five Dollars ($25.00); for each additional vehicle - Ten Dollars ($10.00); shall be required; If ice cream and lunches are both sold from the same vehicle, then only one license 13. Repealed by Ord. No. 463 on June 15, 1993; 14. Mechanical musical instruments, as defined herein, every operator of such machine shall pay an annual license fee, per each machine - Twenty-five Dollars ($25.00); It is unlawful for any person to have in his possession such machine, unless the same has attached to it a license card, showing the payment of the current year's license fee; Page 9-6 Licensing and Business Regulations 15. Medicine shows, or other shows or public exhibitions where merchandise is sold and advertised, or either, each per day - Fifty Dollars ($50.00); This section shall not apply to medicine shows or public exhibitions selling or advertising merchandise manufactured by a recognized, legitimate concern, and where the shows or public exhibitions for the sale or advertising of such merchandise, is sponsored by and the merchandise is carried in stock by an established mercantile establishment in the city and where the mercantile houses participate in the profits of the sales or merchandise made at the show or public exhibition; 16. Merchant distributors, as defined herein: a. Where five (5) or less agents, solicitors or canvassers are employed, per annum - Seventy-five Dollars ($75.00); b. Where not less than six (6) nor more than ten (10) agents, solicitors or canvassers are employed, per annum - One Hundred Dollars ($100.00); or c. Where not less than eleven (11) agents, solicitors or canvassers are employed, per annum - Two Hundred Dollars ($200.00); The license shall set forth the number of agents, canvassers or solicitors, exclusively employed by such merchant distributor, and the number of each of the licenses issued, as is hereinafter provided, for the use of the agents, solicitors and canvassers of the merchant distributor. The city clerk shall issue to such merchant distributor, without additional charge, a license for each agent, solicitor or canvasser, exclusively employed by such merchant distributor, such license to be made to bearer, agent, canvasser, or solicitor for the merchant distributor, under whose license they are issued, and shall entitle each holder thereof who is in the exclusive employment of the merchant distributor named therein to travel from house to house for the purpose of selling, distributing, or taking orders for the sale of goods, wares and merchandise of every kind and character that is sold or distributed by the merchant distributor. No agent, solicitor or canvasser shall be permitted to operate under the licenses issued to such agent, solicitor or canvasser who is not in the exclusive employment of the merchant distributor named therein; 17. Peddlers, as defined herein, or any person peddling any goods, wares or merchandise, whether on foot or in vehicle, not otherwise provided for herein each per day - Ten Dollars ($10.00); each per year - One Hundred Dollars ($100.00). The payment of license fees shall be waived to any person selling, demonstrating, or exhibiting any of the goods, wares or merchandise which is the product of his own labor and skill, and license shall be issued to such person free of charge upon the proper showing of proof as to the production of such article. Payment of license fees shall be waived to persons selling, demonstrating, or exhibiting any of the goods, wares, or merchandise mentioned herein who are over sixty (60) years of age, and who have been residents of the city for a period of at least one year preceding the making of application for a license, and license shall be issued to such persons free of charge upon satisfactory proof by affidavit as to age and the length of residence. No license shall be issued to minors under the age of fifteen (15) years; 18. Pictures: a. Each person, whether on foot or in vehicle, traveling from house to house, taking pictures for the purpose of sale, taking orders or giving coupons for pictures or photographic views, each per month -Twenty-five Dollars ($25.00); or b. Each person who, upon the streets and sidewalks of the city, operates any type of camera, taking pictures for the purpose of sale, shall pay an annual license fee in advance of Seventy-five Dollars ($75.00); Page 9-7 Licensing and Business Regulations 19. Street exhibition, not otherwise provided for, per day - Fifty Dollars ($50.00); 20. Astrologers, clairvoyants, mediums, phrenologists, spiritualists (who practice for profit) - Five Hundred Dollars ($500.00); 21 - 56 Repealed by Ord. No. 463 on June 15, 1993; C. For the purpose of this section, the following terms shall have the meanings respectively ascribed to them in this subsection: 1. "Amusement machine" means any type of amusement machine, device or instrument which is operated by the insertion of any coin, token, slug or other instrumentality for the purpose of playing the same, and which shows pictures, provides any game of skill, or furnishes any type of entertainment or amusement; 2. "Amusement park" or "pleasure resort" means any place where concessions are operated, sold, or rented for hire, or where any admission charge is made for any amusement or recreation therein; 3. "Carnival" means any public exhibition featuring music, pavilions, merry-go-rounds, ferris wheels, drink stands, scenic railroads, roller coasters, shooting gallery, midway, or any other similar amusement for which an admission is charged; 4. "Ice cream vendor" means the business of vending at retail ice cream or any frozen commodities by the use of any kind of a vehicle; 5. "Mechanical musical instrument" means a musical instrument of any kind or character which is operated by the insertion of any coin, token, slug, or other instrumentality, for the purpose of playing same; 6. "Merchant distributor" means any person, firm or corporation engaged in the business of selling, taking orders for or distributing any goods, wares, merchandise, household goods or utilities of any character, whatsoever, from any store room, sales room or warehouse, located within the city, using canvassers, or agents traveling from house to house, for the purpose of selling, distributing or taking orders for the sale of their products; and 7. "Peddler" means any person who sells any goods, wares or merchandise by peddling, walking or traveling from place to place, using the streets, sidewalks, alleys, parkings, entrances to buildings, vacant lots, or entrances to lots, or any of them, to exhibit, demonstrate or sell his merchandise. (Prior Code, Sec. 5-13; Ord. No. 360, 12/2/86) SECTION 9-114 LICENSE FOR THE SALE AND SERVING OF ALCOHOL AND 3.2 BEER A. License Required. 1. LICENSE APPLICATION. It shall be unlawful for any business, vendor or person within the City of Owasso to serve, sell or offer for sale alcohol and/or 3.2 beer without a license issued by the City of Owasso as hereinafter provided. Every vendor desiring to engage in business as a retail vendor serving or selling alcohol or 3.2 beer, or to continue operating as a vendor selling or serving alcohol or 3.2 beer within the City of Owasso if doing so at the time this ordinance is adopted, shall make Page 9-8 Licensing and Business Regulations application to the City Clerk on forms available in the Office of the City Clerk. A license shall be issued to each vendor whose application is approved. 2. SUSPENSION OR REVOCATION OF LICENSE. The license granted by the City of Owasso shall at all times be displayed in public view in the vendor's place of business. This license may be suspended or revoked as provided herein if the vendor, or any person or agent employed by the vendor or acting on the vendor's behalf, is convicted of the offense of selling or serving alcohol to a minor, or enters into a plea bargain agreement after being charged with such offense. "Conviction" throughout this section shall be deemed to include entry of a guilty or nolo contendre plea by any person charged with selling or serving alcohol or 3.2 beer to a minor. Each vendor making application for a license under this section shall expressly acknowledge the vendor's awareness that a license granted pursuant to this section may be suspended or revoked by the City of Owasso if an owner, officer, director, manager, employee or agent of the vendor is either convicted of selling or serving alcohol or beer to a minor on the vendor's behalf or enters into a plea bargain agreement after being charged with such offense. It shall not be a defense under this section for a vendor to assert or claim that an employee or agent of the vendor unlawfully sold or served alcohol or beer to a minor contrary to the vendor's rules, policies, procedures or training. Assertion of such a defense will not prevent the vendor's license from the penalties set forth in paragraph (H) of this section. 3. ACKNOWLEDGEMENT OF COMPLIANCE CHECKS. A vendor shall specifically acknowledge awareness on the license application submitted to the City of Owasso that alcohol compliance checks are performed on a regular and ongoing basis in the community by law enforcement, and shall further acknowledge the vendor's consent to such compliance checks as a necessary condition of obtaining and retaining a license from the City of Owasso under this section. The vendor shall also acknowledge on the application its awareness that conviction of the vendor's employee or agent for the offense of selling or serving alcohol or beer to a minor, or the acceptance of a plea bargain agreement by the employee or agent after being charged with such offense, will result in suspension or revocation of the vendor's license as provided in paragraph (H). B. LICENSE FEE. 1. ALCOHOL OR BEER NOT TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual fee of ten dollars ($10.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell alcohol and/or 3.2 beer which is not intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1st through December 31St. The license fee for an initial license shall be prorated if such license is granted for less than a full calendar year. The fee for annual license renewals shall not be prorated. 2. ALCOHOL OR BEER WHICH IS INTENDED TO BE CONSUMED ON THE VENDOR'S PREMISES. An annual license fee of twenty dollars ($20.00) shall be paid by a vendor to the City of Owasso if the vendor intends to sell or serve alcohol and/or 3.2 beer which is intended to be consumed on the vendor's premises. This fee shall be paid when the vendor's application for a license is submitted to the City Clerk. Licenses under this section shall be granted for a calendar year from January 1st through December 31st. The license fee for an initial license shall be prorated if granted for a period of time less than a full calendar year. The fee for annual license renewals shall not be prorated regardless of when the application for annual renewal is filed. C. LICENSE APPLICATION. Application for a license to sell or serve alcohol or beer by a vendor located within the City of Owasso shall be made by completing and submitting the application form to the City Clerk. The form shall include the vendor's business name, the owner's name and address if the business is a sole proprietorship, the name of the president and all other officers and directors if the business is a Page 9-9 Licensing and Business Regulations corporation, and the names of all partners or members if the vendor is a partnership or a limited liability company. The application form shall also require the vendor to submit information verifying that the vendor has obtained the necessary permits required by state law from the District Court in the county where the vendor is located and the Oklahoma Tax Commission. The application form shall also require information regarding the number of each permit and the date each permit was granted to the vendor. It shall be unlawful for any person to make any false statement on the application form. Knowingly or intentionally submitting an application containing false information shall be unlawful and shall serve as grounds for denial, suspension or revocation of a vendor's license issued by the City of Owasso. D. LICENSE ISSUANCE. A license under this section shall be issued to a vendor when the applicant has completed each of the following requirements: 1. Obtained a county permit from the District Court Clerk and satisfied other applicable requirements under State law. 2. Satisfactorily submitted the application required under this section to the City Clerk. Paid the required license fee as set forth above in paragraph (B) to the City of Owasso. All licenses shall be issued for one (1) calendar year from January 151 to December 31s`. The fee for any license issued after the effective date of this ordinance, and for a period of less than one (1) calendar year, shall be prorated accordingly. Payment of annual license fees must be made within thirty (30) days from the date the license expires. Any vendor failing to pay the annual fee within thirty (30) days from the date the license expires, or within thirty (30) days from the date the vendor begins selling or serving alcohol or 3.2 beer if a new application, shall be subject to the penalties set forth in paragraph (H)(2) of this section. E. SALE, BARTER OR GIFT. It shall be unlawful for any person or business licensed under this ordinance to sell, serve, barter or give to any person under the age of twenty-one (21) any beverage containing alcohol or 3.2 beer. Conviction, or acceptance of a plea bargain, by an employee or agent of the vendor for such an offense shall subject the vendor's license to sell or serve alcohol or 3.2 beer to suspension or revocation by the City as provided below in paragraph (H). F. MISREPRESENTATION OF AGE. It shall be unlawful for any person to misrepresent their age to any vendor for the purpose of obtaining or facilitating the sale or serving of alcohol or 3.2 beer. G. TRANSFERS. Each license shall be issued to the applicant only and shall not be transferable to another holder. Each license shall be issued only for the premises described in the application. If a business holding a license under this section is sold, a new license must be obtained by the new owner. A separate license for each location of businesses with common ownership, including all chain stores and businesses owned and operated pursuant to franchise agreements, must be obtained by a vendor operating more than one (1) business engaged in the business of selling or serving alcohol and/or 3.2 beer within the City of Owasso. H. PENALTIES. SUSPENSION OF LICENSE. a. A license granted under this section may be revoked or suspended by the City Manager, without a hearing subsequent to conviction of the vendor, its employees or agents, for the sale Page 9-10 Licensing and Business Regulations of alcohol or 3.2 beer to a minor, or by the acceptance of a plea bargain for such an offense. In addition to the fines and penalties which may be imposed upon the employee or agent serving or selling alcohol or 3.2 beer to a minor, the following sanctions shall be imposed upon the vendor: (i) 1st Conviction of the vendor or its employees or agents within a twenty-four (24) month period will result in the issuance of an official written warning to the vendor that additional convictions will result in suspension of the vendor's license. (ii) 2nd Conviction of the vendor or its employees or agents within a twenty-four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for three (3) consecutive days. (iii) 3rd Conviction of the vendor or its employees or agents within a twenty-four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for seven (7) consecutive days. (iv) 4th Conviction of the vendor or its employees or agents within a twenty-four (24) month period will result in suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for up to thirty (30) consecutive days. (v) Each additional conviction of a vendor or its employees or agents within a twenty- four (24) month period will result in an additional suspension of the vendor's license to sell or serve alcohol and/or 3.2 beer for an additional thirty (30) day period. b. The vendor shall have the right to appeal the decision of the City Manager to the City Council within five (5) business days of the City Manager's decision to revoke or suspend a vendor's license. The City Council shall hold a public hearing at the next regularly scheduled City Council meeting to consider the matter, and thereafter shall affirm or reverse the decision of the City Manager. If the City Council determines that suspension of the vendor's license is warranted under this section, the suspension shall begin within five (5) business days from the hearing date. During the suspension period the vendor may not sell or serve alcohol and/or 3.2 beer. 2. FAILURE TO OBTAIN A PERMIT AS REQUIRED BY THIS SECTION. Any existing vendor who fails to obtain a permit within thirty (30) days from the date this section becomes effective shall be prohibited from selling or serving alcohol and/or 3.2 beer until such time as a license is obtained by the vendor. All new businesses intending to sell or serve alcohol, for consumption either on or off the vendor's premises, shall be required to obtain a license under this section within thirty (30) days of the date the vendor begins selling or serving alcohol and 3.2 beer. A vendor who continues to sell or serve alcohol and/or 3.2 beer without obtaining an initial or renewed license under this section shall receive an initial written warning and thereafter shall have three (3) business days to file an application with the City Clerk to obtain a license in compliance with this section. Subsequent to the issuance of a warning under this section, a vendor who continues to sell or serve alcohol and/or 3.2 beer after the three (3) day period without obtaining the required license shall be subject to a fine of One Hundred Dollars ($100.00) per day for each day alcohol and/or 3.2 beer are served or sold by the vendor without a license. The City shall also be entitled to pursue injunctive relief and all other available legal remedies in the District Courts against the vendor. In addition, the City shall notify all State agencies vested with licensing, regulatory or review power, including but not limited to the ABLE Commission and the Oklahoma Tax Commission, of the vendor's failure to obtain a permit as required by the City of Owasso Code of Ordinances. 3. VENDOR SERVING OR SELLING ALCOHOL OR 3.2 BEER WHILE UNDER SUSPENSION. Any vendor who fails to adhere to the conditions of a suspension imposed by the City Manager or the City Council and continues to serve or sell alcohol and/or 3.2 beer during such suspension is in violation of this section and shall be subject to a fine of Two Hundred Dollars ($200.00) per day for Page 9-11 Licensing and Business Regulations each day alcohol and/or 3.2 beer are sold or served by the vendor while its license is under suspension. In addition, the City shall be entitled to pursue any legal and injunctive relief, and shall notify the relevant agencies set forth in section (H)(2) above. (Ord. No. 927, 7/15/08) Page 9-12 Licensing and Business Regulations CHAPTER 2 ITINERANT VENDORS Section 9-201 Section 9-202 Section 9-203 Section 9-204 Section 9-205 Section 9-206 Definitions License Required Application Exemption License Fee Transfer SECTION 9-201 DEFINITIONS For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them in this section: 1. "Itinerant vendor" means and includes all persons, firms or corporations, as well as their agents and employees who engage in the temporary or transient business in the city of selling or offering for sale any goods or merchandise, or exhibiting the same for sale or exhibiting the same for the purpose of taking orders for the sale thereof and who for the purpose of carrying on such business or conducting such exhibits thereof either hire, rent, lease or occupy any room or space in any building, structure, other enclosure, vacant lot or any other property whatever in the city in, through, or from which any goods or merchandise may be sold, offered for sale, exhibited for sale or exhibited for the purpose of taking orders for the sale thereof; 2. "Temporary" as used in Paragraph 1 hereof means any such business transacted or conducted in the city for which definite arrangements have not been made for the hire, rental or lease of premises for at least one hundred (100) days, in or upon which such business is to be operated or conducted; and 3. "Transient" as used in Paragraph 1 as used hereof means any such business of any such itinerant vendor as may be operated or conducted by persons, firms or corporations, or by their agents or employees who reside away from the city or who have fixed places of business in places other than the city or who move stocks of goods or merchandise or samples thereof into the city with the purpose or intention of removing them, or the unsold portion thereof, away from the city before the expiration of one hundred (100) days. The term "itinerant vendor" shall not include or be construed to include anyone engaged in interstate commerce nor anyone upon which the provisions of this chapter would impose a direct and unlawful burden on interstate commerce. (Prior Code, Sec. 5-24) SECTION 9-202 LICENSE REQUIRED It is unlawful for any itinerant vendor to sell, offer for sale, exhibit for sale, or exhibit for the purpose of taking orders for the sale thereof, any goods or merchandise in the city without first obtaining a license as herein provided for. The city clerk shall issue to any itinerant vendor a license authorizing such itinerant vendor to sell, exhibit for sale, offer for sale, or exhibit for the purpose of taking orders for the sale thereof in the city his goods or merchandise only after such itinerant vendor shall have fully complied with all provisions of this chapter and shall have paid the license fees hereinafter provided, which sum shall be compensation to the city for the services herein required of it and to enable the city to partially defray the expenses of enforcing the provisions of this chapter. (Prior Code, Sec. 5-25) Page 9-13 Licensing and Business Regulations SECTION 9-203 APPLICATION The itinerant vendor shall make application to the city clerk of the city at least ten (10) days prior to the date of his contemplated sale or exhibit to be held in the city which application shall be in the form of an affidavit, stating the full name and address of the itinerant vendor, the location of his or its principal office and place of business, the names and addresses of its officers if it be a corporation, and the partnership name and the names and addresses of all partners if such itinerant vendor be a firm. The application thereof must be accompanied by: 1. A statement showing the kind and character of goods to be sold, or merchandise to be sold, offered for sale or exhibited; 2. A certified copy of the charter if the itinerant vendor be a corporation, incorporated under the laws of this state; 3. A certified copy of its permit or authority to do business in the state if the itinerant vendor be a corporation, incorporated under the laws of some state other than Oklahoma; and 4. A bond in the sum of not less than Five Hundred Dollars ($500.00), executed by the itinerant vendor as principal, with some surety company authorized to do business in the state as surety, which bond shall be payable to the city for the use and benefit of any person or persons entitled thereto and conditioned that the principal and surety will pay all damages to person, or persons, caused by or arising from, or growing out of the wrongful or illegal conduct of the itinerant vendor while conducting the sale or exhibit in the city. The bond shall remain in full force and effect for the entire duration of the license permit as provided herein, and two (2) years thereafter. (Prior Code, Sec. 5-26) SECTION 9-204 EXEMPTION This chapter is not and shall not be held to be applicable to the: 1. Ordinary commercial traveler who sells or exhibits for sale goods or merchandise to parties engaged in business of buying and selling and dealing in goods or merchandise; 2. Vendors of farm produce, poultry, stock, or agricultural products in their natural state; and 3. Sales of goods or merchandise donated by the owners thereof, the proceeds whereof to be applied to any charitable or philanthropic purpose. (Prior Code, Sec. 5-27) SECTION 9-205 LICENSE FEE The license fee for itinerant vendor shall be Fifty Dollars ($50.00) and shall be for a period of not to exceed six (6) business days, or any fraction thereof. Upon the completion of the six (6) business days, the license fee thereafter shall be at the rate of One Dollar ($1.00) per day, or any fraction thereof. Cross Reference: See peddler's license fees, Section 9-113 of this code. Page 9-14 Licensing and Business Regulations SECTION 9-206 TRANSFER The license permit provided for herein shall not be transferable nor give authority to more than one person to conduct a business as an itinerant vendor, but any persons having obtained such license may have the assistance of one or more persons in conducting the business. (Prior Code, Sec. 5-29) Page 9-15 Licensing and Business Regulations Page 9-16 Licensing and Business Regulations CHAPTER 3 BILLIARDS Section 9-301 Section 9-302 Section 9-303 Section 9-304 Section 9-305 Section 9-306 Section 9-307 Section 9-308 Section 9-309 Definitions License Required Billiard Tax License Application, Issuance License Conditions Operating Requirements Other Businesses Posting of Ordinances Hours of Operation SECTION 9-301 DEFINITIONS Within the meanings of this chapter, the following terms shall have the meanings respectively ascribed to them in this section: 1. "Billiard room" means a room or place where one or more billiard tables are kept or operated for gain, and such room shall be construed to include all other rooms or places not separated therefrom by an unpierced dividing wall; 2. "Pool hall" means a room or place where one or more pool tables are kept or operated for gain, and all such rooms and places shall be construed to include all other rooms or places not separated therefrom by an unpierced dividing wall; and 3. "Pool tables" or "billiard tables" include croquet, bagatelle, snooker, or pigeon hole tables, and any billiard or pool tables upon which croquet, so called, or any other game is played with cues, balls, wickets, pockets, or other devices whatsoever. (Prior Code, Sec. 5-14) SECTION 9-302 LICENSE REQUIRED It is unlawful and an offense for any person, firm or corporation to conduct or operate any pool hall, or billiard room, as herein defined, within the corporate limits of the city without having first procured a license from the city clerk to do so, and unless the license provided for shall be in force and unrevoked. (Prior Code, Sec. 5-15) SECTION 9-303 BILLIARD TAX There is hereby levied upon each person, firm or corporation operating a pool hall or billiard room, as herein defined, a license fee of Twenty Dollars ($20.00) per year for each pool hall, as herein defined, which fee shall be payable to the city clerk at the time such license is issued. (Prior Code, Sec. 5-16) SECTION 9-304 LICENSE APPLICATION, ISSUANCE Every person, firm or corporation desiring to engage in the business of operating or conducting a pool hall, or billiard room, as herein defined, shall make application for a license therefore, to the city clerk on forms to be provided, setting forth the location of the business, together with the address, or addresses, of such person, firm or corporation, and in the case of a corporation, the names and addresses of the president and manager. Upon the payment of the annual license fee to the city as required by this Page 9-17 Licensing and Business Regulations chapter, such license shall be issued forthwith. However, if a license for the conduct of a pool hall or billiard room shall have been revoked, no new or renewal license shall be issued, except upon the approval of the city council. All licenses shall expire on June 30th of each year and shall be nontransferable. Whenever the place of business, for which the license is issued, is sold or moved to a new location, the holder of the license shall immediately notify the city clerk, giving the name of the new owner, or the new place of business, as the case may be. (Prior Code, Sec. 5-17) SECTION 9-305 LICENSE CONDITIONS All licenses issued by the city by virtue of this chapter shall be issued upon the condition that the holder thereof shall, in the conduct of the pool hall or billiard room, obey all of the provisions of this chapter and shall not violate any provision of this chapter. (Prior Code, Sec. 5-18) SECTION 9-306 OPERATING REQUIREMENTS Any and all persons, firms, or corporations operating or conducting, within the corporate limits of the city a billiard room or pool hall, as herein defined, after having applied for and been issued a license to do so, shall so conduct and operate the same so that: No law of the United States of America, or the State of Oklahoma, shall be violated; 2. No provision of the charter of the city or of the ordinances of the city shall be violated; 3. The operation or continuance of operating the same shall not be, become, or constitute a nuisance, public or private; 4. The peace and quietude of the neighborhood surrounding the room or place where such billiard room or pool hall, or either of them, is conducted, shall not be disturbed; The health, morals, and safety of the inhabitants of the city shall be preserved; and 6. Neither the peace and quiet of the city nor any family, neighborhood, or person, shall be disturbed by rude or indecent behavior, offensive or disorderly conduct, obscene or profane or indecent or abusive language, noisy or boisterous talk, or by any other means. (Prior Code, Sec. 5-19) SECTION 9-307 OTHER BUSINESSES It is unlawful for any person, firm or corporation, either as owner, proprietor, manager, or employee to conduct, carry on, or to maintain within such pool hall or billiard room, as herein defined, any other business, calling or profession. It is unlawful for any such person, firm, or corporation to permit any other person, firm or corporation to conduct, carry on, or maintain within such pool hall or billiard room, as herein defined, within the corporate limits of the city any other business, calling, or profession. This section shall not be construed to prohibit the sale of cigars, cigarettes and tobacco in any such pool hall or billiard room, within the corporate limits of the city. (Prior Code, Sec. 5-21) SECTION 9-308 POSTING OF ORDINANCES It is the duty of all persons, firms, or corporations operating or conducting any pool hall or billiard room, as herein defined, within the city, to post, in a conspicuous place in such pool hall or billiard room, a copy of this chapter. (Prior Code, Sec. 5-22) Page 9-18 Licensing and Business Regulations SECTION 9-309 HOURS OF OPERATION No billiard room or pool hall shall remain open later than 12:01 A.M., any weekday when the public schools are in session excepting Friday nights wherein same may remain open until 1:00 A.M. No billiard room or pool hall shall remain open later than 1:00 A.M., on any week day during the months of June, July, and August, when the public schools are not in session. No billiard room or pool hall shall remain open on weekends longer than the hours of 10:00 A.M. Saturday to 1:00 A.M. Sunday and 12:01 P.M. Sunday to 12:01 A.M. Monday. (Prior Code, Sec. 5-23; Ord. No. 382, 1988) Page 9-19 Licensing and Business Regulations Page 9-20 Licensing and Business Regulations CHAPTER 4 USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS Section 9-401 Used Motor Vehicle Dealers and Automotive Dismantlers and Parts Recyclers SECTION 9-401 USED MOTOR VEHICLE DEALERS AND AUTOMOTIVE DISMANTLERS AND PARTS RECYCLERS A. It shall be unlawful for any person, firm, association, corporation or trust to sell, offer for sale, or display for sale one (1) or more used motor vehicles within the city without first obtaining a license therefore from the appropriate state authorities as set forth in 47 O.S., Section 581, et seq., or amendments thereto. It shall be unlawful for any owner of real property, lessee of real property, or person having an interest in real property to allow the sale, or display for sale, of one (1) or more used motor vehicles within the city unless said property is zoned for such use. Provided that this section shall not apply to any person making such use of their own personal residence, and involving a vehicle licensed in their own name as owner. B. It shall be unlawful for any person, firm association, corporation or trust to fail to show a valid state license under Title 47, upon the request of any properly identified officer or employee of the city. C. It shall be unlawful for any person, firm, association, corporation or trust to violate any of the provisions of the Automotive Dismantlers and Parts Recycler Act, also known as 47 O.S., Section 591.1 et seq., within the city limits of Owasso, Oklahoma. D. Each day during which any of the above business operations are conducted in violation of this section shall be considered a separate offense; each successfully consummated transaction during which the provisions of this section are violated shall constitute a separate offense. E. Members of the police department or code enforcement officers are hereby authorized to remove a vehicle from any property to a garage or other place of safety when such vehicle has been parked on more than one occasion for the principle purpose of displaying such vehicle for sale in violation of this chapter of the Owasso Code or the Owasso Zoning Code. City personnel shall be required to show that an official notice, warning, citation, or warrant has been issued by the City of Owasso for the vehicle involved prior to the incident for which the vehicle is to be towed. F. The prohibition contained in Subsection A shall not apply to mortgagees or secured parties who are selling motor vehicles which were collateral on a mortgage or security agreement if: (1) such mortgagees or secured parties do not realize for their own account from such sales any monies in excess of the outstanding balance secured by such mortgage or security agreement, plus costs of collection; and (2) the sale is conducted as a lawful secondary use on such mortgagees' or secured parties' primary business property. This article shall apply to and govern licenses required by this Code or other ordinances of the city; provided, however, if any provision of this article conflicts with a provision of this Code or other ordinance of the city relating to a license for a specific business, profession, occupation, trade, privilege or other activity, such latter provision shall govern and control. (Ord. No. 626,12/21/99) Page 9-21 Licensing and Business Regulations Page 9-22 Licensing and Business Regulations CHAPTER 5 PENALTY Section 9-501 Regulation and Penalty Section 9-502 Penalty. SECTION 9-501 REGULATION AND PENALTY No person, firm or corporation engaged in an occupation, the conduct of which constitutes agents or canvassers, house to house, manufacturing agents or solicitors, house to house; peddlers, house to house, merchant distributors, agents, canvassers or solicitors, house to house; or, itinerant vendors, house to house; or any other person, firm or corporation conducting house to house sales, solicitation or canvassing, shall conduct the business within the municipal limits of the city between the hours of dusk and 9:00 A.M. of the following day, seven days a week, unless such person has received prior express authorization to contact a resident or residents verifiable from such resident(s) within the municipal limits of the city. SECTION 9-502 PENALTY Any person who engages in any business, profession, trade, or occupation, or exercises any privileges, for which a license or permit is required by this part without a valid license or permit as hereby required, or who violates any provision of this part, is guilty of an offense, and upon conviction, shall be fined as provided in Section 1-108 of this code including costs. Every day upon which a violation occurs or continues shall be deemed a separate offense. (Prior Code, Sec. 5-36) Page 9-23 Licensing and Business Regulations Page 9-24 Appoft OT City YVit7aut Limits. TO: The Honorable Mayor and City Council FROM: Juliann M. Stevens Deputy City Clerk SUBJECT: Board and Commission Appointments DATE: May 6, 2011 BACKGROUND: Pursuant to authority contained in Article 2, Section 2-4, subsection (e) of the Charter of the City of Owasso, the City Council has established rules and procedures that provide, generally, for the Mayor to appoint members to various boards, commissions, trusts, and committees; such appointments subject to confirmation by the City Council. In order to continue citizen participation and city staff involvement on these committees, discussion regarding the reappointment of current members and/or the appointment of new members is needed. The purpose of this memorandum is to provide you with background information of the various Boards and Commissions and begin a discussion relating to the annual appointment process. BOARDS AND COMMITTEES: ANNEXATION COMMITTEE - This committee is comprised of citizens, representatives from other boards and commissions, and city staff. The Annexation Committee meets as needed to review annexation requests and recommend action to the Planning Commission and City Council based on the City's annexation criteria. Appointments are for one year terms and expire June 30, 2011. Current members include: Vacancy (City Council Representative) *previously held by Councilor Sinex Doug Bonebrake (City Council Representative) David Vines (Planning Commission Representative) Kevin Lane (Citizen) Bradd Clark (Fire) Dan Yancey (Police) Warren Lehr (Assistant City Manager) Karl Fritschen (Community Development) Chelsea Harkins (Economic Development) Roger Stevens (Public Works) Julie Lombardi (City Attorney) AUDIT COMMITTEE - The purpose of the audit committee is to oversee the audit of financial statements, ensure the auditor is independent of city management and review internal controls and policies. The Audit Committee consists of five voting members appointed by the City Council and two non-voting ex-officio members (City Manager and Finance Director). With the exception of the City Council Representatives who serves a one-year term, appointments are for three year periods. Terms for the following seats will expire June 30, 2011: Bryan Stovall (Seat 1, City Council Representative- One Year Term) Kevin Cavanaugh (Seat 3, Business Representative - Three Year Term) John Manning (Seat 4, Non Practicing CPA - Three Year Term) In accordance with the City Ordinance, Seat No. I shall be held by a City Councilor who is serving the second year of their three-year term. Councilor Doug Bonebrake is eligible for this committee. BOARD OF ADJUSTMENT - This is a quasi-judicial body whose function is to hear and decide cases relating to zoning variances and appeals of the Building Inspector's interpretation of the building codes. Appeals of decisions made by this board must be taken to District Court. The Board of Adjustment contains five citizen members appointed by the City Council. Appointments are for three-year periods. This board generally meets on the fourth Tuesday of every month at 6:00 PM. Currently, there is one vacancy resulting from the recent appointment of Tammy Laakso to the Planning Commission. In addition, the following terms will expire June 30,2011: Trish Lindsey (Citizen) Vacancy (Citizen) * previously held by Tammy Laakso CAPITAL IMPROVEMENTS COMMITTEE - This committee reviews capital improvement requests and recommends the prioritization of a capital improvements plan to the City Council. This committee meets as necessary and is comprised of citizens, representatives of other boards and commissions, a Chamber of Commerce representative, and city staff. Appointments are for one year terms and the following terms will expire June 30, 2011: Doug Bonebrake (City Council Representative) Bryan Stovall (City Council Representative) Vacancy (Planning Commission Representative) * previously held by Charlie Brown Dirk Thomas (OEDA Representative) Trish Hauser (Chamber Representative) Wayne Ruess (Citizen) Jim Hunter (Citizen) Dr. Chris Kelley (Citizen) Rob Haskins (Citizen) Frank Enzbrenner (Citizen) Sherry Bishop (Assistant City Manager) Warren Lehr (Assistant City Manager) Rodney Ray (City Manager) Angela Hess (Finance) A representative from the City's Fire, Police, Public Works, Economic Development, and Community Development Department will serve as ex-officio members of the committee. OWASSO ECONOMIC DEVELOPMENT AUTHORITY - The duties of this authority are to plan, implement, and promote projects and programs that will directly benefit the economic well being of the community. The Authority generally meets on the second Thursday of each month at 10:00AM and is comprised of citizens, a representative of the Chamber of Commerce, and a City Councilor. With the exception of the Chamber Representative and the City Council Representative, appointments are for five year terms. The following terms expire June 30, 2011: Frank Enzbrenner, Citizen (Five Year Term) Gary Akin (Chamber Representative, One Year Term) Steve Cataudella (Council Representative, One Year Term) PERSONNEL BOARD - This board meets when there is business to be addressed relating to appeals of personnel decisions made by the City Manager. Meetings are called by the Chairperson when a petition from a City employee is received in the Office of the City Clerk per the Personnel Policy Manual. The Personnel board contains three citizen members appointed by the City Council. Appointments are for three-year periods. The following term will expire June 30, 2011: Jerry Duke (Citizen) PLANNING COMMISSION - This recommending body's function is to review and recommend to the City Council actions relating to zoning, platting, subdivision construction, annexation, commercial site plans, and other related planning functions. The Planning Commission generally meets on the Monday following the first Tuesday of each month at 7:OOPM and contains five citizen members appointed by the City Council. Appointments are for three-year periods. Currently, there is one vacancy on the Planning Commission as a result of Charlie Brown being elected as Ward 3 City Councilor. In addition, the following term will expire June 30, 2011: Dr. Mark Callery (Citizen) Vacancy (Citizen) *previously held by Charlie Brown SALES TAX WATCHDOG COMMITTEE - The purpose of this committee is to maintain citizen oversight of the collected third penny sales tax, ensure the proper use of revenues generated, and report findings to the public. This committee generally meets on the fourth Monday of January and July. Members are appointed for the life of the sales tax or until resignation or events cause a termination as defined in the committee policy. The Senior Citizen Representative is vacant, following the recent resignation of Bob Barnes. Vacant (Senior Citizen Representative) INCOG BOARD OF DIRECTORS - This Board is a regional council of local and tribal governments involved with community planning and grant clearing house functions. Appointments to the INCOG Board are for two-year terms; expiring on December 31st. Meetings are generally held on the second Thursday of each month at 1:30pm in Tulsa. Councilor Wayne Guevara represented the City of Owasso during 2010. Vacant (City Council Representative) *previously held by Councilor Guevara Rodney Ray (City Manager, Alternate) INCOG ENVIRONMENTAL POLICY COMMITTEE: This INCOG committee works with state and federal governmental agencies to implement clean water, air quality, and energy programs for the region. Appointments to the coalition are for one-year terms and expire June 30, 2011: Roger Stevens (Public Works) INCOG TRANSPORTATION POLICY COMMITTEE - This regional transportation committee facilitates a cooperative effort with federal, state, and local governments and other transportation agencies to assess the area's transportation requirements. Appointments to the coalition are for one-year terms and expire June 30, 2011: Vacancy (City Council Representative) *previously held by Councilor Guevara Rodney Ray (City Manager, Alternate) INCOG TRANSPORTATION TECHNICAL COMMITTEE - This committee works closely with the INCOG Transportation Policy Committee to develop comprehensive, multi-modal plans that address the transportation needs and goals of the region. Appointments to the coalition are for one-year terms and expire June 30, 2011: Roger Stevens (Public Works) Vacant (Public Works, Alternate) REGIONAL METROPOLITAN UTILITY AUTHORITY: The Authority is a joint venture of Tulsa, Broken Arrow, Owasso, Jenks, and Bixby. The purpose of the Authority is to fund regional municipality utility efforts. Appointments to the coalition are for one-year terms and expire June 30, 2011: Sherry Bishop (Assistant City Manager) Rodney Ray (City Manager) OT City Wit~out Limits. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Travis Blundell Owasso Utilities Superintendent SUBJECT: Annual Water Quality Report DATE: May 6, 2011 BACKGROUND: Every year, in conformance with the Safe Drinking Water Act, the City of Owasso' prepares and distributes the Annual Water Quality Report to our customers in an effort to enable our citizens to make practical and knowledgeable decisions about their health and the environment. The report contains basic educational information on the water quality, including levels of any detected contaminants and compliance with drinking water rules. At a minimum, the report must provide consumers with the following fundamental information: ➢ Lake, river, aquifer, or other source of the drinking water; ➢ A brief summary of the susceptibility to contamination of the local drinking water source, based on the source water assessments that states are completing over the next five years; ➢ How to get a copy of the water system's complete source water assessment; ➢ The level (or range of levels) of any contaminant found in local drinking water, as well as the EPA's health-based standard (maximum contaminant level) for comparison; ➢ The likely source of any contaminant in the local drinking water supply; ➢ The potential health effects of any contaminant detected in violation of an EPA health standard, and an accounting of the system's actions to restore safe drinking water; The water system's compliance with other drinking water-related rules; ➢ Phone numbers of additional sources of information, including the water system and the EPA's safe drinking water hotline. It is worth noting that because the report simply summarizes information that the City must collect to comply with the Federal Safe Drinking Water Act, no additional monitoring is required to comply with this mandate. Additionally, since the City purchases water from the City of Tulsa, Owasso's Water Quality Report uses much of the educational information and monitoring data provided by the City of Tulsa. A copy of the City of Owasso 2011 Water Quality Report is included as Attachment A. The mandate also requires that the City mail or deliver a copy of the Water Quality Report to each water customer, make an effort to deliver the report to non-bill-paying customers, and provide copies of the report upon request. The City must send a copy of the Water Quality Right-to-Know Amendment to Clean Water Act in (1996) requires that all owners of systems serving 25 residents or more or that have 15 service connections serving year round residents distribute such report. Report to the Oklahoma Department of Environmental Quality (ODEQ) and submit a Certificate of Completion and Distribution by October 1, 2011. The Certificate confirms that the information contained in the report is correct and that all distribution requirements have been met. COMPLIANCE STATUS: Staff confirms that the information contained in the City of Owasso 2011 Annual Water Quality Report, completed in May 2011, is correct and consistent with compliance monitoring data previously submitted to ODEQ. Copies of the report will be distributed through utility bills, on June 3,d, June 15th and June 24,h of 2011. In addition, the report may be viewed by visiting the City of Owasso webpage2 or the offices of Public Works Department at 301 West 2nd Avenue, Owasso. ATTACHMENTS: A. Copy of 2011 Water Quality Report Address: htfp:/Mww.cityofowasso.com/PublicWorks/Water%20Quality%20Report%202005.pdf Tito City Wif`-iovt^Lisrtifs. Public Works Department 301 West 2nd Avenue P.O. Box 180 Owasso. OK 74055 2011 ANNUAL WATER QUALITY REPORT The City of Owasso is pleased to submit to you the 2011 Annual Water Quality Report. We take great pride in providing you, our customer, with reliable and safe drinking water that meets all Federal and State regulations. Again this year, parameters in our water are well below the maximum allowable levels. Why are there contaminants in my drinking water? Drinking water, including bottled water, may be expected to contain at least small amounts of contaminants. The presence of these contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects may be obtained by calling the Environmental Protection Agency's (EPA) Safe Drinking Water Hotline (800-426-4791). The sources of drinking water (both tap and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and in some cases, radioactive material, and can pick up substances resulting from the presence of animals or human activity. Contaminants that may be present in water prior to treatment include: Microbial contaminates which come from sewage treatment plants, septic systems, agricultural livestock operations and wildlife. Inorganic contaminates are naturally-occurring or a result from urban stormwater runoff, industrial or domestic wastewater discharges, oil and gas production and mining or farming. Pesticides and herbicides come from a variety of sources such as agricultural urban stormwater runoff and residential uses. Chemical contaminants include synthetic chemicals which are byproducts of industrial processes and petroleum production that can come from gas stations, urban stormwater runoff and septic systems. Radioactive contaminants are naturally occurring substances or the result of oil and gas production and mining activities. In order to ensure that tap water is safe to drink, the EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water, which provide protection for public health. Is Owasso's water safe to drink? YES! The City of Owasso and the City of Tulsa routinely monitor for constituents in your drinking water according to Federal and State laws. In 2010, the City of Tulsa analyzed more than 3,000 samples looking for pollutants that might be dangerous to your health and substances that can make the water taste or smell unpleasant. In addition, the City of Owasso collected 300 samples throughout the distribution. The data tabulation table shows the results of our monitoring for the period of January through December 2010. What does the data mean? As you can see by the table, the drinking water delivered to Owasso area homes and businesses exceeds all federal requirements. Although some contaminants were detected in 2010, the EPA has determined that your water is safe at these levels. Where does Owasso's water come from? Our water is purchased from the City of Tulsa. The water is treated surface water transported from three sources in northeastern Oklahoma (Lake Oologah on the Verdigris River, Lake Spavinaw and Lake Eucha on Spavinaw Creek, and Lake Hudson on the Neosho River). After the water reaches the lakes it travels to the Mohawk and A.B. Jewell water treatment plants where it is treated to remove substances that might threaten public health. To Learn More about our Water Utility: Please attend any of the regular scheduled meetings of the Owasso City Council and the Owasso Public Works Authority. Meetings are held on the first and third Tuesday of each month at Old Central (109 N. Birch) beginning at 6:30 p.m. How to Contact Us: For questions concerning your water utility, please contact the Owasso Public Works Department at 918-272-4959. Inquires about this report may be directed to Roger Stevens (Public Works Director). For questions about your water bill, please contact the City of Owasso Utility Billing Office at 918-376-1500. For Additional Information: Visit our website at: w:vw.c ycfo-r ssc.corr. 2011 Annual Water Quality Report WATER QUALITY DATA TABULATION Tulsa's Water Quality Data: Collected During 2010 Regulated Contaminants Avg. Min. Max. Turbidity level found 0.48 MCL MCLG Contaminants_ Likely Sources of Lowest monthly % meeting regulations 99% TT*=less than 0.3 NTU 95% of the time N/A Soil runoff Total Colliform Bacteria within Presence of coliform bacteria in more distribution system 0.88% ( monthly than 5% of monthly samples 0 Naturally present in the environment AL'=0.015 part per milliion at 90th Lead <0.002ppm at the 90th percentile percentile 0 Corrosion of household plumbing systems Copper 0.17 ppm at 90th percentile AL"=1.3 part per milliion at 90th percentile 1.3 Corrosion of household plumbing systems Naturally present in the environment, drilling Barium 0.045 0.029 0.061 2 parts per million 2 waste, metal refineries Decay of natural and man made mineral Beta Particles 2.42 2.17 2.66 50 picoCudes/Liter (4 millirems/yr) 0 deposits 0.060 part per million running annual Halo Acetic Acids 0.015 0 0.029 average N/A By-product of drinking water disinfection Total Organic Carbon 39% 19% 50% TT*= percent removal N/A Naturally found in the environment Fluoride 0.9 0.2 1.5 4 parts per million 2 Water additive promoting strong teeth Nitrate 0.24 0 0.83 10 parts per million 10 Runoff from fertilizer use MRDL* - 4.0 parts per million annual MDRLG* Chlorine 1.74 0.6 2.9 average 4.0 Water additive used to control microbes 0.080 parts per million running annual Trihalomethane 0.041 0.017 0.071 average N/A By-product of drinking water disinfection Some people who drink water containing trihalomethanes in excess of the MCL over many years may experience problems with their liver, kidneys, or central nervous system, and may have an increased risk of getting cancer. The risk assessment developed for trihalomethanes showed that those consuming 2 liters of water with 100 ppb trihalomethanes for 70 years increased the likelihood of developing cancer by 1 in one million. Chlorite 0.156 0 0.42 1 part per million Aesthetic Level (MCL 0.8 By-product of drinking water disinfection Unregulated Contaminants Avg. 11.4 Min. 5.7 Max. 19.7 Unregulated) Standards have not been established Sources Naturally occuring of urban stormwater runoff Coagulant treatment product, natural Aluminum 0.06 0.03 0.15 0.2 parts per million deposits Naturally present and brine from oilfield Chloride 13.2 9.2 21 250 parts per million operations Iron 0.012 0 0.028 0.3 parts per million Naturally present in the environment Sulfate 16.5 5.5 43 250 parts per million Naturally present in the environment Owasso's Water Quality Data: Collecte d Durin 2010 Microbial Total Coliform 0 >1 positive 0 positve Naturally present in the environment *Definitions of Terms Found in the Table: MCL (Maximum Contaminant eve The highest eve o a contaminant allowed in drinking water. MCLs are set as close tote MCLGs as feasible using the best available treatment technology and taking cost into consideration. MCLs are enforceable standards. MCLG (Maximum Contaminant Level Goal): The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety and are non-enforceable public health goals. MRLD (Maximum Residual Disinfectant Level): The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants. MRDLG ( Maximum Residual Disinfectant Level Goal): The level of drinking water disinfectant below which there's no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants. TT (Treatment Technique): A required process intended to reduce the level of a contaminant in drinking water. AL (Action Level): The concentration of a contaminant, which if exceeded, triggers a treatment or other requirement which a water system must follow. NTU (Nephelolometric Turbidity Unit): A measurement of the turbidity, or cloudiness, of the water. Turbidity has no health effects. However, turbidity can interfere wit- disinfection and provides a medium for microbial growth. Turbidity may indicate the presence of disease-causing organisms. These organisms include bacteria, viruses, and parasites that can cause symptoms such as nausea, diarrhea, and associated headaches. mrem/yr (millirems per year): A measure of radiation absorbed by the body. ppm (parts per million): Comparable to 1 minute in two years. ppb (parts per billion): Comparable to 1 minute in 2,000 years. N/A ( Not Applicable) Data collected November 2000. Frequency of monitoring requirements is within compliance regulations.