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HomeMy WebLinkAbout2006.08.15_City Council AgendaPUBLIC j • CITY COUNCIL TYPE OF MEETING: Regular DATE: August 1.5, 2006 TIME: 6:30 p.m. PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on Friday, August 11, 2006. Timothy D. R y, Assistant City Ma ge 1. Call to Order Mayor Stephen Cataudella 2. Flag Salute 3. Roll Call 4. Consideration and appropriate action relating to a request for Council approval of the Consent Agenda. All inattcrs listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the August 1, 2006 Regular Meeting. Attachment # 4-A B. Approval of Claims. II:A0815 City Council Agenda.doc Owasso City Council August 15, 2006 Page 2 Attachment # 4-13 C. Acknowledgement of receiving the monthly FY 2006-2007 budget status report. Attachment # 4-C D. Adoption of Resolution No. 2006-18, a resolution establishing the National Incident Management System as the standard for incident management in the City of Owasso and authorizing the City Manager to appoint a designated local point of contact. Attachment # 4-D E. Adoption of Resolution No. 2006-19, a resolution approving an amendment to the INCOG Articles of Agreement to provide membership for the Cherokee, Osage, and Creek Indian Nations. Attachment # 4-E Fa Appropriate action relating to a request for Council approval to discharge fireworks at Owasso Ram Football games. Attachnnent # 4-F 5. Consideration and appropriate action relating to a request for Council approval of rezoning request OZ 06-05, containing 78.47 acres, more or less, from (AG) Agriculture to (RS-3) Residential Single Family, located on the west side of N. 129t" East Avenue, approximately %2 mile north of E. 66"' Street North, just south of the Baptist Retirement Villagc. Mr. McCulley Attachment #5 Staff will recommend Council approval of rezoning request OZ 06-05. 6. Consideration and appropriate action relating to a request for Council approval of rezoning request OZ 06-06, containing 0.41 acres, more or less, from (RS-3) Residential Single Family to (RD) Residential Duplex, located at 10625 E. 114rh Street North, Lot 37, Block 3, Hale Acres 2" a Addition. Mr. McCulley Attachment #6 Staff will recommend Council approval of rezoning request OZ 06-06. 11 Ao815 City Council Agenda-doc Owasso City Council August 15, 2006 Page 3 7. Consideration and appropriate action relating to a request for Council approval of a Final Plat for Camelot Estates, located on the west side of N. 145"' East Avenue, a I/4 mile south of E. 96"' Sheet North, just north of the Village of Silver Creek addition. Mr. McCulley Attachment #7 Staff will recommend Council approval of the Camelot Final Plat, proposing 139 residential lots, on approximately 49.01 acres of property zoned RS-3 (Residential Single Family). 8. Consideration and appropriate action relating to a request for Council approval of a Final Plat for Champion East, located on the north side of E. 76r11 Street North, one mile east of N. 1291" East Avenue. Mr. McCulley Attachment #8 Staff will recommend Council approval of the Champion East Final Plat, proposing 66 residential lots on approximately 25.47 acres of property zoned RS-3 (Residential Single Family). 9. Consideration and appropriate action relating to a request for Council approval of a Final Plat for Champion West, located on the north side of E. 76th Street North, approximately 3/4 mile east of N. 129th East Avenue. Mr. McCulley Attachment #9 Staff will recommend Council approval of the Champion West Final Plat, proposing 48 residential lots on approximately 14.26 acres of property zoned RS-3 (Residential Single Family). 10. Consideration and appropriate action relating to a request for Council approval of a Final Plat for Crescent Ridge, located west of N. Garnett Road, just north of the Country Estates V addition. Mr. McCulley Attachment #10 HV0815 City Council Agenda doc Owasso City Council August 15, 2006 Page 4 Staff will recommend Council approval of the Crescent Ridge Final Plat, proposing 101 residential lots on approximately 29.70 acres of property zoned RS-3 (Residential Single Family). 11. Consideration and appropriate action relating to a request for Council approval of a Final Plat for Tyann Plaza VIII, located east of the Owasso Expressway, just south of the Tyann Plaza VII addition and the Tyann Plaza Shopping Center. Mr. McCulley Attachment #11 Staff will recommend Council approval of the Tyann Plaza VIII Final Plat, proposing one (1) lot on 2.01 acres for commercial use. 12. Consideration and appropriate action relating to a request for Council approval of a Final Plat for Tyann Plaza V, located north of the Tyann Plaza Shopping Center. Mr. McCulley Attachment #12 Staff will recommend Council approval of the Tyann Plaza V Final Plat, proposing three (3) lots on 21.73 acres for commercial use. 13. Consideration and appropriate action relating to a request for Council approval of an Engineering Services Agreement between the City of Owasso and Meshek and Associates in an amount not to exceed $45,000 for services relating to the preparation of preliminary and final design phases and the preparation of construction plans and specifications for the replacement of the Three Lakes Dam and appurtenant drainage improvements between E. 89th Street North and E. 901h Street North and between N. 121st East Avenue and N. 123"' East Avenue; and, authorizing the Mayor to execute said Agreement. Mr. Alexander Attachment # 13 Staff will recommend Council approval of an Engineering Services Agreement between City of Owasso and Meshck and Associates in an amount not to exceed $45,000 for services relating to the Three Lakes Dam and appurtenant drainage improvements; and, authorization for the Mayor to execute said Agreement. 11 \0815 City Council Agenda clot Owasso City Council August 15, 2006 Page 5 14. Consideration and appropriate action relating to a request for Council approval of an extension to the Engineering Services Agreement between the City of Owasso and Meshek and Associates in an amount not to exceed $60,000 for services relating to drainage engineering reviews and analysis; and, authorizing the Mayor to execute said Agreement. Mr. Alexander Attachment #14 Staff will recommend Council approval of an Engineering Services Agreement between the City of Owasso and Meshek and Associates in an amount not to exceed $60,000 for drainage engineering reviews and analysis; and, authorization for the Mayor to execute said agreement. 15. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2006-20, a resolution authorizing the Mayor to execute the Right of Way, Public Utility and Encroachment Agreement between the City of Owasso and the Oklahoma Department of Transportation for the E. 86t1' Street North and N. Mingo Road Intersection Improvement Project. Mr. Nurre Attachment #15 Staff will recommend Council adoption of Resolution No. 2006-20. 16. Consideration and appropriate action relating to a request for Council adoption of Resolution No. 2006-21, a resolution authorizing the Mayor to execute the Maintenance and Funding Agreement between the City of Owasso and the Oklahoma Department of Transportation for the E. 86th Street North and N. Mingo Road Intersection Improvement Project. Mr. Nurre Attachment #15 Staff will recommend Council adoption of Resolution No. 2006-21. Ff \0815 City Council Agen&Aoc Owasso City Council August 15, 2006 Page 6 17. Consideration and appropriate action relating to a request for Council authorization for payment to the Oklahoma Department of Transportation in the amount of $314,659.00 for the City of Owasso share of estimated costs in the E. 86"' Street North and N. Mingo Road Intersection Improvement Project. Mr. Nurre Attachment #15 Staff will recommend Council authorization for payment to the Oklahoma Department of Transportation in the amount of $314,659.00 for the E. 86"' Street North and N. Mingo Road Intersection Improvement Project. 18. Consideration and appropriate action relating to a request for Council approval to award a bid to purchase a compressed breathing air system from Wayest Safety of Tulsa, Oklahoma in the amount of $46, 323.50; and, authorization for payinent. Mr. Clark Attachment #18 Staff will recommend Council approval to award a bid to purchase a compressed breathing air system from Wayest Safety of Tulsa, Oklahoma in the amount of $46,323.50; and, authorization for payment. 19. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 871, an ordinance amending Part 17 Utilities, Chapter 1, Section 17-109 establishing water rates for customers within the corporate limits and outside the corporate limits of the City of Owasso. Mr. Rooney Attachment # 19 Staff will recommend Council approval of Ordinance No. 871. 20. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 872, an ordinance establishing an Audit Committee in and for the City of Owasso and adopting nzles and procedures for the committee. Ms. Bishop Attachinent #20 Staff will recommend Council approval of Ordinance No. 872. I-1.\0815 City Council Agenda. doc PUBLIC NOTICE OF AN ADDENDUM T.1," THE MEETING OF THE 'I O`` O t COUNCIL The Owasso City Council will meet in regular session on Tuesday, August 15, 2006 at 6:30 PM at Old Central, 109 N. Birch, Owasso, Oklahoma. Notice of addendum filed in the office of the City Clerk and posted on the City Hall bulletin board at 5:00 PM on Monday, August 14, 2006. Juliann M. Stevens, Deputy City Clerk The following is submitted as an addendum to the Owasso City Council Agenda filed on Friday, August 11, 2006. Items numbered 1-20 shall remain the same. Items number 21 through 25 will become Items number 23 through 27 and a new Item number 21 and 22 are listed as follows: 21. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 873, an ordinance amending Ordinance No. 809, Section E to include the following language: "All parking lot lighting requirements listed in Section E may be modified by the Community Development Department upon a finding that the developer has provided a method by which glare from lighting elements will not cross any property line, and lighting elements will not be visible from any point off the subject property" Staff will recommend Council approval of Ordinance No. 873. 22. Consideration and appropriate action relating to a request for Council approval of Ordinance No. 874, an ordinance amending Ordinance No. 734, Section 17.5 to include the following language: "School Sports Field Suns. Temporary signs, banners, and scoreboards on sports fields owned by the Owasso Public Schools do not require permits and will not be required to follow the provisions of this Ordinance". Staff will recommend Council approval of Ordinance No. 874 Owasso City Council August 15, 2006 Page 7 21. Report fi-om City Manager. 22. Report from City Attorney. 23. Report from City Councilors. 24. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 25. Adjournment. H.\0815 City Council Agenda doc OWASSO CITY" COUNCIL MINUTES OF REGULAR MEETING Tuesday, August 1, 2006 The Owasso City Council met in regular session on Tuesday, August 1, 2006 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 5:00 p.m. on Friday, July 28, 2006. ITEM 1. CALL TO ORDER The meeting was called to order at 6:31 p.m. ITEM 2. INVOCATION The invocation was offered by Dale Blackwood, Retired Pastor, ITEM 3. FLAG SALUTE The Flag Salute was led by Councilor Guevara. ITEM 4. ROLL CALL PRESENT ABSENT Steve Cataudella, Mayor Brent Colgan, Vice Mayor D.J. Gall, Councilor Wayne Guevara, Councilor Susan Kimball, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Julie Lombardi, City Attorney ITEM 5. PRESENTATION OF CHARACTER TRAIT OF THE MONTH City of Owasso's Fire Chief Bradd Clark presented to the Council the character trait of Benevolence, the character trait of the month for August, 2006. ITEM 6. PRESENTATION OF THE CITY OF OWASSO EMPLOYEE OF THE MONTH Mr. Ray introduced to the Council Officer Lem Mutii, a member of the City's Police Department, as the Employee of the Month for August, 2006. Owasso City Council August 1, 2006 ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA A. Approval of Minutes of the July 25, 2006 Special Meeting. B. Approval of Claims. C. Approval of Ordinance No. 868, an ordinance approving annexation request OA 06-09, containing approximately 78.47 acres, more or less, located on the west side of North 129th East Avenue, approximately % mile north of East 661h Street North, just south of the Baptist Retirement Village. D. Approval of Ordinance No. 869, an ordinance approving annexation request OA 06-10, a staff request to annex ten (10) properties located at 1) 12919 East 96t1' Street North, 2) 12901 East 96th Street North, 3) 12937 East 96t1i Street North, 4) 9302 North 129t1i East Avenue, 5) 9441 North 129th East Avenue, 6) 9309 North 129th East Avenue, 7) the southeast corner of East 96th Street North and North 129th East Avenue (undeveloped tract), 8) the right -of --way of Hwy 169 from East 96th Street North to East 126th Street North and the right- of-way of Hwy 169 from East 76th Street North to the fcnceline at East 66th Street North, 9) 7809 East 76th Street North (the new Barnes Elementary School), 10) 14500 East 86th Street North (Hodson Elementary School); and a request for Council approval of the annexation services plan for the territories proposed to be attached. E. Approval of Ordinance No. 870, an ordinance approving rezoning request OZ 06-04, containing two (2) one -acre lots from (AG) Agriculture to (RE) Residential Estate, located west of North 145th East Avenue, South of East 93rd Place North at 14220 East 93rd Place North. Mr. Colgan moved, seconded by Ms. Kimball, to approve the Consent Agenda with claims totaling $78,345.57, self-insurance medical claims & fees totaling $22,193.19, and payroll claims totaling $387,189.49. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY; None Motion carried 5-0. ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL TO PURCHASE FOUR (4) 2006 FORD CROWN VICTORIA POLICE VEHICLES AND AUTHORIZATION FOR PAYMENT IN THE AMOUNT OF $83,516.00 TO JOE COOPER FORD OF MIDWEST CITY, OKLAHOMA N Owasso City Council August 1, 2006 Chief Yancey presented the item. Ms. Kimball moved, seconded by Mr. Guevara, for Council approval to purchase police vehicles, as stated above. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0. ITEM 9. REPORT FROM CITY MANAGER, Mr. Ray commended Community Development Director Eric Wiles for successfully presenting the City's position at the Tulsa City Commissioners Meeting. ITEM 10. REPORT FROM CITY ATTORNEY None ITEM 11. REPORT FROM CITY COUNCILORS ITEM 12. NEW BUSINESS None ITEM 13. ADJOURNMENT Mr. Colgan moved, seconded by Mr. Guevara, to adjourn. YEA: Cataudella, Colgan, Gall, Guevara, Kimball NAY: None Motion carried 5-0 and the meeting was adjourned at 6:50 p.m. Pat Fry, Minute Clerk Steve Cataudella, Mayor 3 CITT O.. OWASSO i ` .t o VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH CC REFUND-WALTON 50.00 REFUND TOTAL 50.00 OFFICE DEPOT OFFICE SUPPLIES 13.98 SAMS CLUB OPERATING SUPPLIES 48.46 FRANK W AMBRUS BAILEY SERVICES 300.00 TPI BILLING SOLUTIONS WARRANT COLLECTIONS 923.65 TPI BILLING SOLUTIONS WARRANT COLLECTIONS 803.65 TREASURER PETTY CASH MEETING EXPENSE 70.72 MUNICIPAL COURT DEPT TOTAL 2,160.46 TREASURER PETTY CASH CITY MGR EXPENSES 106.50 FUELMAN FUEL CHARGES-JULY 224.51 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-SERVICES 76.66 TREASURER PETTY CASH MILEAGE/TOLLS-ROONEY/LOMBARD I/BREITBARTH 322.86 TREASURER PETTY CASH COUNCIL EXPENSE 93.75 TREASURER PETTY CASH MEETING EXPENSE 18.12 WEST PAYMENT CENTER MONTHLY CHARGES 418.00 TULSA COUNTY BAR ASSOC MEMBERSHIP DUES 140.00 TREASURER PETTY CASH EOM RECOGNITION 25.00 MANAGERIAL DEPT TOTAL 1,425.40 TRIAD PRINTING BUSINESS CARDS-FENNELL 45.00 WORDCOM PINK PAPER 44.35 OFFICE DEPOT OFFICE SUPPLIES 85.40 TREASURER PETTY CASH MILEAGE-HARRIS/FRY 26.70 FINANCE DEPT TOTAL 201.45 ATWOODS TIES -CHARACTER BANNERS 3.70 WORDCOM TURQUOISE PAPER 129.35 OFFICE DEPOT OFFICE SUPPLIES 7.17 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 389.08 INTEGRITY FOCUS CHARACTER CONSULTATION 625.00 VIDEO REVOLUTIONS PSA DUBBING/TAPES 105.95 COMMUNITYCARE HMO EAP SERVICES 199.00 WORLD PUBLISHING COMPANY EMPLOYMENT ADVERTISING 208.27 WORLD PUBLISHING COMPANY EMPLOYMENT ADVERTISING 553.90 AMERICANCHECKED BACKGROUND CHECK 118.95 TREASURER PETTY CASH MILEAGE-DANE 18.69 TREASURER PETTY CASH MILEAGE-HUNT/DANE 129.04 FUELMAN FUEL CHARGES -DULY 8.69 TREASURER PETTY CASH CHAMBER LUNCH-DEMPSTER/HUNT 14.00 SAMS CLUB OPERATING SUPPLIES 60.41 DELL MARKETING COMPUTER 1,088.01 HUMAN RESOURCES DEPT TOTAL 3,659.21 IKON OFFICE SOLUTIONS COPIER MAINTENANCE 583.50 CINTAS CORPORATION MAT SERVICE 106.45 AMERICAN WASTE CONTROL REFUSE SERVICE 129.00 AT&T PHONE USE 1,077.00 TREASURER PETTY CASH POSTAGE 243.57 NEIGHBOR NEWSPAPERS LEGAL POSTINGS 408.00 VENDOR DESCRIPTION AMOUNT TREASURER PETTY CASH LICENSE TAG 25.00 TREASURER PETTY CASH LICENSE TAG 30.00 GENERAL GOVERNMENT DEPT TOTAL 2,602.52 OFFICE DEPOT OFFICE SUPPLIES 51.74 TREASURER PETTY CASH CAR WASH 10.95 TREASURER PETTY CASH CAR WASH 5.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-PARTS 19.61 FUELMAN FUEL CHARGES-JULY 412.35 DENNIS G BUNYARD MOWING 380.00 NEIGHBOR NEWSPAPERS ANNEXATION NOTICE 294.00 TREASURER PETTY CASH MEETING EXPENSE 37.44 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-SERVICES 230.00 TULSA COUNTY MIS DIAL UP SERVICE 60.00 TREASURER PETTY CASH PER DIEM-MCCULLEY 77.00 MUNICIPAL CODE CORPORATION SOFTWARE 858.00 COMMUNITY DEVELOPMENT DEPT TOTAL 2,436.09 TRIAD PRINTING BUSINESS CARDS-ARZU 45.00 CARTRIDGE WORLD INKJET CARTRIDGE 50.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-PARTS 15.47 FUELMAN FUEL CHARGES-JULY 393.86 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-SERVICES 230.00 ENGINEERING DEPT TOTAL 734.33 LOWES HOME IMPROVEMENT SUPPLIES 13.50 CARD CENTER TONER 43.94 EMERGENCY COMM NETWORK CODE RED RENEWAL 6,000.00 CARD CENTER AIRFARE-WILLSON 317.69 CARD CENTER TECHNOLOGY TRAINING-WILLSON 2,335.00 DELL MARKETING LAPTOPS 5,888.64 STRATEGIC CONSULTING INTL GIS IMPLEMENTATION 4,000.00 INFORMATION SYSTEMS DEPT TOTAL 18,598.77 OFFICE DEPOT OFFICE SUPPLIES 3.69 SAMS CLUB OPERATING SUPPLIES 24.86 SAMS CLUB OPERATING SUPPLIES 417.92 LOWES HOME IMPROVEMENT PHYSICAL PROPERTY SUPPLIES 765.78 MURRAY WOMBLE PHYSICAL. PROPERTY SUPPLIES 1,232.00 MATEK PARTS -WASH BAY 64.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-PARTS 48.38 FUELMAN FUEL CHARGES-JULY 589.42 FLYNN'S PEST CONTROL SERVICE OC/CH 110.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-SERVICES 230.00 TREASURER PETTY CASH DOC LUNCHES 61.93 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-PARTS 16.33 FUELMAN FUEL CHARGES-JULY 291.91 AT&T PHONE USE 140.20 SUPPORT SERVICE DEPT TOTAL 3,996.42 FUELMAN FUEL CHARGES-JULY 29.99 CEMETERY DEPT TOTAL 29.99 OFFICE DEPOT OFFICE SUPPLIES 151.08 LYNN PEAVEY COMPANY EVIDENCE COLLECTION 71.80 VENDOR DESCRIPTION AMOUNT POLICE PETTY CASH MOTOROLA SAMS CLUB LYNN PEAVEY COMPANY TAYLOE PAPER CO PATROLTECHNOLOGY CITY GARAGE CITY OF OWASSO POLICE PETTY CASH FUELMAN INTEGRIS AMBULATORY CARE CORP HOWARD E STAMPER OWASSO FITNESS ZONE YALE CLEANERS CITY GARAGE CITY OF OWASSO CINGULAR WIRELESS AT&T OK ASSOC OF CHIEFS OF POLICE SLEEP INN & SUITES POLICE PETTY CASH BOARD OF TESTS CARD CENTER TREASURER PETTY CASH TREASURER PETTY CASH GE POLYMERLAND WAL-MART COMMUNITY SAMS CLUB WAL-MART COMMUNITY TOTAL RADIO PUBLIC SAFETY GROUP ASSOC OF PUBLIC -SAFETY COMM PETEDGE SAMS CLUB WAL-MART COMMUNITY FUELMAN STRATHE VETERINARY HOSPITAL MATEK CITY GARAGE CITY OF OWASSO AT&T TRIAD PRINTING O'REILLY AUTOMOTIVE EVE SUPPLY SAMS CLUB A-Z RUBBER STAMP & ENGRAVING NORTH AMERICA FIRE EQUIPMENT OKLAHOMA POLICE SUPPLY CITY GARAGE CITY OF OWASSO FUELMAN CITY GARAGE CITY OF OWASSO CULLIGAN OF TULSA OPERATING SUPPLIES BATTERIES -POLICE RADIO OPERATING SUPPLIES EVIDENCE COLLECTION PAPER BAGS -EVIDENCE STORAGE UNIFORM/HOLSTER-YOUNT VEHICLE MAINT-PARTS GAS FUEL CHARGES-JULY PHYSICAL-LONG/BREEDEN RADIO REPAIR SERVICES PHYSICAL FITNESS PROGRAM UNIFORM CLEANING VEHICLE MAINT-SERVICES CELL PHONE USE -CHIEF YANCEY PHONE USE DELIVERY CHARGE LODGING-DRIVER/DENTON CHIEFS MEETING TUITION-MUTII LODGING-BOATMAN/WELLS MEETING EXPENSE NOTARY PUBLIC SEAL S&H FEE -BULLET RESISTANT WINDOW POLICE DEPT TOTAL CABLE SPLITS OPERATING SUPPLIES PRISONER MEALS RADIO MAINT CONTRACT TRAINING-MAXEY/SMITH STUDENT MANUALS POLICE COMMUNICATIONS DEPT TOTAL OPERATING SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES FUEL CHARGES-JULY TESTING/MEDICATIONS PARTS-UNLOADER/PRESSURE SWITCH VEHICLE MAINT-SERVICES PHONE USE ANIMAL CONTROL DEPT TOTAL BUSINESS CARDS-IRBY CLEANING SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES NAME_ PLATES UNIFORM EQUIPMENT UNIFORM APPAREL VEHICLE MAINT-PARTS FUEL CHARGES-JULY VEHICLE MAINT-SERVICES COOLER RENTAL/WATER 57.85 123.12 100.96 19.90 81.86 157.00 2,214.23 18.25 9,074.02 900.00 150.00 90.00 1,795.62 4,531.67 52.12 927.56 10.00 360.00 11.17 45.00 224.64 34.53 25.00 200.00 21,427.38 7.64 128.05 189.61 675.00 450.00 221.49 1,671.79 92.40 27.48 91.05 185.22 97.50 166.07 153.33 36.50 849.55 45.00 10.98 1,016.10 573.39 14.97 195.00 399.55 3,360.87 1,437.60 920.00 23.50 VENDOR DESCRIPTION AMOUNT BMI SYSTEMS OF TULSA MAINT CONTRACT 308.96 AT&T PHONE USE 217.62 OWASSO FITNESS ZONE PHYSICAL FITNESS PROGRAM 375.00 TRAILS END BBQ & GRILL FIRE CHIEFS MEETING 156.19 TREASURER PETTY CASH MEETING EXPENSE 49.50 FIRE MARSHALS ASSOCIATION OF OKLA CONFERENCE -SALTS 95.00 WESTERN HILLS GUEST RANCH LODGING -SALTS 180.00 FIRE MARSHALS ASSOCIATION OF OKLA CONFERENCE-WAKLEY 95.00 WESTERN HILLS GUEST RANCH LODGING-WAKLEY 180.00 BAILEY EQUIPMENT LAWN MOWER 5,300.00 DELL MARKETING COMPUTER 1,088.01 FIRE DEPT TOTAL 16,042.24 AT&T PHONE USE 18.27 EMERGENCY PREPAREDNESS DEPT TOTAL 18.27 TWIN CITIES READY MIX SIDEWALK REPLACEMENT 163.00 BAILEY EQUIPMENT MAINT SUPPLIES 2.50 CROW BURLINGAME COMPANY OIL DRY 24.75 NES TRAFFIC SAFETY BARRICADE LIGHT BATTERIES 490.00 MAXWELL SUPPLY ORANGE CHALK 12.09 EQUIPMENT ONE RENTAL & SALES AUGER BIT BLADE 44.50 HOME DEPOT SPRAYER TIP 23.97 MILL CREEK LUMBER & SUPPLY FORM BOARDS 6.59 GEORGE & GEORGE SAFETY & GLOVE REPAIR/MAINT SUPPLIES 21.70 LOWES HOME IMPROVEMENT SPRINKLER REPAIR PARTS 10.43 UNIFIRST HOLDINGS UNIFORM RENTAL/CLEANING 72.13 GEORGE & GEORGE SAFETY & GLOVE UNIFORM GEAR 38.88 VULCAN TRAFFIC/STREET SIGNS 581.12 MILL CREEK LUMBER & SUPPLY CONCRETE 71.80 FUELMAN FUEL CHARGES-JULY 1,470.90 MAXWELL SUPPLY OF TULSA POOL TROWEL 27.03 MILL CREEK LUMBER & SUPPLY BROOMS 43.17 SIGNALTEK TRAFFIC CONTROL MAINT 985.49 SIGNALTEK TRAFFIC CONTROL MAINT-DUNE 997.48 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-SERVICES 1,533.33 AT&T PHONE USE 22.56 MAGNUM CONSTRUCTION STREET REPAIR PROJECT 32,000.29 VANCE BROTHERS SUPPLIES -TRAFFIC STRIPING 249.25 STREETS DEPT TOTAL 38,892.96 BAILEY EQUIPMENT BLADES 134.25 GEORGE & GEORGE SAFETY & GLOVE REPAIR/MAINT SUPPLIES 21.66 LOWES HOME IMPROVEMENT GRASS SEED/PARTS 37.64 UNIFIRST HOLDINGS UNIFORM RENTAL/CLEANING 71.86 GEORGE & GEORGE SAFETY & GLOVE UNIFORM GEAR 38.88 TULSA NEW HOLLAND PARTS -BRUSH HOG 156.50 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-PARTS 773.76 FUELMAN FUEL CHARGES-JULY 1,036.95 BAILEY EQUIPMENT TRIMMER REPAIR 25.44 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-SERVICES 1,073.33 STORMWATER DEPT TOTAL 3,370.27 J & R INDUSTRIES TOP SOIL 100.00 AT YOUR SERVICE RENTALS PORTABLE RESTROOM RENTALS 360.00 VENDOR DESCRIPTION AMOUNT ATWOODS SUPPLIES 17.56 ATWOODS SUPPLIES 7.96 TULSA NEW HOLLAND CUTTING BLADE 19.75 BAILEY EQUIPMENT WEED EATER STRING 15.98 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-PARTS 200.13 FUELMAN FUEL CHARGES-JULY 577.50 OFFICE DEPOT PRINTER 269.98 ALOHA LANDSCAPE & IRRIGATION MOWING -ELM CREEK 454.00 ALOHA LANDSCAPE & IRRIGATION MOWING-MCCARTY PARK 290.00 ALOHA LANDSCAPE & IRRIGATION MOWING-RAYOLA PARK 370.00 D & SONS LAWN CARE LAWN SERVICE 1,139.00 WASHINGTON CO RWD #3 WATER 31.40 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-SERVICES 306.67 AT&T PHONE USE 90.86 PARKS DEPT TOTAL 4,250.79 CHARACTER TRAINING INSTITUTE CHARACTER BULLETINS 35.00 OFFICE DEPOT PROGRAMS 134.98 OFFICE DEPOT OFFICE SUPPLIES 67.97 SAMS CLUB OPERATING SUPPLIES 35.99 FUELMAN FUEL CHARGES-JULY 52.89 DALE & LEES SERVICE REPAIR 136.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-SERVICES 30.83 AT&T PHONE USE 126.41 DELL MARKETING COMPUTERS 1,149.95 DELL MARKETING COMPUTER 1,248.75 COMMUNITY CENTER DEPT TOTAL 3,018.77 AT&T PHONE USE 21.21 HISTORICAL MUSEUM DEPT TOTAL 21.21 OFFICE DEPOT OFFICE SUPPLIES 13.98 FUELMAN FUEL CHARGES-JULY 107.20 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-SERVICES 76.67 TRIAD PRINTING PRINTING 105.12 TREASURER PETTY CASH MEETING EXPENSE 18.93 ECONOMIC DEVELOPMENT DEPT TOTAL 321.90 GENERAL FUND TOTAL s DELORES WILLIAMS AMBULANCE REFUND 68.06 UNITED HEALTHCARE INS AMBULANCE REFUND 425.80 ACE PROPERTY & CASUALITY AMBULANCE REFUND 454.40 JACK STOUT AMBULANCE REFUND 62.69 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-PARTS 628.87 FUELMAN FUEL CHARGES-JULY 2,487.84 CITY GARAGE CITY OF OWASSO VEHICLE MAINT-SERVICES 766.67 MEDICLAIMS MONTHLY SERVICES 5,670.26 NATIONAL REGISTRY OF EMTS TESTING-INGRAM 200.00 HAMPTON INN LODGING-INGRAM 287.00 AMBULANCE SERVICE FUND TOTAL 11,0 11.59 AT&T E911 SERVICES 1,867.12 VENDOR DESCRIPTION AMOUNT E911 FUND TOTAL 1,867.12 OKLAHOMA SAFETY CENTER JUVENILE ASSESSMENT 20.00 JUVENILE COURT FUND TOTAL 20.00 TREASURER PETTY CASH AC REFUND-DOYAL 20.00 TREASURER PETTY CASH AC REFUND-KENDALL 20.00 ANIMAL STERILIZATION FUND TOTAL 40.00 C2A ENGINEERING ENGINEERING SVS-86/MINGO 400.00 POE & ASSOCIATES 06/07 CIP STREET REHAB PROJECT 2,054.77 MESHEK & ASSOCIATES SILVER CREEK DRAINAGE IMPROVEMENTS 2,111.63 APEX PLUMBING, HEATING & PIPING WATER/SEWER LINE INSTALLATION 20,126.00 CAPITAL IMPROVEMENTS FUND TOTAL 24,692.40 INCOG CDBG-ED-04 NSP 672.60 CAPITAL PROJECTS GRANTS FUND TOTAL 672.60 LIVINGSTON, KEN MITCHELL REPAIR O'REILLY AUTOMOTIVE FUELMAN UNITED FORD T & W TIRE MOTOROLA T & W TIRE TOTAL RADIO O'REILLY AUTOMOTIVE FRONTIER INTERNATIONAL TRUCKS ATC FREIGHTLINER GROUP BRAKE REBUILDERS AAA AUTO SALVAGE AMERIFLEX HOSE & ACCESSORIES A & N TRAILER PARTS RAM PRODUCTS AT&T QUALITY TIRE & AUTO SERVICE TUITION REIMB ONDEMAND SOFTWARE SHOP SUPPLIES FUEL CHARGES-JULY PARTS FOR RESALE TIRES RADIO ANTENNA TIRES RADIO SUPPLIES PARTS FOR RESALE PARTS FOR RESALE PARTS FOR RESALE PARTS -AMBULANCES PARTS FOR RESALE PARTS FOR RESALE PARTS FOR RESALE PARTS FOR RESALE PHONE USE WHEEL ALIGNMENT CITY GARAGE FUND TOTAL CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP LEGAL UNITED SAFETY & CLAIMS THIRD PARTY ADMIN FEES CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP MEDICAL CLAIMS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP SETTLEMENTS WORKERS COMP FUND TOTAL LANGLEY, DAVID TORT CLAIM SELF INSURANCE FUND TOTAL 309.90 478.95 51.00 69.35 24.39 580.00 166.44 596.00 30.00 1,625.43 74.33 957.34 199.13 35.00 125.58 275.04 38.27 47.26 99.90 5,783.31 3,676.42 1,450.00 380.71 528.00 m 541.80 541,80 GRAND TOTAL 176,483.72 CITY OF •, i.c HEALTHCAREi . CE FUND VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 17,673.59 HEALTHCARE MEDICAL SERVICE 22,193.19 ADMIN FEE 12,701.94 STOP LOSS FEE 10,170.48 HEALTHCARE DEPT TOTAL 62,739.20 DELTA DENTAL DENTAL MEDICAL SERVICE 2,056.10 DENTAL MEDICAL SERVICE 3,524.57 ADMIN FEES 1,912.60 DENTAL DEPT TOTAL 7,493.27 HEALTHCARE SELF INSURANCE FUND TOTAL --- 7 0, 2-3 2—. a CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 8/5/2006 Department Overtime Expenses Total Expenses Municipal Court 152.21815,51.69 - Manaqerial 0.00 16.851.69 Human Resourses 0.00 ph 6,846.54 " Comm ity Development57 Engineering 0.60 14,572.95 Support Services I � P"b�� e,1� "4cCentral Dispatch A I M 1,028.79 12,276.31 Fire 549.44 83,607.68 Emergency_Preppredness Streets 256.44 9,615.74 Park Maintenance 0.00 10,230.38 mmun#7'Senior Center '00,0 :"��: , Historical Museu,m, 0.00 2,594.71 Economic DeV6 f pment 4, 39,.40:1 • I== = IN CITY OFOVASSD GENERALFUND FISCAL YEAR 2006-2007 Statement ofRevenues &Expenditures AeufJuly 31.2OOG REVENUES: Taxes Licenses &permits Intergovernmental Charges for services Fines & forfeits Other TDTALREVENUEG EXPENDITURES: Personal services Materials & supplies Other services Capital outlay TOTAL EXPENDITURES REVENUES OVER EXPENDITURES TRANSFERS IN (OUT): Transfers in Transfers out TOTALTRANOFER8 NET CHANGE IN FUND BALANCE FUND BALANCE(GAAP Basis) Beginning Balance Ending Balance MONTH $ 1.203.709 29,139 39,652 18.402 208 4,108 $ 1.293.700 29,139 39,652 18,402 208 4.108 $ 16.670.000 373,000 382,000 217,900 584,000 95,300 7.76% 7.8196 10.38% 8.4596 0.0496 1.385.278 1.385.278� 18,322,200 7.56% 735.070 735.870 9.894.855 7.43% 17.239 17.239 535.105 3.22% 80.597 89.597 1.411.285 8.3596 0.114 6.114 1.883.910 U�32Y6 848.820 6.1896 848.020 13.725.225 530.658 4.586.975 538.858 862.105 802.105 10.163.000 8.4896 8.04% FUND BALANCE (Budgetary Basis) Beginning Balance 4,104,455 1,867,751 Ending Balance alla�u : HONORABLE MA ` OAND CITY COUNCIL CITY OF OWASSO FROM:MOTTO EMERGENCY PREPAREDNESS SUBJECT: RESOLUTION Nf. 006-1 NATIONAL INC1MANAGEMENT SYSTEM (NIMS) BACKGROUND: In Homeland Security Presidential Directive (HSPD)-5, "Management of Domestic Incidents", President George W. Bush directed the Secretary of the U.S. Department of Homeland Security (DHS) to develop the national incident management system (NIMS). The purpose of this system is to provide a consistent nationwide approach for federal, state, local, and tribal governments to work effectively and efficiently together to prepare for, prevent, respond to and recover from domestic incidents regardless of cause, size or complexity. The NIMS enhances the overall management of domestic incidents by establishing a single, comprehensive system for incident and resource management and will help achieve greater cooperation among departments and agencies at all levels of government. Implementing the NIMS strengthens each state's capabilities and resolves to fulfill its responsibilities to the American people in times of emergency. The Oklahoma Office of Homeland Security (OKOHS) has been directed by DHS and Governor Brad Henry to ensure NIMS implementation and compliance for local, county, and tribal jurisdictions as well as state agencies within the mandated time requirement. Future funding from the Office for Doarnestic Preparedness will be dependent on full NIMS compliance by September 30, 2006. There are several steps required to become compliant with this directive, one of which is a Resolution from the Owasso City Council. Other steps are concurrently being taken in areas of training and certification of first responders. The staff is also working with INCOG (the designated agency to coordinate compliance efforts) in completion of all the necessary forms and paperwork processes involved with implementing the national incident management system. Additionally, the city manager must appoint an individual within the city organization to act as the local point of contact (LPOC). This person will be the contact point that all federal / state agencies can correspond with and be the "go between" during the compliance process. Resolution No. 2006-18 August 9, 2006 RECOMMENDATION: Staff recommends Council adoption of Resolution No. 2006-18, adopting NIMS as the standard for incident management in the City of Owasso, Oklahoma; and, authorizes the City Manager to appoint an individual to act as the local point of contact. ATTACHMENT: Resolution No. 2006-18 RESOLUTION OF OR AND CITY COUNCIL OF THE CITY OF O . INCIDENTOKLAHOMA, ESTABLISHING THE NATIONAL MANAGEMENT SYSTEM THE STANDARD FOR INCIDENT IN THE CITY OF OWASSO, <J- A " OAND, AUTHORIZING.. ., O CONTACT.APPOINT A DESIGNATED LOCAL POINT OF WHEREAS, The President in Homeland Security Directive (HSPD)-5, directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for Federal, State, local, and tribal governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size, or complexity; and, WHEREAS, AS, the collective input and guidance from all Federal, State, local, and tribal homeland security partners has been, and will continue to be, vital to the development, effective implementation and utilization of a comprehensive NIMS; and, WHEREAS, it is necessary and desirable that all Federal, State, local, and tribal emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest levels of incident management; and, WHEREAS, to facilitate the most efficient and effective incident management it is critical that Federal, State, local, and tribal organizations utilize standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training, and exercising, comprehensive resource management, and designated incident facilities during emergencies or disasters; and, WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources will improve the city's ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and, WHEREAS, the Incident Command System components of NIMS are already an integral part of various incident management activities throughout the city, including current emergency management training programs; and, WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommended adoption of a standardized Incident Command System; and, WHEREAS, a specific individual needs to be designated as Local Point of Contact (LPOC) to coordinate NIMS activities and to ensure compliance. NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of OWASSO, Oklahoma, that the National Incident Management System (NIMS) is hereby established as the standard for incident management in the City of OWASSO, Oklahoma. RE IT FURTHER + SOLVED that the City Manager is hereby authorized to appoint a designated Local Point of Contact (LPOC). ADOPTED this day of , 2006. Stephen Cataudella, Mayor ATTEST: (Seal) TO: THE HONORABLE MAYOR AND CITE' COUNCIL CITE' OF OW ASSO CITY MANAGET, RESOLUTION , 2006-19, AMENDING THE INTERLOC COUNCILAGREEMENT THAT CREATES THE INDIAN NATI01 1, GOVERNMENT J DATE: August 9, 2006 BACKGROUND: For over 30 years, the Indian Nations Council of Government (INCOG) has assisted many cities and counties of northeastern Oklahoma in local and regional planning, information, coordination, communications, implementation and management services. INCOG is a service organization that provides an opportunity for cities and counties to collaborate and build consensus in finding solutions to regional issues. INCOG's governance is composed of two bodies; a General Assembly and a Board of Directors. The Board of Directors sets policy for the day to day activities of the Council. Membership on the Board is based on population size of member governments and includes elected officials and appointed citizens. The General Assembly is composed of one elected official from each member government. They are charged with reviewing and adopting plans, programs and budgets as recommended by the Board of Directors. REQUEST - At the July 13, 2006 meeting of the General Assembly and Board of Directors, members approved an amendment to the INCOG Articles of Agreement to provide Board and General Assembly membership for the Cherokee, Creek, and Osage Indian Nations. Each Indian Nation would have one representative on the Board and the General Assembly. According to the Articles of Agreement, that created INCOG, any modification to the agreement approved by the body must be approved by the passage of a resolution of all member governments. Thus, INCOG has requested the Owasso City Council (and all other member governments) adopt the attached resolution. By taking such action, the City Council is effectively approving an amendment to the "Interlocal Governmental Agreement" that created INCOG. COMMENDATION: The staff recommends Council adoption of Resolution No. 2006-19, a resolution approving an amendment to the INCOG Articles of Agreement to provide membership for the Cherokee, Creek, and Osage Indian Nations. ATTACHMENT: Resolution No. 2006-19 COUNCILA RESOLUTION APPROVING AND ADOPTING THE SECOND AMENDED AGREEMENT CREATING THE INDIAN NATIONS O'' WHEREAS, the Indian Nations Council of Governments (INCOG) was created pursuant to the Interlocal Cooperation Act, 74 O.S. sec. 1001 et sep., to enable local governments to more efficiently use their powers by cooperating with each other on a basis of mutual advantage; and, WHEREAS, On July 13, 2006, the Board of Directors and the General Assembly of INCOG approved amending the Interlocal Agreement to provide membership of the Cherokee, Creek, and Osage Indian Nations. NOW, THEREFORE, , DE IT RESOLVED that the Second Amended Agreement creating the Indian Nations Council of Governments be adopted and approved. Furthenrrorc, the Mayor by executing this resolution and causing it to be attached to the Interlocal agrecmemt, hereby documents the City of Owasso's approval of the agreement and causes the agreement to be executed. ADOPTED this 15t" day of August, 2006 Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk : THE HONORABLEMAYOR AND COUNCIL CITY OF OWASSO FROM: TIMOTHY D. ROONEY ASSISTANT CITY • SUBJECT: REQUEST FOR AUTHOR1ZATION TO DISCHARGE FIRE, WORKS EXCHANGEBANK DATE: August 11, 2006 The staff has received a request from Exchange Bank for an item to be placed on the City Council agenda for consideration to approve the discharge of fireworks before each home football game at the Owasso High School. City Code requires approval from the City Council for any public display of fireworks within the city. Attached is a copy of that section of the Code. Exchange Bank has been the sponsor for Fireworks at the Owasso High School football games for several years. The sponsors have met with representatives of the Fire Department to coordinate the event and address safety concerns. At this time, all requirements established by the Fire Department have been addressed by the sponsors. COMICIENDATIONa Because all of the issues relating to safety concerns have been finalized, staff recommends approval of the request. ATTACHMENT: 1. Portion of the City Code of Ordinances Relating to Fireworks ,. z. li:r �.reI.t.s'es F.i.[ftt. C,'rr,:reL': IQ. Con-irnitting any other act in such. a. rcranner as to unreasonably disturb or alarm the public,. (prior Code, Sees. i 4t-4I, 14-42, 14-55, Item 5d) SECTION 10-3 2 INSULTING SIGNS. LI` ERKI U OR LA:NGU G-E A, It is unlawful for any person, firm or corporation within the city to display any sign, emblem, badge, flag or device, whicb.. in Its common acceptance is insulting, profane, or abusive to the citizens of the city, and vvbich is calculated, or of which the natural consequence is, to cause a breach of the peace or are assault B. It is unlawful for any person to willfully use, utter, publish, circulate or distribute arty pr=ofbne, violent., abusive, or insulting language or literature where: A natural consequence of the language or literatt.tre is to cause a. breach of the peace or an assault; or 2e The language or. literature, in its coininon accep'tancc, is calculated to cause a breach of the, peace, or are assault. (Prior cur Code, Sec. 1.4.58) SEC I."01� ,� ail -30- 'LI IE MR-13 OR. LANGUAGE RIDICUL11 G -Mr, LI:G1019 It is C,nla:`c't!fE.:r.t Boo any person- to u(t:r, publish, distribute or circ-ulate any it{t;c` la re or langitiige \ Hain t-he corporate Iftnitsa of the cify that casts pt `fanne ridicule on aiKy deity, orcaay re igi-or , whiicl'r in ia,, C.onr,rr` on a: c(� 7, .rts>.r2€;e is, GaicG.thateE? or Where,- the Erai,rr?t:ad c.oiisequenoc is to uaise a bLeacl% of tlac- € C ace or F,s,'Et "assault (Prior Lac€,aE SAC 1 59) Sl l .t101 .ri. 304 FIREWORKS WOrat S PROHIBITED `: A. Except as provided in Subsection :l of this section the sale, ua,,, display,, firing, igriitin& lighting or diseb r e of fireworks within the city is a lawfal and are offense, II. The following are exceptions to the prohibitions in Subsection A.: 7hfiring, igniting or lighting tli . following ing are i,xeni ?i rE°r. rn the prohibition xacapaalrt ed rzi Su ser,ti;a'. A of this saectiow, sparklers, fa r§i .>`;riY1 ,'l r�� Yrli.r.a,ls and all w,aceb ty es o flr forks alaaa are,,Tart. exq,,at &siVe or noise ra€al ing iri character and are stationary, .l`ot. included r£ this exception, are 1�,o.rm n co= d l? s, bottle rockets Ti and slgy rockets; 2, '. he ci�y council rii bt, for that common good, is p .ire and si.-)o ksor a public display of fir i.,--n s Est itr#1ii drab city celebrating independence Day, ;.lyl"it; public display of Fireworks must €neet each of the 1`011owing require-trients, 90 the roue p or anizi r the event and r rrting� t, e rtrTcr�yrerfks nausr obtain t �� city counc il's specific approval far the event; b. The errant must he open. to the public, li-ee of charge; Page l d- 16 Offenses and Crimes c; The use, display, firing, ignition, fighting and discharge of tare, fire-worics must b done in the presence of an authorized representative of the citylire department'. an & The group(s) organkzing the event and igniting tie fireworks mi t rr. rn, nify and hold the city har ales for any darnage caused by the event and provide an insurance policy. with the city named as an insured, covering rin and protecting the city from liability to the ekitent it is notimmune by state law. (Prior Code, Sec. -17; Ord, No. 354, 7/ 186 cross Reference: ire Prevention Code, Section 13-101= State: Law Reference: Bottle rockets prohibited by stag law, 68 O.S. Section 1 4; State fir Nvor s fic r"'ses, 68 0,S, Sections`. 1 et seq.; municipal power to regulate, l l O.S, Section -1 l z SECTION 10-305 STORING OR KEEPING EXTILOSIVES It is Unlawful: fbr° any person to store or beep within the city any nitroglycerin, dynainitc, anygunpowder, or any other highly explosive material or substance, except that gunpowder may be kept in quantities of not to exceed five (5) pounds where the, same is securely kept. /= It 'is unlawful for a:iiY person, except those persons authorized by law, to, carry u,,pon or ab000d. is persors o in, his ve-hicle or automobile army pistol, revolver, capon Of the kind usually lcnowii as air ltrst€il. or air goon, Or Weapon ofthe lrir7d usually jeI7o,,, r r, as slingshot, bovk,1C 'aniffb, di l'e l€ ifle, s titcliblade �, lit iffez, sp -Ing rty,�' l-,,lifie' 1grrf'e having a �ilad �,'hich Operas at,,a r 7;aticall} - hand �€ 6itso ,applied f u button, spri.).ag or esthea. device in the hao dle7 of the h-,nafc, loaded cataC, bill,, mdLa 4.s1& ckICs,,,. (Fr a,,ny odhl ;r, r Co€l<i;rf.sll C: or defensive, weapo-n. l lkCStcrr 4lksCarl iFi the provisions A of this sec'L'iot ,, per:Jous shall be f Crfnifle of cGL`i_ r rrj_�l).F.n the civy shotguns, ns, rifles or air uciris \Watch are not concealed, 3f within a reasonaybIl [irne tl of are came fro -in the citys or beet. � �a1"P"P� rCS1` Y�tC 1)rir`�rCl�d� �f 1�2.�iLi� [�1��m repah , o for he l}riFl €rs€. using the =ar4r.f in a 1)Libl3C muster r or i`ESflata€C f Cb rlls, E returningf7.r7r 7 I'r:€aitin t qas l f iCJ'r' Code., ; State- 1, aw lR. fere-'nr : State firear {Its aC t, 21 O.S' Sections 1I89, 1 et se ; sh-.oilpr I Covi.-iorl ; 21 f_r E _ l C €..r:::t c,CF.;l.�rr,Il, C:�C;€C;r fC7 EsttrlF,.� G L r 7 f. €. �.,t � � ,�4krzrt f l U f t tit �.a�..� ing o _ii�si ea Carr, a .30 i..k S', �_f'%,F 0-I t t�E.i S fC.€. c,al'ij Cti,r,:.Ctl€.. JIraq tt ( s'i:tx_'.c,f.tCs_ L} this-l„a" Ctt. Gr.kk,:rc „Sk is, r,i.,ws Ain( ,', e'at Vtrt€"}.G4.CiFr '. 11i:3. i.rtf. Ck:i.._"tr c�tt,.i- pistol,LC'tCJ US -ve.CUIL[.,.., f_'tit's-, l�.tc€f.t<�, ii` � #.rt.. E11.�:�. t'11,; ,t .mac,, a_ c �, d C C<,.: (,Yt.ts ,X,IE u, or ..1 f'1k.El?c 6 a qa,EIo't.ts or n`af . dly t € toe it G gpar l Of nine ¢_g canned c.cy 6 a.aled a Ct-dt E"t ; gs r v t (`:doir Cod( See. 14-65) EQ' t0l` 1 t 8 AIR MYDES ML0,4,rll3.t€t_l' A� It is unlawful and an offense for any perisrrrr for have in his possession a loaded air rare or pistol, of siunilar instr unie it. in which the propelling force is a spring or air, within the city. Page 1 0v 17 TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER FITA �1, =��l BACKgROUND The City of Owasso has received a request to review and approve the rezoning of 78.47 acres from (AG) Agriculture to (RS-3) Residential Single -Family, located on the west side of North 129th East Ave, approximately 1/2mile north of East 66th Street North, just south of the Baptist Retirement Village. The annexation of this property was approved by the City Council on July 25,2006. Undeveloped SURROUNDING LAND USE. North: Baptist Retirement Village South: Agriculture, East: Agriculture West: Agriculture PRE SENT ZONING AG (Agriculture District) RESIDENTUL DEVELOPMENT PROCESS: The three primary steps in the development of residential property in Owasso include annexation, zoning and platting. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning. decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. Specific development concerns, such as drainage, traffic, water/wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. ANALYSIS The City of Owasso has received a request to review and approve the rezoning of 78.47 acres from (AG) Agriculture to (RS-3) Residential Single Family. It is the applicant's intent to construct single family residential homes. The request is consistent with the Owasso Land Use Master Plan as it calls for residential development in the area. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. To date, the staff has not received any comments from citizens concerning this rezoning request. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted on August 7, 2006. At that public hearing, the Planning Commission unanimously recommended that the City Council approve OZ 06-05. RECOMMENDATION E73 PLN E 73 STN i z E 72 STN >P Po a N Owasso COMMIMIty Development Departn'ient 111 N. Fain St. Owasso, OK 74055 918.376.1500 918.376.1597 www. cityofowasso.com u J t £73 ST N E 6S ST6)0 STN I I SOUTH UNE SECT]. 32 East 66th Street Mrth Legal Description m m A TRACT OF LAND IN THE SOUTHEAST QUARTER (SE/4) OF SECTION THIRTY-TWO (32) OF TOWNSHIP TWENTY-ONE (21) NORTH AND RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN (I.B.&M,) TULSA COUNTY, OKLAHOMA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NE CORNER OF THE SE/4 OF SEC. 32, T-21-N, R-14-E, I.B.&M.; THENCE S 01'05'52" E ALONG THE EAST LINE OF SAID SE/4 A DISTANCE OF 644,94 FEET; THENCE S 88-54'08" W A DISTANCE OF 66.50 FEET; THENCE S 67'20'48" W A DISTANCE OF 286.96 FEET, THENCE S 6W42'09" W A DISTANCE OF 362.08 FEET; THENCE S 87'38'10" W A DISTANCE OF 104.06 FEET' THENCE S 62'56'10" W A DISTANCE OF 261-02 FEET; THENCE S 57*35'57" W A DISTANCE OF 78.55 FEET -' THENCE S 18-18'24" E A DISTANCE OF 38.89 FEET; THENCE S 26'44'06" W A DISTANCE OF 60.30 FEET; THENCE S 30'55'33" W A DISTANCE OF 94.86 FEET; THENCE S 33'15'37" W A DISTANCE OF 74.72 FEET; THENCE S 44'54'18" W A DISTANCE OF 343.41 FEET; THENCE S 52'32'43" W A DISTANCE OF 186-51 FEET; THENCE S 39-11'47" W A DISTANCE OF 106.36 FEET; THENCE S 56'29'40" W A DISTANCE OF 199.78 FEET; THENCE S 64'12'17" W A DISTANCE OF 13&36 FEET TO THE NORTHERLY RIGHT-OF-WAY OF A RAILROAD; THENCE N 74'00'28- W ALONG SAID RAILROAD RIGHT-OF-WAY A DISTANCE OF 743.75 FEET TO THE WEST LINE OF SAID SE/4; THENCE N 01'12'25" W ALONG THE WEST LINE OF SAID SE/4 A DISTANCE OF 1574.44 FEET; THENCE N 88'45'01" E A DISTANCE OF 700.00 FEET; THENCE N 01*14'59- W A DISTANCE OF 75.00 FEET TO THE NORTH LINE OF SAID SE/4: THENCE N 88"45'01" E A DISTANCE OF 1946.79 FEET TO THE POINT OF BEGINNING, AND CONTAINING 78.47 ACRES , MORE OR LESS. (Bench,fla, k Surveying lServices, Inc P0BOX 1076�0 A.'OK=,O.A 74�MPHONE: (918) 274-S l C.A. NO. 2238 1A%_ MEMORANDUM TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO CHIP MCCULLEY CITY PLANNER BACKGROUND The City of Owasso has received a request to review and approve the rezoning of a 0.41 acre lot from (RS®3) Residential Single -Family to ( ) Residential Duplex, located at 10628 East 114 Street Forth, Lot 37, Block 3, Dale Acres 2nd Addition. r e r Undeveloped Forth: Mobile Homes South: Single-family houses East: Mobile Domes West: Single-family houses SIDENTIAL DEVELOPMENT PROCESS® The three primary steps in the development of residential property in Owasso include annexation, zoning, and platting. The second step in the development of a piece of property in Owasso is rezoning. In order to develop the property, the land must be zoned for particular kinds of uses, such as residential, office, commercial, or industrial. Rezoning decisions are made in accordance with the growth policy displayed in the Owasso Master Plan. Specific development concerns, such as drainage, traffic, water/wastewater services, and stormwater detention are not able to be considered at the zoning stage of the development process. ANALYSIS The City of Owasso has received a request to review and approve the rezoning of 0.41 acres from (RS-3) Residential Single Family to (. ) Residential Duplex. It is the applicant's intent to construct two (2) duplexes. The lot in question, though having been platted with the rest of Dale Acres several years ago, remains undeveloped. Mobile homes occupy property east of the site, while single-family houses are situated to the west. A duplex on the subject lot would act as both a buffer and a transition between the two adjacent uses. A rezoning of the subject property to RS (Residential Duplex) would be appropriate in staff's opinion. The request is consistent with the Owasso Land Use Master Plan as it calls for residential development in the area. Letters were mailed to surrounding property owners and the legal advertisement was published in the Owasso Reporter. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted on August 7, 2006, At that public hearing, the Planning Commission unanimously recommended that the City Council approve OZ 06-05. RECOMMENDATION CL > � W LAJ z E 116 PL N E 116 ST N E 113 Si N ro E 112 PL N Owasso Community Development Department 111 N. [amain St. Owasso, OK 74055 918.376.1500 918.376.1597 www. city ofowasso. corn <.. I a E 113 ST N E 112 PL N ca z -v agv, i uj. j http://maps.scigis.com/OWASSO/pfint.asp 7/28/2006 TO: THE HONORABLE MAYOR AND COUNCIL CffY OF OWASSO FROM: CHIP MCCULLEY CITY PLANNER DATE: August 9, 2006 BACKGROUND: Kellogg Engineering has submitted an application for approval of a final plat for Camelot Estates, located on the west side of North 145t" East Avenue, a 1/4mile south of East 96'11 Street North, just north of the Village of Silver Creek addition. The applicant is proposing 139 residential lots, on approximately 49.01 acres of property zoned S®3 (Residential Single -Family). A general area map is attached. EXISTING LAND USE: Undeveloped 011 North: Undeveloped -- Tulsa County South: Silver Creek East: Whispering Pines West: Nottingham Estates PRESENTZONINCaw RS-3 (Residential Single -Family) RESIDENTIAL DEVELOPMENT PROCESS: The three primary steps in the development of residential property in Owasso include annexation, zoning, and platting. The third step in the development of property is platting. A preliminary plat is required for ally development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 139 residential lots, on approximately 49.01 acres of property zoned RS-3 (Residential Single -Family). According to the Owasso Zoning Code, single family uses are included in Use Unit 6, and are allowed by right on property zoned RS-3. proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the zens of Owasso the opportunity to actively participate in the physical development and layout of the city. The sewer and water will be served by City of Owasso. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services, In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for residential development. Already, there is an emerging pattern of relatively dense housing development occurring in the general area. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted on August 7, 200 . At that public hearing, the Planning Commission unanimously recommended that the City Council approve the final plat. ATTAQRW' NTS: I. Case Map 2. Final Plat M E925TN KA A 9 Owasso Conununity Development Department 111 N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com AW 19 to UBJECT RPE M49.01 ACRES MA N Both E 88th PMT OF 7NE E/2 CF sErnaa 21, T-21-N. -ra-� �aasc. C:TY OFOWASSO, TULSSA COUNTY, UCIANOMA SURVEYOR OWNER/DEVELOPER - Benchmark Surveying & 1K1 OWASSO DEVELOPMENT Land Services, lnc. 7910 S. 101st E. Avmnue P.O. Box 1078 Tulsa. Oklahoma 74133 ...-a, O4uahomo 74C55 - (918) 392-4949 PhonO: (918) 274-9083 G A No. 223,5 Exp. Dave: Iwne 30, 2008 9 ISM. .ss g s23.35' � 9Pd�n eur u - n 1 2 a 3 v d 4 b J �� Q'g p 10 11 12 IS to av 4 FINAL PLAT ENGINEER Kellogg Engineering, Inc 6755 South 4080 Rood Td010. Oklahamo 74080 Phone: (918) 275-4080 C. A. No. 2788 ExP. Oats ,km® 30. 2007 ACC ACCESS PERNITTEp oR °°URNa SENxvUNE LNA llulT$ NO Ac¢ R/1v RIGHT-C wy u/E U11.1 EASE— R 14 E E. 26TH ST. N. c T d 21 21 N z esna 9T. u LYMI top -� TTF_ �� /4'•; r,au .o. 6a;,5 °s .--� 4 mtA /w o �d7�g 1t 2 't J r 1 2av h A -, SUP1MNyaR CbliNvS :1° Lai. 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The applicant is proposing 66 residential lots, on approximately 25.47 acres of property zoned RS93 (Residential Single -Family). A general area map is attached. lamp 1 . r; 1 'I Undeveloped SURROUNDING RANI) USE: North: Golf Course/Residential Multi -family South: Rural Residential ('Tulsa County) East: Rural Residential ('Tulsa County) West: Rural Residential (Tulsa County) PRESENT ZONING: RS-3 (Residential Single -Family) DEVELOPMENT PROCESS® The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells., or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 66 residential lots, on approximately 25.47 acres of property zoned RS-3 (Residential Single -Family). According to the Owasso Zoning Code, single family uses are included in Use Unit 6, and are allowed by right on property zoned RS-3. r the erection of a structure in such proposeA subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Comn-fission and City Council approval of a final plat for such proposed subdivision. physical development and layout of the city. The sewer and water will be served by City of Owasso. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. The Final Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for residential development. Already, there is an emerging pattern of relatively dense housing development occurring in the general area. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted on August 7, 20W At that public hearing, the Planning Commission unanimously recommended that the City Council approve the final plat. RECOMMENDATION: . . . . . . . . . . . 1. Case Map 2. Final Plat. IE'V Sr 'V 4r Owasso Community Development Department III N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com I a Owasso Community Development Department III N. Main St. Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com I a Final Plat Champion East A PART OF THE E/2 OF SECTION 2& T-21-N, R-14-E AN ADDITION TO TULSA COUNTY, OKLAHOMA SURVEYOR OWNER/DEVELOPER• ENGINEER Benchmark Surveying & Soc's Realty Land Services, Inc. Seventy Sixth Place, L.L.C. Kellogg Engineering, Inc P.O. Box 1078 P.O. Box 8 Owotto, Oklohomo 74055 Owaeto, Oklahoma 74055 Phone: (918) 274-9081 6755 South 4060 Rood Tolala, Oklahoma 74080 Phone: (918) 272-3234 Phone: (918) 275_4080 YV w aA wit U/F Un(l,y FA R 14 E EAST 881H STR. NORTH Kp + .MY , ;T d3 F N j js EAST 70TH STREET NORTH t_ocotlon &iap •. oov 9.maMSpu C[wiaw5 66 tOli nv 2 11-1 1 1Stl1 —A mrx .x zsaz eF�a tA�: sr"rz a.vt axo sFuro<cs �.usisswAwrw ox ,ws aA, .sF Accra"rF u w nna . wa;Fsxs ,.e•F suaxe, ,o c,iusz slant rirFx � taxn cw w nAx ra nR scwa oFsara,rov. eu teams wnF waareF.sn:o mn, s/e� aa. rws wrtoro nAra xoro vr+a=oso sn: rs rnxvur ur w�zwt Nu', rA io�no nez+ui Frr'i rcros s�rvroie�6°'xzNO:esa `a' Curm Inlonmollon aa4e @ uhc �,A x.nus ,r„x., f A/E n—cu. AFAS[x£H4 cc ss rmwrrto u� vmirrr v,.iuh�c, r MUM-0 Irj`n tP.a '� II 21 a a I I I �oS EF aA , I I,IV4 I- j�awzc v. rrVR ar g I EL mr. Qetr- I I pp 0 21,..7 m r o I I rai i t11it s- �� I I I rr w'---- I i wig I�_I s — I ,nor e 12y. 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A M CERTIFICATE mOF SURVEY vane rr,wm .w a..+ yr �� .mvi gTyel�(� u uu""Oal cs, a/svwwn mnm mt �<' IIffi9A Fi 18BIi7R mr. m�aui.�m--- 3980 o a' m°rz m maamw) r� nFICATE OF NTY n�TAm,z em..� )ices .oLLT�'A$UREil CITY OF OWASSO w.uPLANoN.INwCt �NYLS9tYd c PUT t+ wwusiaws .wsY. war nnnn w, iw NA*CERnTIFIC ATE OF FINAL P INP ALAT APPRovAL nmu. a w s•^., nmuan CERTIFICATE TE OF OlYA5S0 a7 y CLERK CiAMPIONS S�ASvJ TO: THE HONORABLE MAYOR AND COUNCIL CUY OF OWASSO FAOM: CHIP MCCULLEY CrrY PLANNER DATE: August 9, 2006 BACKGROUND: Kellogg Engineering has submitted an application to the Planning Commission for approval of a final plat for Champion West, located on the north side of East 76 th Street North, and approximately 3/4 mile east of North 129t" East Avenue. The applicant is proposing 48 residential lots, on approximately 14.26 acres of property zoned RS-3 (Residential Single -Family). A general area map is attached. EXISTING LAND USE - Undeveloped SURROUNDING LAND USE: North:7 Golf Course/Residential Multi -family South: .oral Residential (Tulsa County) East: Golf Course West: Rural Residential (Tulsa County) PRESENT ZONING: RS-3 (Residential Single -Family) DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. Once the property development proposal. shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council, If approved, the final plat is filed with the office of the County Clerk and governs all filture development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 48 residential lots, on approximately 14.26 acres of property zoned RS-3 (Residential Single -Family). According to the Owasso Zoning Code, single family uses are included in Use Unit 6, and are allowed by fight on property zoned Whenever any subdivision of land is proposed, before any permit for the erection of a structure in such proposed subdivision shall be granted, the owner of the land or his agent shall apply for and secure both Planning Conitnission and City Council approval of a final plat for such proposed subdivision. 'JIT-A-0nMi Mu4mui process 6-ves the citizens of Owasso the og%ortuaLuij to arti ate in the physical development and layout of the city. The sewer and water will be served by City of Owasso. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. The Final Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for residential development. Already, there is an emerging pattern of relatively dense housing development occurring in the general area. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public healing conducted on August 7, 20W At that public hearing, thePlanning Commission unanimously recommended that the City Council approve the final plat. 0W, 1 V-- Vfi ATTACHMENTS: I. Case Map 2, Final Plat Final Plat Champion West A P_ OF SE/4 SECTION 28, T-21-K R-14-E CITY OF OWASSO, TULSA COUNTY, OKWIC)MA SURVEYOR OWNER/DEVELOPER: ENGINEER Benchmark Surveying & Land Services, Inc. Soc's Realty Seventy Sixth Place, L.L.C. Kellogg Engineering, Inc. >a , P.O. Box 1078 Owasso, Oklahoma 74055 Phone: (918) 274-9081 P.O. Box 8 Owoeao, Oklohomo 74055 Phone: (918) 272-3234 6755 South 4050 Rood T.I.I., Oklohoma 74080 Phone: (918) 275-4080 J S BB'82' lY s Sods: a T `� 4 n A L#RS a An AccEss VI UMW�ElSE MT b 3'n GpC P T W' C�nptWN(aty EM i R 14 E EAST BSTH s NORTH —Ta .T= i e FE a x .AS 6 5 NORTI Location Map YP0��5SW LttI1A <e LOTS W I ECOC!(. 1 �sEAYt RF<A Ti. —1Ta.za Hurts -a si ilA� [FIB v[AxtiGs i aRE -Alt CN/dlLE As Or >1& Th+E T!E RAi HAS HIED. MOxE55ES A c sUd.4CT Tv A» sxAan xcxs snu m x nrcE a >IS tFCN. xxsmray. 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Ab Teal K9�O.nK OPI�mII3MAUD bapt�` na ouactwa roe armzm, sC� '-alwrR Kiribcnae a Cwmnmas svALL uoT Aartc1 war rc lx oMu R1Damvy wort pxsat �Aw w !NL M1lt3 .ra ar[DT. p>� K auaAVTr. 60r AS (<°I�Y MOI[d N p.QIaC ¢141sa YAKS M 9uawrtY. m� m aFtlm. aAaaml M WnSKY R vanQ M Smww1G bNwtYvr aA Mra. mom'"w w :�t[aa"s um w [,arm dr. w.ca+D aiban unAnaa M mww a sura.n ra Wr r.utrASAp .,ePmc w ua a Wr nawrWn v aIa'.uaaexrApun, uAKirr, rnxm _ rbiuu t CERMRCATE OF SURWY mnaN � NTY °c Dom vw w am: x.a CERTIFICATE vmI ..uOU.w AuTREASURER xo A wonr m.:.amD CITY OF OW/SSO P_ANNN CCQMISSICN I romr m,mr wAT um .vr�w ns.m:m� m �wmo PLAT APPROVAL FINAL CERTnCAlE OWASSO CITY llma m en s[aN. Amlwwr rno[IIxK xa°Of M t"wCLERK wins Auvice rur. CHAWIONS WEST 91LY 1, 20M MEMORANDUM TO: THE HONORABI,E MAYOR AND COUNCn, CITY OF OW ASSO FROM: CHIP MCCULLEY CITY PLANNER SUBJECT: FINAL PLAT (Crescent Ridge) DATE: August 9, 2006 BACKGROUND: Kellogg Engineering has submitted an application for approval of a final plat for Crescent Ridge, located west of North Garnett Road, just north of the Country Estates V addition. The applicant is proposing 101 residential lots, on approximately 29.70 acres of property zoned RS-3 (Residential Single-Family). A general area map is attached. EXISTING LAND USE: Undeveloped SURROUNDING LAND USE: North: Rural residential South: Country Estates Rural residential West: Agricultural. uses ranch. to west across a PRESE~T ZONING: RS-3 (Residential Single-Family) such as utility lines, wells, or easements are at the preliminary plat stage and must be remedied to development. the property development proposal shows a division of lots that is acceptabl.e to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, tight-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate 101 residential lots, on approximately 29.70 acres of property zoned RS-3 (Residential Single -Family). According to the Owasso Zoninj Code, single family uses are included in Use Unit 6, and are allowed by right on property zoned RS-3. The property was the subject of a preliminary plat that was accepted on May 10, 2004 erection 01 a struc-Luie III su(;Il pr(yPosvo- W-tuivislon N11all VU gIMILUU, UIC-UTTIMI V1 LIX Id11U'*I Ins 4Cm shall apply for and secure both Planning Commission and City Council approval of a final plat for such proposed subdivision. The Final Plat review process gives the citizens of Owasso the opportunity to actively participate in the physical development and layout of the city. The development will be served by City of Owasso sewer and water by Rural Water District No. 3 — Washington County, Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. The Final Plat meets Owasso Zoning Code Bulk and Area requirements. The lot and block specifications established in the plat layout are adequate for the development of single family homes. In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use Master Plan, as the area is forecasted for residential development. Already, there is an emerging pattern of relatively dense housing development occurring in the general area. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted on August 7, 2006. At that public hearing, the Planning Commission unanimously recommended that the City Council approve the final plat. RECOMMENDATION: Staff recommends approval of Crescent Ridge final plat.. AYJ'ACHMENTS: I. Case Map 2. Final Plat Owasso Community Development Department 111 N. Fain St, Owasso, OK 74055 918.376.1500 918.376.1597 www.cityofowasso.com IILJIS Y a5 d.�' M_/.TtNt G p CRESCENT IDGE R a PART OF NE/4 ! i SECTIONS, T-21-N, R-14-E / CITY OF OYASSO, A COUNTY, O,Y1:AHOMA ° r„s> ccwr. TULS LOCATION M" .vwie , =.o• m rn dONEk RS-3 R1801N9C01 4DNTNNS / // 3;®� ®uA- _ 4auu I'1�x a !{ B e ffilJQY S: •S 'i IS ; $I I w� - _ _ l 1ol no,s iw ¢aoocs vs�; ' ed'eA \ as v. aml v. °s aye ss. •s w�u. ,l�� aim sr. `: auaau I� 5nwv 1 3p S I romrr.r. a mav�.rsm� g lore AREo; 2s.7o AeeEs sngeEsxs snomN eN TNIs PUT AaE GLCtIPA1E i;� J ,_ A aw _ m.e p+aN PT. IA Dr 77,E IECu pEs�H'E"FnF RELEO / ,' •°,V / ea ,-®, -p: - -- .-4� - _ _.tln� - L 124ffi Sl8 il' -" - ac¢a KCf.0 K G.MU+ER AD. PERbiIF➢ G Lr sa-- fL000 PWN NOTE MiD'0�0 SK IS IXJTSDE 6 ��: / s / / / 1a •J 'c -. r. 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Na a mI»n ro M x[SxMvwnat a, rrw[ �vHIL�� �uM a�v Blew PeFxaY[YttvM vro sovU� u u � InneruNir aU+tma Y+uawtN� ))��M eR rw�ra "B t� faro "n� w Y� om�ass� o ♦T�`i�[r v Mp � atq�,R as m.nw n�nau a norzcna"'w�rl m ms o[anwwra w�ic♦�s"'� wmt w�ewrogm�T`auu"�i ec narvrtn m .m�'s iwrx�i q`klnG� n@SKS M eveli No B �Daaanw P� v� XmaA t9 tt CR(� C vnoap M CII¢ M` G♦NITI'T¢CA¢ �MTN`i �n� wrmw C M CERTIFICATE OF OWNERSYYP aooa P �I � S Mtaoric2 i� uM'nw—TSc iM —RnTrn WY CERTIFICATE OF SUR me„mw"�"1 N —_nruc�w tER�ForaKE� COUNTY ru '.,TREASURER CITY OF OWASSO ad.PLANn..Wm.�CM♦..NlaraCINT,e .♦♦t a c«�v.T .�no< I.mm.n♦tOEIIMFICa E OF F m.PLA9 T A ROVv CERTIFICATE OF OB1ASSO CITY CURY CRESCENT RIDGE .aAY 1. n 'ro: THE HONORABLE M.AYOR AND COUNCEL CM OF OWASSO FROM: CHIP MCCULLEY CM PLANNER 17 l�illl:llll milli M�illilli��illillill��ll� DATE: August 9,2005 BACKGROUND: Kellogg Engineering has submitted an application for approval of a final plat for Tyann Plaza VIII, located east of the Owasso Expressway, just south of Tyann Plaza VH addition and the Tyann Plaza shopping center. The applicant wishes to create one (1) lot on 2.01 acres for commercial use. A general area map is attached. North: Undeveloped South: Undeveloped East: Owasso Public Schools West: Owasso Expressway DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or casements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property. ANALYSIS: The applicant is requesting this review in order to facilitate commercial development on a 2.01 acre tract. The subject property is zoned CS Commercial Shopping Center District. .According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. Off site stormwater dentition has been provided for this development to the southeast in the storm water detention center behind Home Depot. The site is within the City of Owasso's utility service district. It will be provided water and sewer services by the City of Owasso. The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. Necessary utility easements have been established along the parameters of the proposed plat to accommodate essential utility placement and access. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted on August 7, 2006. At that public hearing, the Planning Commission unanimously recommended that the City Council approve the final plat. approvalStaff- recommends A'ITTA.0 NI°S® 1. Case .Map 2. Final Plat Dowd el Deaf<attm,: m v n R-i.w ®®me m nd arum m wa aaa. cmem: a+s� c e"m�� c ,'xa�s�o4c Cwton R®abfctiunm: �• 1. � aznms aw unm r,Asameax w..®u � +�..�a.sv z urmsana,o ¢acme r �+.c� .� m gym, q yRws�it mmme w maam mr rwvm m vo .ao�m n m w Quuma`�o°wsa � �w �rtmcvm s wormer �aDr.w<°b'�°i0'°�^°°° oaf Hama. m cma � rw� wu m, rm m w ereo nmwc mo.w,s w ..aa-a,u..wm �a ®a¢ �m m urn a m aNa SaOldppSawat��CRa. m a +me ,mc sa,a maw,.W ma,t.,..a�au��nM,cnw wamm� n¢a m<: wTaepea ®w s,� i n fr.�p M1m �� w mauvm mm mom Cmnixm .um �.w'sJ v �tmb � escut snu enwv m % on m ommi m. a¢ T+ua n mmrmm mmv s¢ z oenwrs �e�m mwTx m,. mw,..e m � � n oiouuzz aa¢q Am w.m.rx. A PART OF THE NORTHEAST OUARTER (NE/4) AND THE NORTHWEST WARTER (NW/4) OF SECTON 20, TOWNSHIP 21 NORTH, RA GE 14 EAST W VN AITIC TO THE CITY OF OWASSO. TULSA COUNTY, CXLAHOMA I LOT N 1 BLocK 2 01 ACRE TRACT ZONED- CS .G� ''YY \ reams tmffi. \ rr sr \ Yll \ B1i)iIS i \ 117Y \ RxatR 6 \ ,yYg, \sa P \ ,POB c \ / 4' \ / sip V/ SURVEYOR- D. GOSS & ASSOCIATES, LLC P.O. BOX 216 COWNS\)ALLE. OK 74021 Certi,'Icote (oP78Authairization No. 3932 R_.1 Dot. June 30, 2007 OWNER / DEVELOPERS TYANN DEVELOPMENT CO., INC. PO BOX 397 OWASSO, OK 74055 (918) 274-0517 ENGINEER KELLOGG ENGINEERING, INC. 6755 SOUTH 4060 ROAD TALALA, OKLAHOMA 74080 CcrtiPcate (c482u h7orixcttim No. 2788 Renawal Dot. June )0. 2007 s Poc ( comER SCC -0 i ,e SITE N.T.S. BENCFi4@APK ®nv� R 14 E IT T 21 Bs,S1 m SECTiOry 10 TULSA Co-N jACATT®IQ P SCALE 1"=2Ga0' w �.®m�mtTrxarE m Offi{pyyp � mmar, m vu ( m o,qa mom rmmu[ CERl161Gi[ 4< L.R�£Y CERTPICATE (Y -1 PLAT APPR , FWiZ RLA7' rra w P Aza vm TO: THE HONORABLE MAYOR AND COUNCIL CrfY OF OWASSO FROM- CHIP MCCULLEY CfrY PLANNE R DATE: August 9, 2005 BACKGROUND: Kellogg Engineering has submitted an application for approval of a final plat for Tyann Plaza V, located south of the Owasso Expressway, just north of the Tyann Plaza shopping center. The applicant wishes to create three (3) lots on 21.73 acres for commercial use. A general area map is attached. EXISMG LAND USE North: Logan's Road I -louse South: Undeveloped East: Home Depot West: Tyann Plaza DEVELOPMENT PROCESS: The four primary steps in the development of commercial property in Owasso include annexation, zoning, platting, and site planning. The third step in the development of property is platting. A preliminary plat is required for any development that proposes to divide land into two or more lots. Plats illustrate the development concept for the property, and are often modified significantly after being reviewed by the Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes, difficult development issues such as existing utility lines, wells, or easements are brought to light at the preliminary plat stage and must be remedied prior to development. Once the property development proposal shows a division of lots that is acceptable to both the developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the layout and dimension of lots included on the final plat, right-of-way widths, easements, and other physical characteristics that must be provided for review by the City. After obtaining approval from the TAC and Planning Commission, the final plat is considered by the City Council. If approved, the final plat is filed with the office of the County Clerk and governs all future development on that property, ANALYSIS: The applicant is requesting this review in order to facilitate commercial development on a 21.73 acre tract. The subject property is zoned CS Commercial Shopping Center District. According to the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants, convenience stores, shopping centers, service stations, etc. Stormwater dentition has been provided for this development to the southeast in the storm water detention center behind Home Depot. The site is within the City of Owasso's utility service district. It will be provided water and sewer services by the City of Owasso. The proposed final plat satisfactorily meets the requirements established in the Owasso Zoning Code. Necessary utility easements have been established along the parameters of the proposed plat tc accommodate essential utility placement and access. PLANNING COMMISSION: The Owasso Planning Commission considered the application at a public hearing conducted on August 7, 2006. At that public hearing, the Planning Comrnission unanimously recommended that the City Council approve the final plat. RECOMMENDATION: Staff recommends approval of the Tyann Plaza V Final Plat. ATTACHMENTS: 1. Case Map 2. Final Plat FUDRUCKERS BANK OymsoCmmnumt Development Dep!!met III N. Main St Oym&b OK 74055 9!%J76.150 918.376.1597 www.cityofowasso.com M % Dal) t XCpCAn FS Care« atslmen s •mow "3� e w - o.�... ®,-�.� w ®.wrsw®mw.w wwm.-w.®rw"iim �� za...m® nam nw no¢ r°m�a� srr a arrm¢ C ram rm xm rum rea memo � aam ,m �mazmn n OWNER I DEVELOPER: TYANN DEVELOPMENT CO., INC. PO BOX 397 OWASSO. OK 74055 (918) 274-0517 SURVEYOR- D. GOSS & ASSOCIATES, LLC P.O. BOX 216 COLLINSMLLE, OK 74021 CerYifi<aYe (9of Rufl ) 371-7750 thor12ation No. 3932 P.en—ol Dote; ,lone 30, 2008 ENGINEER KELLOGG ENGINEERING, INC. 0755 SOUTH 4060 ROAC TALALA, OKLAHOdA 74080 Cz-;ificete (9 48)u4h5iza�oo Na. 2788 Ren 6 Dote; ,lone 30. 2007 /a I R 14�E Ni / 3 2c 21 c amv sr, w Cr-rz»1 7a 1U�sn couralY LOCATION MAP SCALE: 1'-2000' nnvv PUzn l atota I TY m PUL YI IOilaa U. / I i _ _ 1- - ea%cr II -T---------------- BENCiiMARE--, I I eu� II m m w wow z FLAW. PUT TPANN PLAZA V , LY 1. 1 ►f TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF t FROM: ANA STAGG, P.E. PUBLIC WORKS DIRECTOR DATE: August 11, 2006 BACKGROUND: The Three Lakes pond and dam consists of a small (0.50 Acre — approx.) impoundment and earthen embankment structure located in the Northeast''/4 of the Southwest'/4 of Section 20 (T21N, R14EIM) within the city limits of Owasso, Tulsa County. Located south and east of U.S. 169 and north and west of the intersection of East 86t1i Street North and North 129"i East Avenue, the project is contained within Block 5 of the Three Lakes III subdivision as recorded on June 21, 1983. Because of continued deterioration of both the dam and the spillway, the pond and structure were included in the priority list of Stortnwatcr Master Plan projects. A conceptual geoteehnical study — performed by Terracon in June 2005 — included recommendations for removing the old dam and vegetation, excavating and preparing the sub -grade as a foundation for the new structure and suggestions for fill material and placement methods. Such recomincndations are consistent with good engineering design and general earthen dam construction and will serve to restore the structural integrity of the Dam and mitigate the upstream erosion and flooding problems. Construction of such repairs is estimated at $350,000. To expedite the replacement of the defective dam, an allocation of $50,000 was provided in FY 2006- 2007 Stormwater Management Fund for the performance of Engineering Services. On August 01, 2006, Meshck and Associates submitted an Engineering Services Agreement for Dam Improvements for a fee not to exceed $45,000.00 for staff review (Attachment A). It is anticipated that staff will finalize Scope of Services by August 8, 2006 and obtain a- final Agreement for approval by August 15, 2006. FUNDING SOURCE: Funding for Engmccring services have been allocated under Stormwater Management Funds No. 27- 370-53001. RECOMMENDATIONS: Staff rccornmends Council approval of the Agreement for Engineering Services with Mcshek and Associates for a fee not to exceed $45,000.00. A. Engineering Contract Documents — Meslick & Associates i" •. I - e I io I N :4 :4,111W.41 11 *02 PAN N I 1A I U :00010A THIS AGREEMENT, made and entered into this day of , 2006 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, Meshek & Associates, Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct a replacement dam for the existing Three Lakes pond, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: 1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROJECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of. this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION_, and further described in Attachment E, FEE MANHOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. 6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information. from others that is incorporated into the record. drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer -generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. OPINIONS OF COST AND SCHEDULE. 2.1. Since ENGINEER has no control over the cost of Labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 for each person and not less than $1,000,000 for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance hi accordance with statutory requirements and Employers' Liability. Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, Inc. P.O. Box 636 20 West 21 d Street, Suite 200 Sand Springs, OK 74063 Attention. Janet K. Meshek, PE, CFM To CITY. CITY OF OWASSO, OKLAHOMA P.O. Box 180 Owasso, Oklahoma 74055 Attention: Ana Stagg, PE 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F, and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. _APPROVAL. It is understood and agreed that all work performed under this AGREEMENT' shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and monthly thereafter and will be available for public meetings and/or City of Owasso presentations. 22. _KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Janet K. Meshek as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. Meshek & Associates, Inc. Janet K. Meshek, PE, CFM Date APPROVED: City Clerk Mayor Date APPROVED AS TO FORM: City Attorney City of Owasso, Oklahoma Three Lakes Dam Improvements • SCOPE OF PROTECT. The PROJECT shall consist of the preparation of preliminary and final design phases and the preparation of construction plans and specifications for the replacement of the dam and appurtenant drainage improvements between 89th St. North and 90th St. North and between 121st E. Ave. and 123rd E. Ave. The improvements include compliance with regulatory agencies including the Corps of Engineering for 404 permits and FEMA, and utlitiy relocation coordination. It is expected that there shall be a number of construction and service contracts which must be entered into in order to bring this PROJECT into being. AGREEMENT FOR ENGINEERING SERA/ICES ATTACHMENT A_AMEND A-1 Agreement Engineering Services .Yy ,r t f City of Owasso, Three Lakes Dam Improvements Attachment r; 'The services to be performed by the ENGINEER, Meshek & Associates, Inc., under this AGREEMENT will consist of the preparation of construction plans and specifications for the replacement of a dam and appurtenant drainage improvements. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that the PROJECT will be designed and constructed in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.1.a) Ground Survey for topography and elevations of selected features B.1.b) Legal description of final "reserve" area B.1.c) Geotechnical analysis of soil and embankment requirements B.1.d) Meetings with City Engineers and affected landowners as required B.1.e) Preliminary hydrologic and hydraulic design B.1.f) Detention pond dam and appurtenant drainage improvements preliminary design B.1.g) Preparation of preliminary cost estimates to verify budget 13.11) Final hydrologic and hydraulic design B.1.i) Detention pond darn and appurtenant drainage improvements final design B.1.j) Preparation of Contract Documents and Specifications B.1.k) Preparation of Final Cost Estimates AGREEMENT FOR ENGINEERING SERVICES ATTACHMFNI B AMEND g_1 Agreement for Engineering Services for the City of Owasso, Three Lakes Dam ■. y . 4I M, ,.Attachment C 17 RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate in writing a person to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing". C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings, proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. C.5 Construction Administration Phase. Review and take appropriate action on contractor shop drawings and material submittals, and review of contractor pay estimates. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT C_AMEND C-1 Agreement for Engineeringo the OCity of Owasso, klahoma Three Lakes Dam Improvements COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation. D.1.1 For the work under this project, Attachment B, the total maximum billing including direct costs and subconsultant services shall be $45,000 which amount shall not be exceeded without further written authorization by the CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other professional consultants shall be compensated for at actual cost. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at $.43 per mile. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.3. D.3.3 Any other direct costs shall be compensated for at actual cost. D.4 Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the same basis as provided for in D.2 and D3. D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination as follows: AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D_AMEND D-1 D.5.1 For hourly services as presented in D.2. D.6 Conditions of Payment. D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D_AMEND D_2 City is Owasso, Oklahoma ImprovementsThree Lakes Dam Attachment E Hourly Rates For: Meshek & Associates, Inc. Amount ($/ hour) as per Exhibit E: E.1 Allowance for Office Work: Labor billing will be computed as the actual hourly salary rate times a multiplier of 2.541. The multiplier consists of: Salary 1.000 Overhead 1.420 Subtotal. 2.420 5 %Profit 0.121 Total Multiplier 2.542 E.2 Travel Expense: Total mileage traveled for field and office visits x $0.43/mile E.3 Reproduction costs: E.3.1 In-house reproduction Copies $ 0.20/each Prints $ 2.00/each 11 x 17 Color Prints $ 3.50/ each Black and White Plots $18.00/ each Color Plots $28.00/each E.3.2 Outside reproduction At Cost EA Miscellaneous expenses and fees: At Cost AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT E_AMENDED A i r i y Exhibit The following hourly rates will be used Meshek & Associates, Inc. employees on work on this project. The rates are based on current salary levels and will be revised as necessary during this calendar year for employee salary adjustments and new employees. The rates are based on actual salary times a multiplier of 2.542. Janet Meshek Principal Engineer, PE $103.88 William Tom Meshek Principal Engineer, PE,LS $103.88 Dale Reynolds Project Engineer, PE $79.44 Brandon Claborn Project Engineer, PE $79.44 Chris Duncan Project Engineer, PE $79.44 Jack Goble Project Engineer, El $61.11 Ben Fletcher _ Engineering Technician $61.11 Chris Hill GIS Specialist_ $67.22 Sterling Overturf GIS Specialist $67.22 Michael Couch GIS Technician $42.77 Mike Allen CADD Technician $55.00 EddyBarday Construction Inspector $42.77 Darlene Daugherty Administrative Assistant $38.13 Jessica Bartley Clerical $25.42 EXHIBIT E-1 E-1 i71"61 MIT City of Owasso, Oklahoma Three Lakes Dam i • F. SCHEDULE. The schedule for the preliminary design and final design phases of the Three Lakes Dam Replacement project are provided as follows: F.1. Assuming a Notice to Proceed of August 21, 2006, surveying will be completed by September 5, 2006. F.2 Preliminary design and preliminary probable construction cost estimate will be completed by November 5, 2006. F.3 Geotechnical Engineering will be complete by September 21, 2006. F.4 Assuming a two -week review period by the City of Owasso, final Design and final probable construction cost estimate will be completed by December 19, 2006. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT F - SCHEDULE AMENDED F-1 HONORABLE MAYOR AND CITY COUNCII CITY OF OWASSO ]FROM: PUBLIC WORKSDIRECTO, SUBJECT: fi VICES — DESIGN, AND REVIEW MESHEK AND ASSOCIATES DATE: August 11, 2006 BACKGROUND: If approved by the City Council, this agreement continues and extends engineering services between City of Owasso and Meshek & Associates. The agreement was originally executed on July 2005, for miscellaneous engineering reviews of development projects or areas with drainage problems, and analysis and conceptual design of drainage improvements, as directed by the City. This extension of the engineering contract agreement will provide continuity to the review process without reducing service to the development review process provided to all developers and protection to the community's citizens. This extension, as proposed, would be executed for the fiscal year 2006-2007 and includes compensation for a fee amount not to exceed $60,000.00. It should be noted, that this is not a "lump - sum" contract, rather it is based on a fee for "hours worked" and pre -agreed hourly rates. All other conditions of contract shall remain per original agreement. FUNDING SOURCE: Funding for Extension of Engineering Services have been allocated under Stonnwater Managemcnt Funds No. 27-370-53001 in the amount of $60,000.00. COMMENDATIONS® Staff recommends Council approval of the Extension of Engineering Agreement for Miscellaneous Drainage Engineering Reviews and analysis between the City of Owasso and Meshek and Associates in an amount not to exceed $60,000.00. ATTACHMENTS A. Draft Engineering Contract Documents — Meshek & Associates Y THIS AGREEMENT, made and entered into this day of , 2006 between the City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as CITY, Meshek & Associates, Inc., hereinafter referred to as ENGINEER; WITNESSETH: WHEREAS, CITY intends to construct a replacement dam for the existing Three Lakes pond, hereinafter referred to as the PROJECT; and, WHEREAS, CITY requires certain professional services in connection with the PROJECT, hereinafter referred to as the SERVICES; and, WHEREAS, ENGINEER, is prepared to provide such SERVICES; WHEREAS, funding is available for the PROJECT through NOW THEREFORE, in consideration of the promises contained herein, the parties hereto agree as follows: SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A, SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part of this AGREEMENT. 2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached hereto and incorporated by reference as part of this AGREEMENT. 3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and incorporated by reference as part of this AGREEMENT. 4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D, COMPENSATION_, and further described in Attachment E, FEE MANHOUR BREAKDOWN, which are attached hereto and incorporated by reference as part of this AGREEMENT. 5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B, SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F, SCHEDULE, attached hereto and incorporated by reference as part of this AGREEMENT. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES undertaken in a manner consistent with the prevailing accepted standard for similar services with respect to projects of comparable function and complexity and with the applicable laws and regulations published and in effect at the time of performance of the SERVICES. The PROJECT shall be designed and engineered in a good and workmanlike manner and in strict accordance with this AGREEMENT. All engineering work shall be performed by or under the supervision of Professional Engineers licensed in the State of Oklahoma, and properly qualified to perform such engineering services, which qualification shall be subject to review by CITY. Other than the obligation of the ENGINEER to perform in accordance with the foregoing standards, no warranty, either express or implied, shall apply to the SERVICES to be performed by the ENGINEER pursuant to this AGREEMENT or the suitability of ENGINEER'S work product. 7. LIMITATION OF RESPONSIBILITY. 7.1. ENGINEER shall not be responsible for construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the PROJECT. 7.2. The presence of ENGINEER's personnel at a construction site is for the purpose of providing to the CITY a greater degree of confidence that the completed construction work will conform generally to the construction documents and that the integrity of the design concept as reflected in the construction documents has been implemented and preserved by the construction contractor(s). 7.3. In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of ENGINEER. 7.4. Record drawings will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. 7.5. ENGINEER's deliverables, including record drawings, are limited to the sealed and signed hard copies. Computer -generated drawing files furnished by ENGINEER are for CITY or others' convenience. Any conclusions or information derived or obtained from these files will be at user's sole risk. 8. OPINIONS OF COST AND SCHEDULE. 8.1. Since ENGINEER has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors', subcontractors', or vendors' methods of determining prices, or over competitive bidding or market conditions, ENGINEER'S cost estimates shall be made on the basis of qualifications and experience as a Professional Engineer. 8.2. Since ENGINEER has no control over the resources provided by others to meet construction contract schedules, ENGINEER'S forecast schedules shall be made on the basis of qualifications and experience as a Professional Engineer. 9. LIABILITY AND INDEMNIFICATION. 9.1. ENGINEER shall defend and indemnify CITY from and against legal liability for damages arising out of the performance of the SERVICES for CITY, including but not limited to any claims, costs, attorney fees, or other expenses of whatever nature where such liability is caused by the negligent act, error, or omission of ENGINEER, or any person or organization for whom ENGINEER is legally liable. Nothing in this paragraph shall make the ENGINEER liable for any damages caused by the CITY or any other contractor or consultant of the CITY. 9.2. ENGINEER shall not be liable to CITY for any special, indirect or consequential damages, such as, but not limited to, loss of revenue, or loss of anticipated profits. 10. CONTRACTOR INDEMNIFICATION AND CLAIMS. 10.1. CITY agrees to include in all construction contracts the provisions of Articles 7.1, and 7.2, and provisions providing contractor indemnification of CITY and ENGINEER for contractor's negligence. 10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER as additional insureds on the contractor's general liability insurance policy. 11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall procure the permits, certificates, and licenses necessary to allow ENGINEER to perform the SERVICES. ENGINEER shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES. 12. INSURANCE. 12.1. During the performance of the SERVICES under this AGREEMENT, ENGINEER shall maintain the following insurance: 12.1.1. General Liability Insurance with bodily injury limits of not less than $1,000,000 for each occurrence and not less than $1,000,000 in the aggregate, and with property damage limits of not less than $100,000 for each occurrence and not less than $100,000 in the aggregate. 12.1.2. Automobile Liability Insurance with bodily injury limits of not less than $1,000,000 .for each person and not less than $1,000,000 .for each accident and with property damage limits of not less than $100,000 for each accident. 12.1.3. Worker's Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance with limits of not less than $100,000 for each occurrence. 12.1.4. Errors and Omissions Insurance to remain in effect during the PROJECT and the term of any legal liability. Errors and Omissions coverage to be for a minimum of $1,000,000, deductibles subject to approval. 12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a provision that such insurance shall not be canceled without at least 30 days written notice to the CITY. 13. OWNERSHIP AND REUSE OF DOCUMENTS. 13.1. All documents, including original drawings, estimates, specifications, field notes and data shall become and remain the property of the CITY. 13.2. CITY'S reuse of such documents without written verification or adaptation by ENGINEER for the specific purpose intended shall be at CITY'S risk. 14. TERMINATION OF AGREEMENT. 14.1. The obligation to continue SERVICES under this AGREEMENT may be terminated by either party upon fifteen days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 14.2. CITY shall have the right to terminate this AGREEMENT, or suspend performance thereof, for CITY'S convenience upon written notice to ENGINEER; and ENGINEER shall terminate or suspend performance of SERVICES on a schedule acceptable to CITY. In the event of termination or suspension for CITY'S convenience, CITY shall pay ENGINEER for all SERVICES performed to the date of termination in accordance with provisions of Attachment D, COMPENSATION. Upon restart of a suspended project, ENGINEER's contract price and schedule shall be equitably adjusted. 15. NOTICE. Any notice, demand, or request required by or made pursuant to this AGREEMENT shall be deemed properly made if personally delivered in writing or deposited in the United States mail, postage prepaid, to the address specified below. To ENGINEER: Meshek & Associates, Inc. P.O. Box 636 20 West 21 d Street, Suite 200 Sand Springs, OK 74063 Attention: Janet K. Meshek, PE, CFM To CITY: CITY OF OWASSO, OKLAHOMA P.O. Box 180 Owasso, Oklahoma. 74055 Attention: Ana Stagg, PE 15.1. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of ENGINEER and CITY. 16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to be in default of this AGREEMENT if delays in or failure of performance shall be due to forces which are beyond the control of the parties; including, but not limited to: fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage; inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial restraint. 17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court of competent jurisdiction as unenforceable, such portion shall be severed herefrom, and the balance of this AGREEMENT shall remain in full force and effect. 18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments A, B, C, D, E, and F, and Exhibit E and represents the entire and integrated AGREEMENT between the parties; and supersedes all prior negotiations, representations, or agreements pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT. This AGREEMENT may be amended only by written instrument signed by each of the Parties. 19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the ENGINEER and the CITY over the interpretation or application of the terms of this AGREEMENT, the matter shall be referred to the City's Director of Public Works for resolution. If the Director of Public Works is unable to resolve the dispute, the matter may, in the Director's discretion, be referred to the City Manager for resolution. Regardless of these procedures, neither party shall be precluded from exercising any rights, privileges or opportunities permitted by law to resolve any dispute. 20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to this AGREEMENT, provided that nothing contained in this paragraph shall prevent ENGINEER from employing such independent consultants, associates, and subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the performance of the SERVICES hereunder. 21. APPROVAL. It is understood and agreed that all work performed under this AGREEMENT shall be subject to inspection and approval by the Public Works Department of the City of Owasso, and any plans or specifications not meeting the terms set forth in this AGREEMENT will be replaced or corrected at the sole expense of the ENGINEER. The ENGINEER will meet with the City staff initially and monthly thereafter and will be available for public meetings and/or City of Owasso presentations. 22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has designated Janet K. Meshek as Project Manager for the PROJECT. ENGINEER agrees that no change will be made in the assignment of this position without prior approval of CITY. IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective dates herein below reflected to be effective on the date executed by the Mayor of the City of Owasso. APPROVED: City Clerk APPROVED AS TO FORM: City Attorney Meshek & Associates, Inc. Janet K. Meshek, PE, CFM Date Mayor Date M ` :—MYS7 City of ` Owasso, Oklahoma SCOPE OF PROTECT, The PROJECT shall consist of the general engineering services, review and approval of Hydrology and Hydraulic reports as it related to the City of Owasso Master Drainage Plan. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT A A.-1 Agreement for Engineering Services for e City of Owasso, Oklahoma MiscellaneousDrainage Engineering Reviews and Analysis The services to be performed by the ENGINEER, Meshek & Associates, Inc., under this AGREEMENT will consist of miscellaneous engineering review of development projects as directed by the City, as well as analysis and conceptual design of drainage improvements as directed individually by the City by work order. Further, it is understood and agreed that the date of beginning, rate of progress, and the time of completion of the work to be done hereunder are essential provisions of this AGREEMENT; and it is further understood and agreed that the work embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews and conceptual designs will be prepared in accordance with the City of Owasso design criteria and specifications for construction. B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall include, but are not limited to the following tasks: B.1.a) Provide miscellaneous drainage engineering review of development projects as directed by the City. The work will include: B.1.a) 1. General review of engineering plans for compliance with City criteria and policies. B.1.a) 2. Inclusion of proposed developments or other ongoing projects in the applicable HEC-HMS and HEC-RAS model of the watersheds in the City of Owasso. B.1.b) Provide analysis and conceptual design of drainage improvements, as directed individually by the City. The work will generally include the following elements: B.1.b) 1. Preparation of detailed hydrologic and hydraulic models of the localized areas. B.1.b) 2. Preparation of conceptual plans to deal with the flooding problems. B.1.b) 3. Prepare conceptual level cost estimates for budget purposes. B.1.b) 4. Preparation of a letter report documenting findings. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT B B_1 Responsibilities Attachment +i RESPONSIBILITIES OF THE CITY. The CITY agrees: C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the ENGINEER: C.1.1 Records, reports, studies, plans, drawings, and other data available in the files of the CITY that may be useful in the work involved under this AGREEMENT. C.1.2 Standard construction drawings and standard specifications. C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. C.2 Access. To provide access to public and private property when required in performance of ENGINEER's services. C.3 Staff Assistance. Designate in writing a person to act as its representative in respect to the work to be performed under this AGREEMENT, and such person shall have complete authority to transmit instructions, receive information, interpret and define CITY'S policies and decisions with respect to materials, equipment, elements and systems pertinent to the services covered by this AGREEMENT. C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing CITY owned utilities and in expediting their relocation as described in Attachment B. Further, CITY will furnish assistance as required in obtaining locations of other utilities, including "potholing". C.3.2 Furnish legal assistance as required in the preparation of bidding, construction and other supporting documents. CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings, - proposals and other documents presented by ENGINEER and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT C C-1 Agreement 2 Engineering g2 Services for i, City •o„ Owasso, Oklahoma• Miscellaneous Drainage Engineering Reviews and i COMPENSATION. The CITY agrees to pay, as compensation for services set forth in Attachment B, the following fees, payable monthly as each Phase of the work progresses, and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly invoices based upon actual hours or work, invoiced according the Rate Schedule provided in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by such documentation as the CITY may require in substantiation of the amount billed. D.1 Total Compensation. D.1.1 For the work under this project, Attachment B, the total maximum billing including direct costs and subconsultant services shall be Sixty - Thousand Dollars and No Cents- 6$ 00� which amount shall not be exceeded without further written authorization by the CITY. D.2 Subconsultants and Other Professional Associates. Services of subcontractors and other professional consultants shall be compensated for at actual cost. D.3 Other Direct Costs. D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel by personal or firm automobile shall be compensated for at $.445 per mile. D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.3. D.3.3 Any other direct costs shall be compensated for at actual cost. DA _Additional Services. Unless otherwise provided for in any accepted and authorized proposal for additional services, such services shall be compensated for on the ,same basis as provided for in D.2 and D3. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D D-1 D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall be paid for services performed to the effective date of termination as follows: D.5.1 For hourly services as presented in D.2. D.6 Conditions of Payment. D.6.1 Progress payments shall be made in proportion to services rendered and expenses incurred as indicated within this AGREEMENT and shall be due and owing within thirty days of ENGINEER'S submittal of his progress payment invoices. D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the submittal of any progress payment invoice, ENGINEER may, after giving fifteen days written notice to CITY, suspend services under this AGREEMENT. D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are delayed or suspended for more than ninety days for reasons beyond ENGINEER'S control, ENGINEER may, after giving fifteen days written notice to CITY, request renegotiation of compensation. AGREEMENT FOR ENGINEERING SERVICES ATTACHMFNI D D_2 Agreementz City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis Hourly Rates For: Meshek & Associates, Inc. Amount ($/hour) per Exhibit E rates: E.1 Allowance for Office Work: Labor billing will be computed as the actual hourly salary rate times a multiplier of 2.541. The multiplier consists of: Salary 1.000 Overhead 1.420 Subtotal 2.420 5 %Profit 0.121 Total Multiplier 2.542 E.2 'Travel Expense: Total mileage traveled for field and office visits x $0.445/mile E.3 Reproduction costs: E.3.1 In-house reproduction Copies $ 0.20/ each Prints $ 2.00/each 11 x 17 Color Prints $ 3.50/each Black and White Plots $18.00/each Color Plots $28.00/ each E.3.2 Outside reproduction At Cost EA Miscellaneous expenses and fees: At Cost AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT EAMENDED (2) E_1 Agreement for Engineering Services for the City of Owasso, Oklahoma Miscellaneous Drainage Engineering Reviews and Analysis -.*Iersonnel Billing Rate Sheet Exhibit E The following hourly rates will be used Meshek & Associates, Inc. employees on work on this project. The rates are based on current salary levels and will be revised as necessary during this calendar year for employee salary adjustments and new employees. The rates are based on actual salary times a multiplier of 2.542. Janet Meshek Principal Engineer, PE $1 03.88 William (Tom) Meshek Principal Engi eer, PE,LS $103.88 Dale Reynolds Proiect Engineer, PE $79.44 Brandon Claborn Project Engineer, PE $79.44 Chris Duncan Project Engineer, PE $79.44 Jack Goble Project Engineer, El $61.11 Ben Fletcher Engineering Technician $61.11 Chris Hill GIS Specialist $67.22 Sterling Overturf GIS Specialist $67.22 Michael Couch GIS Technician Mike Allen --$42.77 CADD Technician $55.00 Eddy Barclay Construction Inspector $42.77 Darlene Daugherty_ Administrative Assistant $38,13 Jessica Bartley Clerical $25.42 EXHIBIT E-1 (3) E-1 Owasso,Agreement for Engineering Services for the City of Oklahoma Miscellaneous ;+ r k' Engineering Reviewsand Analysis Schedule . ,_ F. SCHEDULE. The schedule for general engineering services for the fiscal year 2006- 2007 project is provided as follows: F.I. Assuming a Notice to Proceed of August 21.2006, contract will expire on July 31, 2007. 17.2. Assuming a two -week turn around review period by the ENGINEER. AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT F - SCHEDULE F-1 TO: THE HONORABLE M• 1 1 CITY COUNCIL CITY OF . . , OiO FROM: CITY ENGINEET SUBJECT: ODOT PROJECT AGREEMENTS AND AUTHORIZING RESOLUTIONS - 86"' STREET NORTH & MINGO ROAD INTERSECTION DATE: August 11, 2006 BACKGROUND The project, originally approved under the Oklahoma Department of Transportation (ODOT) Local Government Program, calls for the widening and signalization of the intersection at E. 86m Street North and N. Mingo Road, complete with new sidewalk, curb and gutter and drainage improvements. Although originally programmed for construction under the 1998 Bond, the work was delayed for several years to allow for the completion of E. 76t" Street North and US Highway 169 Interchange, E. 86"' Street North and Main Street Intersection and E. 76"' Street North Widening. Engineering design, first initiated in 1999, resumed in July 2005 and was completed in June 2006. The project is scheduled to advertise for Bids in November 2006 for a construction start date in January 2007. Funding for this project has been transferred from the ODOT Small City Urban Program to the INCOG Transportation Improvement Program. In order to secure this funding two agreements with the Oklahoma Department of Transportation -- "Right -of -Way, Public Utility and Encroachment Agreement" and "Project Maintenance and Funding Agreement" — as well as associated authorizing resolutions must be approved by Council. RIGHT-OF-WAY, PUBLIC UTILITY AND ENCHROACHMENT AGREEMENT: This Agreement outlines all responsibilities of the City of Owasso and ODOT with regards to ROW before, during and after construction. Regarding the project ROW, the Agreement provides that the City will: ® grant right of access to ODOT and its contractors, ® remove all cneroachments, • prohibit parking, • comply with driveway standards, ® acquire and maintain all ROW ® be responsible for relocating all utilities, and • locate, construct and maintain for the duration of the Project any necessary detours Other provisions state that the City will regulate traffic and maintain the traffic control signals. Page 2 ODOT Project Agreements and Authorizing Resolutions 86"' Street North & Mingo Road Intersection Right-of—way acquisition for this project was completed by Autumn of 2002 during an earlier design phase for this Project. No additional acquisition is required based on the subsequent redesign. Utility relocation for the project is currently underway. Other provisions of this agreement are part of typical City of Owasso practice for Capital Improvements projects of this nature. PROJECT AGREEMENT (PROJECT MAINTENANCE AND FUNDING AGREEMENT): ODOT has prepared a Project Agreement identifying responsibilities of the City of Owasso and ODOT on this project. This Agreement provides for the conditions for disbursement of Federal - aid Surface Transportation Program funds under INCOG's Transportation Improvement Program. Key provisions of this Agreement include: City of Owasso ® official plan development and approval ® compliance with Title III of the Americans with Disabilities Act ® meeting all requirements of Environmental Protection Agency for storm water runoff on this project ® further provisions regarding parking, signage and traffic control devices including the disposition of traffic signals no longer needed during the anticipated design life of the project ® traffic regulation and control ® maintenance of drainage systems, curbs, driveways and right-of-way ® maintenance of the right-of-way free from encroachment ® construction, repair and maintenance of any detour required during the construction of this project Oklahoma Department of Transportation ® construction contract advertisement, bidding and administration • project supervision and administration Costs of construction are divided, whereby Federal -aid Surface Transportation Program Project Funds will provide 80% ($1,235,200.00) of the estimated project cost of $1,549,859.00. Resolution 2006-21 states that the City of Owasso will agree to the provisions of the Project Agreement and will agree to provide 20% ($314,659.00) of the estimated project cost in order to complete the holding of the project. An invoice for the City of Owasso share of $314,659.00 has becn submitted by ODOT. In order for the project to proceed as outlined, all funds committed to the project are to be in -place; therefore, the City of Owasso share is requested to be paid at this time. Page 3 ODOT Project Agreements and Authorizing Resolutions 86"' Street North & Mingo Road Intersection FUNDING: Funding for this project is provided in FY 2006-2007 Capital Improvements Fund, Line Item 40- 300-54210-011 argemms m I Wimm Staff recommends Council approval of Resolution No. 2006-20 and authorization for the Mayor to execute the Right -of -Way, Public Utility and Encroachment Agreement between the Oklahoma Department of Transportation and the City of Owasso for the East 86"' Street North and Mingo Road intersection improvements (Project Number STP-172B(108)IG). Item 2: Staff recommends Council approval of Resolution No. 2006-21 and authorization for the Mayor to execute the Project (Project Maintenance and Funding) Agreement between the Oklahoma Department of Transportation and the City of Owasso for the East 86th Street North and Mingo Road intersection improvements (Project Number STP-172B(108)IG). Item 3: Staff recommends Council approval for payment of an invoice from the Oklahoma Department of Transportation in the amount of $314,659.00 for the City of Owasso share of estimated costs in the East 86t" Street North and Mingo Road intersection improvements (Project Number STP- 172B(108)IG). ATTACHMENTS - A. Resolution No. 2006-20 B. Oklahoma Department of Transportation Right -Of -Way, Public Utility and Encroachment Agreement C. Resolution No. 2006-21 D. Oklahoma Department of Transportation Project (Project Maintenance and Funding) Agreement E. Oklahoma Department of Transportation — Division Invoice No. 17760(04) ATTACHMENT A 1• ' i i rWIL1180LIM,ct , .• • OF COUNCILOF OF OWASSO, OKLAHOMA,AUTHORIZING MAYOR TO EXECUTE THE RIGHT OF C. UTILITY t ENCROACHMENT BETWEEN THE CITY OF OWASSO AND THE OKLAHOMA DEPARTMENT OF TRANSPORTATION FOR 86 TH STREET NORTH 1 N. MINGO ROAD INTERSECTION IMPROVEMENTS. WHEREAS, it appearing reasonable and necessary for the CITY OF OWASSO, TULSA COUNTY, OKLAHOMA, to execute a Right -of -Way, Public Utility and Encroachment Agreement in connection with the construction of a public project known as STP-172B(108)UR, J/P 17760(04) Const.,(03) Util., (02)R/W, in accordance with the terins and tenor of 69 O.S. 1991, Sections 1205, 1206, 1401 and 1403. NOW, THERE,FORE, BE IT RESOLVED by the CITY OF OWASSO, TULSA COUNTY, OKLAHOMA sitting in regular session that such contract be entered and that a copy of same be hercto attached and made a part hereof by reference, all as provided by law. ADOPTED this 15"' day of August, 2006 Stephen Cataudella, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney RIGHT-OF-WAY, PUBLIC UTILITY i This Agreement, entered into between the City of Owasso, Tulsa County, Oklahoma, hereinafter called the City and the Department of Transportation of the State of Oklahoma, hereinafter called the Department, in connection with the location and improvement of a portion of the City Street System within the corporate limits of the City, now designated as E. 861" streej and Mingo Road under plans and specifications for STP-172B(108)UR ,Job No. J/P 17760(04) Const. (03) Util., (02) R/W, Witnesseth: WHEREAS, it is mutually agreed between the parties that certain improvements should be made to the highway now as follows: That the Department proposes construction of Intersection Modifications and Traffic Signals at the Intersection of E. 86'" street and Mingo Road. WHEREAS, legislative authorization and the rules, regulations, and policies of the Department provide the basis of cooperation between the parties to effect such highway improvements. NOW, THEREFORE, the parties hereto agree as follows: To the location of said highway, acknowledges receipt of and adopts the plans for said project as the official high lighting, sign lighting, grade and drainage plans of the City for the streets, boulevards, or arterial highway included therein. That prior to the advertising of the project for bids (as to that part of the project lying within the present corporate limits) it will: (a) Grant to the Department and its contractors, the right -of -entry to all streets, alleys, and other rights -of -way shown on said plans. (b) Remove at its own expense, or cause the removal of, all encroachments on existing streets as shown on said plans, including all signs, buildings, porches, fences, gasoline pumps and islands, and any other such private installations. (c) Prohibit parking on that portion of the project within the corporate limits of the City. (d) Comply with the Department's standards for construction of driveway entrances from private property to the highway, in accordance with the Department's manual entitled "Policy on Driveway Regulation for Oklahoma Highways", Rev. 5/96, 69 Q.S. (1991) § 1210. (e) Maintain all right of way acquired for the construction of this project, as shown on said plans, in a manner consistent with applicable codes, ordinances and regulations. 3. That it will: (a) Determine and locate, with the Department's approval, a detour route over existing city streets, if a rerouting of traffic or a detour is necessary during the period of construction. (b) Be responsible during or subsequent to construction, for any maintenance necessary to the approved detour route over existing city streets, or any other street as a result of additional traffic. (c) Be responsible for repairs or maintenance to any city street, during or subsequent to construction, which results from additional traffic where construction is performed under traffic. That subsequent to the construction of said project, it will: (a) Keep all permanent right-of-way shown on said plans free from any encroachment and take immediate action to effect the removal of any encroachments upon notification by the Department. Project No.: STP-17213(108)UR Job No.: 17760(04) Pace: 2 (b) Erect, maintain, and operate traffic control signals, including speed limit and traffic control signs, only in accordance with 47 OS 1991, Section 15-104, 15-105 and 15-106, and subject to the approval, direction and control of the Department. (c) Regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping, and turns, in accordance with 47 OS 1991, 15-104, et'seq. and to make no changes in the provisions thereof without the approval of the Department. (d) Maintain all that part of said project within the corporate limits of the City. That all covenants of this Agreement shall apply to any area hereinafter annexed to the City which lies within the limits of this project. 6. That it will, by resolution, duly authorize the execution of this Agreement by the proper officials, and attach copies of such resolution to this Agreement. 7. To acquire all right-of-way, if any, be responsible for the total costs for removing and relocating outdoor advertising signs and forthe relocation assistance payments to persons displaced by reason of the acquisition of right-of-way and be responsible for the removal or relocation of all utility lines on public or private rights -of -way to accommodate the construction of this project. (a) Transmit copies of the instruments to the Department prior to the advertisement of bids for construction. (b) Comply with the provisions of 42 U.S.C.A. § 4601-4655 and 23 U.S.C.A. § 323 (as amended) in the acquisition of all necessary right-of-way. (c) That as a condition to receiving any Federal Financial Assistance from the Department of Transportation, it will comply with Title VI of the Civil flights Act of 1964, 78 Stat, 252.42 U.S.C. 2000d-35 seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, "Nondiscrimination of federally -assisted Program of the Department of Transportation -Effectuation of Title VI of the Civil Rights Act of 1964". IN CONSIDERATION of the grants and covenants by the City herein contained and the faithful performance thereof by the City, the Department agrees to construct said project in accordance with said plans and specifications; provided that the right to make such changes in the plans and specifications as are necessary for the proper construction of said project is reserved to the Department. IN WITNESS WHEREOF, we have hereunto set our hands and seats, the City on the __. day of — , 20_, and the State on the — day of , 20 —. ATTEST: CITY CLERK IAEVIEb`VED AND APPROVED AS TO LORIJ AND LEGALITY HIEF, LEGAL DIVISION (ODOT) CITY OF OWASSO MAYOR STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION M" 4 WON 11 M: 1�: ; TRANSPORTATION FOR THE E. 86 T STREET NORTH AND N. .) ROAD INTERSECTION IMPROVEMENTS. WHEREAS, it is in the best interest of the City of OWASSO, Oklahoma, to execute the Project Agreement for Federal -aid Project Number STP-172B(lOS)IG by and between the City of OWASSO and the Oklahoma Department of Transportation. NOW, THEREFORE, it is hereby resolved that the Mayor is authorized and directed to execute the above described agreement on behalf of the City of OWASSO. ADOPTED this 15"' day of August, 2006. Stephen Cataudella, Mayor Sherry Bishop, City Clerk Approved as to form: .Iulic Lombardi, City Attorney Porn) (M-A(i- 100 ATTACHMENT D l`1`,ItVR,,XL-M1) 1➢RtL>tEC I hI's Agreement, made the day and year last written below, by and between the City of OWASSO, Oklahoma, lhercinaftcr referred to as the LOCAL AGENCY, and the Department of Transportation of the State of Oklahoma, hereinafter referred to as the DEPARTMENT, for the following intents and purposes and subject to the following terms and conditions, to -wit: WITNESSETH: That the LOCAL AGENCY requests that certain street improvements be approved for processing by the Oklahoma Transportation Commission as previously programmed by the LOCAL AGENCY and designated as Federal -aid Project Number STP-172B(108)IG consisting of the actual improvements as follows: Intersection Modification & Traffic Signals 86`n Street North at Mingo Road WHEREAS, all construction is to be in confonnance with the plans prepared by the LOCAL AGENCY, which are by reference made part of this Agreement. Said plans are to be as a minimum in accordance with the Oklahoma Standard Specifications for Highway Construction. WHEREAS, the parties hereto have entered into a Right -of -Way, Public Utility and Encroachment Agreement," which provided inter alia that the LOCAL AGENCY would be responsible for furnishing all right-of-way for said project, free and clear of all obstructions, encroachments, and that the LOCAL AGENCY shall at its sole expense maintain the project after construction; and WHEREAS, nothing herein contained shall be construed in any way to modify, alter, rescind, or abridge any portion of the aforementioned "Right -of -Way, Public Utility and Encroachment Agreement; and NOW THEREFORE, the parties hereto mutually agree as follows: (1) The LOCAL AGENCY agrees to the location of the subject project and acknowledge receipt of and adopts the plans for said project as the official plans of the LOCAL AGENCY for the streets, boulevards, arterial highways and/or other improvements contained therein; and further the LOCAL AGENCY affirmatively states that it has fully and completely examined these plans and does hereby warrant to the DEPARTMENT the LOCAL AGI?NCY's complete satisfaction with these plans, and the fitness of the plans to construct the af�oresaid project. 2 (2) The I,0('A1, AGENCY certifies that the project design plans comply , an(] the project \v lien cmllplc(c(I yviI I comply, with tltc Ipphcahlc provisions of the I)ep(rrtment of Justice implcntcntation pI<<n of 'I itic III of the Americans with Disabilities Act, (42 (J.S.C. 12 101-12213) as otitlincd in 28 CFR fart35. (3) 'I'hc LOCAL AGENCY agrees to become jointly responsible with the contractor as co - applicants for meeting all Environmental Protection Agency (EPA) requirements for storm water runoff on this project. It is agreed that the project plans and specifications, required schedules for accomplishing the temporary and permanent erosion control work and the storm water pollution prevention plan sheet contained in the plans constitute the storm water management plan for the project described previously in this document. (4) The LOCAL AGENCY agrees to prohibit parking on that portion of the project within the corporate limits of the LOCAL AGENCY, except as may be indicated in the plans or hereafter approved by Agreement with the DEPARTMENT. The LOCAL AGENCY further agrees not to install or permit to be installed any signs, signals, or markings not in conformance with the standards approved by the Federal Highway Administration and the Manual on Uniform Traffic Control Devices (MUTCD). (5) The LOCAL AGENCY further agrees and warrants to the DEPARTMENT that subsequent to the construction of said project, the LOCAL AGENCY will: (a) Erect, maintain and operate traffic control devices, including signals, signs and pavement markings only in accordance with 47 O.S. 1991 Section 15-104, 15-105 and 15-106, and subject to the Agreement of the DEPARTMENT; (1) In the event that any traffic signal installed hereunder is no longer needed for the purposes designated herein, then the traffic signal installed hereunder shall not be removed by the LOCAL AGENCY to any point other than that which is approved by the DEPARTMENT prior to such removal. (2) In the event there is no mutually agreed location for the reinstallation, the LOCAL AGENCY will assume complete ownership of the equipment following removal, if the installation is ten (10) years old or older. If the installation is less than ten (10) years old, and: (a) In the event the LOCAL, AGENCY desires total ownership of the equipment, the LOCAL AGENCY shall reimburse the DEPARTMENT for the original Federal funding percentage share for the original equipment cost only, amortized for a ten (10) year service life, interest ignored, and assuming straight line depreciation. (b) In the event the LOCAL AGENCY does not desire total ownership of the cquipmcnt, the LOCAL AGENCY shall sell the equipment at puhlic auction to the highest bidder. The LOCAL AGENCY 3 shall reimburse the DEPARTMENT the original Federal funding l->crccntage share oi'the proceeds of such sale. (h) Subject to Agreement with the DEPARTMENT, regulate and control traffic on said project, including but not limited to, the speed of vehicles, parking, stopping and turns and to make no changes in the provisions thereof without the approval of the DEPARTMENT. It shall be the responsibility of the LOCAL AGENCY to notify the DEPARTMENT of any changes necessary to insure safety to the traveling public. (c) Maintain all drainage systems and facilities constructed, installed, modified or repaired in conjunction with this project or as may be otherwise necessary to insure proper drainage for road surfaces constructed under the terms of this Agreement. (d) Maintain all curbs and driveways abutting road surfaces constructed under the terms of this Agreement and all sidewalks adjacent thereto. (e) Maintain all right-of-way areas adjacent to road surfaces, including erosion control and periodic mowing of vegetation in a manner consistent with applicable codes, ordinances and regulations. (f) Make ample provision annually for proper maintenance of items heretofore delineated as the responsibility of the LOCAL AGENCY, including the provision of competent personnel and adequate equipment, and specifically, to provide all required special maintenance of the project during the critical period immediately following construction. (g) Deep all permanent right-of-way shown on said plans free from any encroachment and take immediate action to effect the removal of any encroachments upon notification by the DEPARTMENT. (6) The LOCAL AGENCY further agrees and warrants to the DEPARTMENT concerning sign and highway facility lighting: (a) The LOCAL AGENCY will upon notice from the DEPARTMENT Engineer provide at its own expense all required electrical energy necessary for all preliminary and operational tests of the highway lighting facilities. (b) Upon completion of the construction of said project, and by the DEPARTMENT, the LOCAL AGENCY will be responsible for the maintenance and cost of Operation of these highway lighting facilities, including all appurtenances thereto and including the sioll lighting facilities. (c) It is specifically understood and agreed that the highway lighting and sign lighting facilities specified herein shall be continuously operated during the hours of darkness between sunset and sunrise and shall not he altered, removed or be allowed to cease operation without the mutual written consent of the I)l,:l'/\WfMI?NT and the L,OC'AL AGENCY . 4 (d) The LOCAL AGENCY agrees to provide on a periodic schedule an inspection, cleaning and relamping maintcnance program to assure the imimmum cificicncv ol'the highway lighting faC111tICS- (c) In the event that highway lighting facilities installed hereunder are no longer needed for the purposes designated herein, then the highway lighting facilities installed hereunder shall not be removed by the LOCAL AGENCY to any point other than which is approved by the DEPARTMENT prior to such removal. (f) In the event there is no mutually agreed location for reinstatlation, the LOCAL AGENCY will assume complete ownership of the equipment following removal, if the installation is twenty (20) years old or older. If the installation is less than twenty (20) years old, and: (1) In the event the LOCAL AGENCY desires total ownership of the equipment, the LOCAL AGENCY shall reimburse the DEPARTMENT for 75% of the original equipment costs only, amortized for a twenty (20) year service life, interest ignored, and assuming straight line depreciation. (2) In the event the LOCAL AGENCY does not desire total ownership of the equipment, the LOCAL AGENCY shall sell the equipment at public auction to the highest bidder. The LOCAL AGENCY shall reimburse the DEPARTMENT 75% of the proceeds of such sale. (7) The LOCAL AGENCY agrees, affirms and warrants to the DEPARTMENT that the LOCAL AGENCY will be responsible, during the period of construction, for any repairs or maintenance to the approved detour route or any other street which may be required as a result of additional traffic. (8) The LOCAL AGENCY agrees to comply with Title VI of the Civil Rights Act of 1964, 78 O.S. § 252.42, U.S.C. §2000d-et seq., and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, of Secretary of Transportation, Part 21 - "Nondiscrimination in federally assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act 1964." (9) The LOCAL AGENCY agrees that it will, by resolution, duly authorize the execution of this Agreement by the proper officials, and attach copies of such resolution to this Agreement. (10) The DEPARTMENT and the LOCAL AGENCY mutually recognize that each party is a governmental entity subject to the provisions of the Governmental Tort Claims Act (51 O.S. 1991 § 151 et seq.). The DEPARTMENT and the LOCAL AGENCY hereby mutually agree that each is and may be held severally liable for any and all claims, demands, and suits in law or equity, of any nature whatsoever, paying for damages or otherwise, arising ti-om any negligent act or omission of any of their respective employees, agents or contractors which may occur during the prosecution or performance ol'this Agrecinent to the extent providcd in the Governmental Tort Claims Act. Each 5 party agrees to severally bear all costs of investigation and defense of claims arising under the Governmental Too C'I<rims Act and any tud��cments which may be renderrd in s�rch cause to the limits provided by lav%. Nothing in this section shall be interpreted or constl-ucd to waive any legal deicnsc which may be available to a party or any exemption, limitation or exception which may be provided by the Governmental "Dort Claims Act. (1 1) Based on a total estimated construction cost of $1,549,859.00, the LOCAL AGENCY agrees that local funds shall be used to provide 100% of any nonparticipating costs (estimated at $5,859.00) and 20 percent of the participating project costs (estimated at $308,800.00). The LOCAL AGENCY's total obligation is presently estimated at $314,659.00 (Three -Hundred -Fourteen -Thousand -Six -Hundred -Fifty -Nine -Dollars). Any amount due shall be deposited with the DEPARTMENT prior to advertisement for bids. (12) The DEPARTMENT agrees that Federal -aid Surface Transportation Program funds shall be requested to provide 80 percent of the participating project costs. The amount of federal funds are presently estimated at $1 235 200.00 (One -Million -Two -Hundred - Thirty -Five -Thousand -Two -Hundred- Dollars). (13) It is understood by the LOCAL AGENCY that no State funds are utilized in any phase or aspect of this project. Only LOCAL AGENCY and Federal funds are to be utilized. (14) Upon approval of this Agreement and the plans, specifications, and estimates by the DEPARTMENT and Federal Highway Administration, if applicable, the DEPARTMENT shall agree to advertise and let the contract for this project in the usual and customary legal manner. It is agreed that the project herein described is proposed to be financed as previously set forth, and that this Agreement, all plans, specifications, estimates of costs, acceptance of work, payments and procedures in general hereunder are subject in all things at all times to all Federal laws, regulations, orders and approvals as may be applicable hereto. (15) It is understood by the LOCAL AGENCY and the DEPARTMENT that the funding participation stipulated herein may be altered due to construction supervision costs and/or nonparticipating items incurred during construction. Upon final acceptance of this project, the amount of Federal funds received and the amount previously deposited by the LOCAL AGENCY will be deducted from the total cost and a refund will be made by the DEPARTMENT to the LOCAL AGENCY or additional funding will be requested from. the LOCAL, AGENCY. (16) The DEPARTMENT agrees to construct said project in strict accordance with the plans furnished and approved by the LOCAL AGENCY: provided that upon consultation with and Agreement by the LOCAL. AGENCY, the DEPARTMENT shall have the right to make such changes in the plans and specifications as are necessary for the proper construction of"the project. The DEPARTMENT shall provide competent supervision at all times that the work is in progress. The LOCAL AGENCY shall have inspectors on the project site as the LOCAL AGENCY determines necessary to insure construction of Le the project to the satisfaction of the LOCAL AGENCY and shall have representatives �IV<111<11)le for consultation with the 01'PAK1-1\/1l,:Nl_ represent�awe", to cooj)cr�lte (,filly to thcc' d ofohtaining worl< Strictly in accordance with tic LOCAL A([FACY's apI)rovccl plans and specifications. (17) The LOCAL AGC;NCY agrees that the LOCAL AGENCY will intervene as a party defendant in all actions where a contractor may allege delay due to failure of the LOCAL AGENCY to accomplish timely utility relocations, site conditions which are not as represented on the plans, or plan errors which impact on project constructability, whether in the District Court or in an alternative dispute resolution forum; and will defend all such actions and will pay all damages relating to delay as may be assessed by such court or alternative dispute resolution forum against the LOCAL AGENCY for its adjudged failure. (18) Failure by the LOCAL AGENCY to fulfill its responsibilities under this Agreement will disqualify the LOCAL AGENCY from future participation in any Federal -aid project. Federal funds are to be withheld until such time as the deficiencies in regulations have been corrected or the improvements to be constructed under this Agreement are brought to a satisfactory condition of maintenance. (19) It is further specifically agreed and understood between the LOCAL AGENCY and the DEPARTMENT that the project will be built in accordance with the plans and specifications, and upon final acceptance by the LOCAL AGENCY and the DEPARTMENT of this project, the LOCAL AGENCY does hereby accept full, complete and total responsibility for the maintenance of this project as provided in this Agreement.. The LOCAL AGENCY does not waive any rights against any contractor(s) with respect to defects, hidden or otherwise, in materials or workmanship. The LOCAL AGENCY does not, pursuant to this provision or any other provision in this Agreement, waive its sovereign immunity or any exemption from, exception to or limitation of liability as provided in the Governmental Tort Claims Act. (20) The Secretary of the DEPARTMENT may terminate the contract in whole, or from time to time in part, whenever: (a) The requisite federal funding becomes unavailable through failure of appropriation or otherwise. (b) The contractor is prevented from proceeding with the work as a direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of national defense, or an Executive Order of the President or Governor of the State with respect to the preservation of energy resources. (c) The contractor is prevented from proceeding with the work by reason of a preliminary, special, or permanent restraining order of a court of' competent jurisdiction where the issuance of -such order is primarily 7 caused by the acts or omissions (d,persons or agencies other- than the conir�rctor. (d) i he Secraury detcnnink::, III k rn1,;)<;tiun i:; m the Kest interest of the S1a(c. IN WI'I,N(�SS WI IEREOF, the Director ofthc Department of Transportation, pursuant to authority vested in him by the State Transportation Commission, has hereunto subscribed his name as Director of the Department of Transportation and the LOCAL AGENCY has executed same pursuant to authority prescribed by law for the Department. The LOCAL AGENCY on this DEPARTMENT on the day of APPROVED AS TO FORM AND LEGALITY City Attorney .... ! ell LAIJI day of , , and the LOCAL AGENCY (CITY OF OWASSO) Mayor ATTEST: City Cleric STATE OF OKLAHOMA DEPARTMENT OF TRANSPORTATION General Counsel Assistant Chief Engineer/Director - Preconstruction 8 ,Wa c chcck P/kY kB1,1,, and JwkIT 1�0 To: City of Owasso P O Box 180 Owasso OK 74055 //'°;°' '" /Ch" ATTACHMENT E Oklahoma Dchartmcnt ofTransl)ortation Comptrollcr Division 200 N. 11-1. 2 1 " Street Oklahoma City, OK 73105-3204 Division Invoice No. 17760(04) Division Name: Local Government Date: Auvust 1. 2006 Description — Explanation of Charge Quantity Price Each Total Due Date: September 19`I', 2006 STP-172B(108)IG Intersection Modification & Traffic Signals 86"' Street North at Mingo Road Total Estimated Project Cost $1,549,859.00 (Less Federal Funds) ($1,235,200m00) City oI ®wasso F rands Now I?>�ac h1voice 'Cotaal Accounting Use Only Dishihulion of'Uoii": I'urchnscr Rcmil with I',iyin(1nl I)IV IS In II I'WiLTI I ilc I)n r,iuu iA, Im,nrr I do (',unl,li nllri City ofOwasso -85m/K8ingo i a Z "I'll ad .4 1 1 IMS 1� Item Contract amt Est. Contract Admin Total Federal Local Federal Share 80.00% C KLAHONIA DEPARTMENT OF Tf--:�,,T,"tNSPOR"EFAT�F.Or-.',' O'kJahon"m, August l,2006 Ana C. Stagg Public Works Director City of Owasso P.O. Box 180 Owasso, OK 74055 Re: Project Number: STP-172B(108)IG State Job Number. 17760(04) City: Owasso Description: Intersection Modifications & Traffc Signals Location: 86th Street North & Mingo Road We are transmitting (3) copies of the project maintenance and funding agreement for the noted location. Please review and arrange for the execution of this agreement by the appropriate City officials. When completed, please return all agreements to this office. We will obtain the required ODOT signatures and provide you with a fully executed original for your files. Attached is an invoice for the City's estimated local share. Upon receipt of the executed agreement, the City matching funds in the amount of 1211,659.00 will be due 30 days prior to the scheduled let date. We will adjust the project costs based on the actual approved bid. If you need additional information, please contact this office at (405) 521-2737. Sincerely, Mark Scott Project Manager Local Government Division cc: Ray Jordan - Tulsa County Tim Armer - INCOG Transmittals /b,. p1l"i"ll , 11 ;/1,, IM, W o/ Iwi'm A ",/ /;I w iel, !I t,, , A" , , d, 1 ,/, i , , f / I , I I i I r , _ f I , I , I I `, I V) I I I 1 11 , rH � III,, I, - I . e /I , , 1), op Ir% (-I, ;I I /If, 'I 'tI , (ft Id , ';, In m /1, 11 ei, � , o/ ( A hI ho I I Iv. , AN 17.0,(JAL OPPOR RJNI I'Y EMPLOYI-M T O HONORABLE MA!' ' AND COUNCIL CITY OF OWASSO FROM: BRADD K. CLARK ., CHIEF BACKGROUND: The Fiscal Year 2006/2007 operating budget provides funding for the purchase of a compressed breathing air system. This compressed breathing air system provides the breathing air in the self-contained breathing apparatus for the fire department. Unfortunately, the existing compressor has been rendered irreparable, and has not been in service since the spring of this year. The fire department developed specifications and a bid packet based upon current requirements. Bid packets were distributed to three vendors of Scott brand systems on July 10, 2006. One bid was received on the designated bid opening date of July 31, 2006. The bid received was from Wayest Safety of Tulsa, Oklahoma for the amount of $46,323.50. A review of the submittal found that all of the specifications within the bid packet were met, most notably the requirement that the vendor must be qualified by the equipment manufacturer (Scott brand) to perform service work in order to avoid compromising the operation of the system or its warranty. FUNDING - The FY 2006-07 budget includes funds in the amount of $47,000 for this project. C M ENDATION- Staff recommends Council award a bid to purchase a compressed breathing air system from Waycst Safety of Tulsa, Oklahoma in the amount of $46,323.50; and, authorization for payment. ATTACHMENTS1 1. Bid Proposal Submittal Page BID PROPOSAL - SUBMITTAL PAGE BREATHING AIR SYSTEM TOTAL BID: $_ 4 6, 3 2 3 .5 0 I hereby acknowledge that I have read the requirements and specifications and that I ant legally bound by the statements in those specifications and on this Bid Proposal - Submittal Page. Name of Vendor/Bidder: Safetv, Inc. Printed Name of Person Authorized to Sign: Clay Carter Signature: �t Title:------- Account Manager. Vendor/Bidder's Address:__ 5514 South 94th East Avenue Tulsa, OK 74145 Vendor/Bidder's Phone Number 9 1 8- 6 6 5- 2 3 3 0 BIB OPENING: JULY 31, 2006 a 2:00 P.M. COMPLETE AND ATTAC" TIIE NON -COLLUSION BID AF'F'IDAVIT TO BID. TO: THE H, , ,, a/ MAYOR AND CITY COUNCIL CITY OF OWA FROM: TIM ROONEY ASSISTANT CITY MANAGER DATE® August 10, 2006 The Owasso Public Works Authority (OPWA) received Notice from the City of Tulsa that, effective October 1, 2006, water rates will increase from $1.98 to $2.18 per 1000 gallons. Because the City of Owasso currently purchases treated water from the City of Tulsa, FY 2006- 2007 operating budget included a rate increase to offset the rate increase from Tulsa. The current and proposed fee structure for water and refuse services are presented below. The last water rate increase of $0.15 per 1000 gallons occurred in 2002 to compensate for an increase in Tulsa water rates of $0.12 per 1000 gallons and to facilitate the financing of scheduled capital improvement projects. SERVICE REGULAR RATE RURAL RATE* Current Proposed Current Proposed WATER Minimum 1,000 gallons $7.65 $7.90 $9.18 $9.48 Each additional 1,000 gallons $3.35 $3.70 $4.02 $4.44 * Note: Water rates for rural customers have been established by OPWA Resolution to be 20% greater than in -city rates. The proposed rate increase to rural customers would be $.30 per first 1000 gallons and $.42 per 1000 gallons thereafter. An information sheet containing both the existing and proposed water rate structure and how it would affect single family residential customers is attached for your review. In addition, a comparison analysis of suburban cities is also attached for review. The proposed Resolution No. 2006-05, if approved by the OPWA, will establish rates for water service to become effective with the first utility billing cycle in October 2006. The proposed Ordinance No. 871 establishes uniform rates for the volume of water delivered during each calendar month at each connection to the water system serving one household or business located within the corporate limits and outside the corporate limits of the City of Owasso. Water and Refuse Rate Adjustment and Study Page 2 of 2 RATE STUDIES: The Owasso Public Works Authority adjusts rates and service fees to compensate for increases in maintenance, operating and capital improvement costs. The last rate increase for water service was directly related to the increase in the purchased water rate and anticipated debt service related to proposed improvements. No further analysis for cost of service was performed at that time. To support the long-term financial sustainability of the Utility, it is recommended that comprehensive water, sewer and refuse rate studies be completed to establish a long-term rate structure for the Utility. The objective of the studies would be to compile planning information — provided by the recently completed Master Plan documents — and maintenance and/or replacement requirements of existing infrastructure to assure the long-term financial stability of the Utility at the lowest possible cost to customers. Such studies would be the first of its kind performed by the City of Owasso and expected to be completed by December 2006. To better plan for the future needs of our community, a request to approve a proposed Engineering Services Agreement between the Owasso Public Works Authority and Greeley and Hansen, LLC has been placed on the August 15, 2006 OPWA agenda. This agreement would provide for a methodological water and sewer rate study to be completed. It is further recommended that such work be immediately followed by an in-house rate analysis for refuse collection, which can be completed by City personnel utilizing trailing and knowledge obtained from the completion of the water and sewer rate study. Following the completion of such study, it is anticipated that rates will once again need to be adjusted to better align the growing needs of our community with the financial requirements of the Utility. Such adjustment, if necessary, will be proposed for implementation no earlier than October 1, 2007. RECOMMENDATION Staff recommends City Council approval of Ordinance No. 871 increasing rates for water service. ATTACHMENTS: A. Residential water rate change comparison B. Suburban water rate comparison. C. Ordinance No. 871 OPWA Total Utility Bills Single Family Residential Customers Rates for 8/10/06 Usage: 2,000 gals. sewer 5,000 gals. sewer 8,000 gals. sewer 10,000 gals. sewer 10,000 gals. sewer 3,000 gals. water 7,000 gals. water 12,000 gals. water 20,000 gals. water 35,000 gals. water Low Usage: Avg Usage: Moderate -High Usage: Summer Usage: High Summer Usage: Water gallons 3000 7000 12000 20000 35000 Sewer gallons 2000 5000 8000 10000 10000 Current Rate Billing: Water 14.35 27.75 44.50 71.30 121.55 Sewer 7.85 14.63 21.41 25.93 25.93 Refuse 10,00 10.00 10.00 10.00 10.00 Ambulance 4.00 4.00 4.00 4.00 4.00 Stormwater 2.50 2.50 2.50 2.50 2.50 Total 38.70 58.88 82.41 113.73 163.98 Proposed Rate Billing Water 15.30 30.10 48.60 78.20 133.70 Sewer 7.85 14.63 21.41 25.93 25.93 Refuse 11.00 11.00 11.00 11.00 11.00 Ambulance 4.00 4.00 4.00 4.00 4.00 Stormwater 2.50 2.50 2.50 2.50 2.50 Total 40.65 62.23 87.51 121.63 177.13 e $200 $180 $160 $140 $120 - -_ $113.73 $121.63 $82.41- $80 - - - $58.88 $62.23 $60 --- ---- - - $38.70 $40.65 $40__-.--- $20 - - --- -_ Low Usage: Avg Usage: Moderate -Nigh Usage: Summer Usage: i 3,000 gals. water 7,000 gals. water I 12,000 gals. water 20,000 gals. water 2,000 gals. sewer 5,000 gals. sewer 8,000 gals. sewer I 10,000 gals. sewer Total monthly bill for city single-family residential customers O Current Rate 0 Proposed Rate $177.13 Water Rate Comparison Rates Effective October 2006 3,000 gals 7,000 gals 12,000 gals 20,000 gals 35,000 gals Low Usage: Ave Usage: Moderate -High Usage: Summer Usage: High Summer Usage: Bixby 16.16 30.88 49.28 78.72 133.92 Glenpool 26.59 42.81 63.64 95.11 151.81 Jenks 17.76 32.48 51.03 82.23 146.23 Sapulpa 18.63 36.03 57.78 92.58 157.83 Owasso 15.30 30.10 48.60 78.20 133.70 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY Oi ,', ♦ `-., `., ;/; OKLAHOMA THAT: SECTION ONE: The water rates hereinafter set forth as established by the Owasso Public Works Authority, An Oklahoma Public Trust having the City of Owasso, Oklahoma as its beneficiary, are herby adopted, approved and directed to be implemented in accordance with Resolution No. 2006-06 of the Owasso Public Works Authority dated August 15, 2006, SECTION TWO: The provisions of the City of Owasso Code of Ordinances, referenced as Part 17, Utilities, Chapter 1 Water, Sewer and Sanitation Systems, Section 17-109 Water Rates shall be amended as follows: A. There hereby are established the following uniform rates for the volume of water delivered during each calendar month at each connection to the water system serving one household or business located within the corporate limits of the City, as shown by the water meter at such connection; provided that, regardless of amount of water metered, the monthly charge for water for each connection shall not be less than the "minimum charge" set forth: WATER RATES (MONTHLY) 1. First 1000 gallons $7.90 (minimum charge); and, 2. Each additional 1000 gallons $3.70 B. There arc hereby established the following uniform rates for the volume of water delivered during each calendar month at each connection to the water system serving one household or business, located outside the corporate limits of the City, as shown by the water meter as such connection; provided that, regardless of the amount of water metcrcd, the monthly charge for each such connection shall not be less than "minimum c charge" set forth: WATER RATES MONTHLY 1. First 1000 gallons $9.48 (minimum charge); and, 2. Each additional 1000 gallons $4.44 SECTION THREE (3): CODIFICATION The City of Owasso Code of Ordinances is hereby amended by Part 17 Utilities, Chapter 1, Water, Sewer, and Sanitation Systems, Section 17-109 Water Rates. SECTION FOUR (4)a REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION FIVE (5)a SEVERABILITY If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION SIX (6)a DECLARING NG 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. APPROVED this I5t" day of August, 2006, 0 ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Stephen Cataudella, Mayor TO: HONORABLE MA• COUNCII CITY OF OWASSO FROM: SHERRY BISHOP FINANCE DIRECTOTL DATE: August 11, 2006 Audit committees play an important role in the stewardship of public sector entities. The role of the audit committee is one of independent review and oversight of financial and compliance reporting, internal controls and auditor's activities. While management has the responsibility to ensure the accuracy of financial statements and compliance with laws, regulations and agreements, it is the audit committee's function to carry out due diligence by evaluating internal as well as external information. Staff believes that mandating an audit committee for the City of Owasso would enhance the financial reporting process. In order to develop the framework for a formal audit committee, an interim audit committee was formed in April, 2006. The interim audit committee's responsibilities were to participate in the selection process for an external auditor with a recommendation to Council and to develop criteria for a formal audit committee. The interim audit committee reviewed the three best proposals and made a recommendation that Cole & Reed be the City of Owasso's external auditor. Council approved this recommendation on May 2, 2006. The staff and the interim audit committee continued to meet to review and discuss several other municipal ordinances that were instrumental in developing the proposed ordinance to create a formal audit committee. A formal audit committee should be appointed and active by November in order to meet with the external auditors to review the FY 2006 financial reports. Proposed Ordinance No. 872 provides the scope of the committee's responsibilities plus its structure and membership requirements. The responsibilities of the audit committee include: ® Participate in the external auditor selection process and make a recommendation to the Council. ® Review audit results and follow up on proposed corrective action of management. ® Report to Council the audit committees activities and recommendations. Under this ordinance, the audit committee will consist of five (5) voting members and two (2) non -voting ex-offrcio members. The five voting members include one city councilor and four citizens appointed by the council. Qualifications for appointment require that the citizens be knowledgeable and have relevant experience. This ordinance requires that at least three appointees come from the banking, business and accounting professions. The members will serve a three-year term and must live in or be employed within the Owasso fence line. The council representative to the audit committee will be a Councilor serving in the second year of the three-year council term. This assures that an experienced councilor serves on the audit committee. The two non -voting members will be the city manager and the finance director. At the Council work session, the question arose as to the possibility of no councilor meeting this qualification due to vacancies and appointments to the City Council. Wording has been added to the ordinance that allows the appointment of another councilor should no one meet this qualification. This wording has been inserted in Section 7-703 Qualifications and old wording removed from Section 7-704 Terms of Appointment. .gain, I would like to express my thanks to the interim audit committee members for their time and assistance. The staff looks forward to the opportunity to work with the newly created audit committee. ECOMMENDATION. Staff recommends approval of Ordinance No. 872 establishing an audit committee and adopting procedures for the committee. ATTACHMENT: Ordinance No. 872. DIT COMMITTEE AND ADOPTINGPROCEDURES FOR THE COMMITTEE TO FOLLOW. THIS ORDINANCE AMENDS PART 7, CHAPTER 7, OF THE CITY OF OWASSO CODE OF ORDINANCES BY ADDING c NEW SECTION TO BE CODIFIEDCHAPTER - SECTIONS 7- 701 THROUGHr. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT. SECTION ONE (1): Part Seven, Finance and Taxation, Chapter 7, Audit Committee and Procedures, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be enacted by providing and codifying as follows: An audit committee is established in and for the City of Owasso, The purpose of the audit committee is to help oversee the audit of financial statements, ensure the auditor is independent of management and address control and compliance wealrlesscs. f`1.5[AKI[fir A. The audit committee shall consist of five (5) voting members and two (2) non -voting ex-officio members. All members shall be appointed by the council and shall serve without compensation. B. The five (5) voting members shall include one city councilor and not less than one person from each of the following groups, provided, however, that one group, which may vary from time to time may be represented by not more than two (2) members: (1) Bankers, or other financial institutions; (2) Busiriessperson; and (3) Non -practicing certified public accountants. C. The two (2) ex-officio, non -voting members shall be the city manager and the director of finance. The city councilor appointed to the audit committee shall be a city councilor who is serving the second year of the three-year teen of office. If no councilor is serving the second year of the three- year term of office, the council may appoint a councilor in the third year of the term of office. If no councilor meets these qualifications, then the council may appoint another experienced councilor. However, no city councilor may succeed himself/herself on the audit committee. All other appointed members of the audit committee shall be a residents within the city fence line or own a business or be employed in the city at the time of appointment and throughout incumbency. All members of the audit committee shall be persons with knowledge of accounting, auditing and financial reporting and relevant experience such as a corporate officer, auditor, attorney or professional consultant to business, government or organizations. 19, r All members of the audit committee shall be appointed for a term of three (3) years except for the city councilor who will. be appointed for a one year term or until their successors shall be qualified and appointed. The appointment of members shall be for staggered terms: The five (5) voting positions on the audit committee shall be divided into seats numbered one through five. Seat No. I shall be held by a city councilor. The term of office for Seat No. 1 shall expire on July 1, 2007, and every July 1 ", thereafter. No city councilor may succeed himself/herself in office. Seat No. 2 may be held by any of the remaining categories of members and shall expire on July 1, 2007, and on every third year thereafter. Seats No. 3 and 4 may be held by any of the remaining categories of members and shall expire on July 1, 2008, and on every third year thereafter. Seat No. 5 may be held by any of the remaining categories of members and shall expire on July 1, 2009, and on every third year thereafter. SECTION SIX (6)m SECTION 7-705 VACANCIES Should a vacancy occur on the audit committee for any reason, such vacancy shall be filled for the unexpired term by an appointment by majority of the council. A vacancy shall be deemed to have occurred when an audit committee member resigns or otherwise becomes unqualified to serve. 2 SECTION SEVEN (7)a Whenever, in the sole discretion of the city council, the council believes that the best interests of the city shall be served; any appointed member of the audit committee may be removed from office by majority vote of the council. SECTION EIGHT (8)a SECTION 7-707 OFFICERS Annually, the audit committee shall elect a chairperson and a secretary who shall hold office until July 1st the following year or until expiration of the term of appointment whichever shall first occur. In the absence of the chairperson at any meeting, the members shall select a chairperson pro tempore who shall preside over the meeting of the audit committee. SECTION NINE (9)e The audit committee shall meet at least twice annually at a time and place as called by the chair. Written notice of each meeting shall be provided to all members. Special meetings of the audit committee may be called by the chairperson or any three members. Written notice of the special meeting shall be provided to all members. Three members of the audit committee shall constitute a quorum. SECTION ELEVEN (11): The committee shall be responsible to: A. Recommend to the council an independent firm of certified public accountants to perform the annual audit of the city. B. Analyze and report to the council significant findings in the annual audit report and make recommendations regarding such findings. C. Make recommendations, if any, to the council regarding the following financial documents: (1) Annual financial statements, (2) Management letter submitted by the independent auditor, and (3) Response to management letter submitted by city staff. SECTION TWELVE (12): A. The audit committee may adopt, from time to time, such rules or procedures as it may deem necessary to properly exercise its powers and duties. All such rules shall be reviewed by the city attorney as to form and legality, and shall, after adoption, be kept on file in the office of the finance director. B. The chairperson of the audit committee may form ad hoc subcommittees among its various members to research and analyze those issues which arc within the committee's jurisdiction. The director of finance or his or her designee, the city manager or his or her designee shall attend each meeting and provide advice or assistance as requested by the audit committee. The director of finance or his or her designee shall provide clerical or other assistance as is necessary to maintain records of the audit committee proceedings. All other officers, departments and department directors of the city shall cooperate with the audit committee within the scope of the audit committee's duties. SECTION FOURTEEN (14)0 Neither the audit committee nor any individual rnembcr thereof shall incur any financial liability or responsibility in the name of, or on behalf of, the city by virtue of their activities as audit committee members. 4 The City of Owasso Code of Ordinances is hereby amended by adding a new chapter of ordinances to be codified in Part 7, Chapter 7, sections 7-701 et. seq. SECTION SIXTEEN (16): SECTION 7-715 REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. 0 DUN[fi; iU11112iB 51 The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. PASSED by the City Council of the City of Owasso, Oklahoma on the 15"' day of August 2006. ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED as to form: Julic Lombardi, City Attorney 5 Stephen Cataudella, Mayor FIR mlllilililll� \ }( TO: HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: BISHOP FINANCE • ►: A l . DATE: August 11, 2006 The sales tax reports are attached. These reports reflect the payments received from the Oklahoma Tax Commission (OTC) for the month of August. Generally this payment represents sales for June 16t" through July 15"'. As you are aware, many of the new businesses have filed amended returns with the OTC to correct filings for previous months. As these amended returns are processed by the OTC, the payments to Owasso for sales tax and use tax are adjusted. This report reflects an adjustment by the OTC between the sales and use tax. One retailer reported use tax instead of sales tax for the first few months of business in Owasso. Those funds were reported to us last fall as use tax. The OTC corrected that error this month by reducing our use tax for July and August and increasing the sales tax for August by about $94,000. This is not an increase in the funds received but a reclassification of the funds from use tax to sales tax. This $94,000 is included in the $1,334,836.21 reported on the August Sales Tax Reports and contributes to the 31.4% increase over last year. City of Owasso FY 2 0 -2 07 Monthly Sales Tax Comparisons City of Owasso Sales Tax Report Budget to Actual Comparison August 8, 2006 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $1,252,532.37 8.0% $ Aug 1,334,836.21 8.6% Sep Oct Nov Dec Jan Feb Mar Apr May Jun 1,250,000.00 8.0% $ 2,532.37 0.2% 1,250,000.00 8.0% 84,836.21 6.8% Totals $2,587,368.58 16.6% $2,5 00,000.0 116.0% $87,368.58 3.5% City of Owasso Sales Tax Report Two Year Comparison August 8, 2006 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Fiscal 2006-0007 Fiscal 2005-2006 Increase or (Decrease) Percent Percent Amount of Budget Amount of Actual Amount Percent $1,252,532.37 8.0% $1,017,573.68 7.8% $234, 958.69 23.1 % $1,334,836.21 8.6% 1,015,717.94 7.8% 319,118.27 31.4% Totals $2,587,368.58 16.6% $2,033,291.62 100.0% $554,076.96 27.3% Note: Fiscal Year 2007 Sales Tax Budget is $15,600,000 City of Owasso Monthly Sales Tax Revenues Last Five Fiscal Years 2006-2007 2005-2006 2004-2005 2003-2004 2002-2003 Jul $1,252,532.37 $1,017,573.68 $910,733.72 $884,378.03 $902,614.21 Aug 1,334,836.21 1,015,717.94 914,007.46 783,796.99 849,816.70 Sep 1,035,632.81 988,704.68 837,825.86 810,343.87 Oct 981,341.39 851,782.01 827,379.65 797,994.95 Nov 961,699.87 835,499.88 789,547.23 772,338.00 Dec 989,988.83 951,169.18 813,304.21 752,158.14 Jan 1,103,892.80 966,868.14 901,348.13 875,769.31 Feb 1,199,000.82 1,050,127.03 953,027.35 833,903.37 Mar 1,421,532.19 863,064.72 804,496.79 725,837.29 Apr 951,508.84 886,006.83 806,574.14 698,079.88 May 1,192,227.77 1,026,634.39 911,823.30 828,522,14 Jun 1,145,888.73 1,008,761.99 904,253.31 824,521.64 $2,587,368.58 $13,016,005.67 $11,253,360.03 $10,217,754.99 $9,671,899.50 City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2006-2007 2005-2006 2004-2005 2003-2004 2002-2003 Jul - $33,161.23 $17,070.50 $11,922.34 $31,318.04 Aug 18,985.40 33,356.07 24,757.34 12,507.21 14,161.76 Sep 46,340.83 12,174.76 16,457.91 10,684.16 Oct 48,270.12 10,171.42 13,944.11 14,838.63 Nov 60,301.25 30,636.25 22,937.88 20,965.75 Dec 68,421.15 20,877.03 18,312.92 26,092.23 Jan 59,464.05 21,483.02 27,556.25 15,096.95 Feb 104,179.46 29,015.55 26,835.49 14,514.97 Mar 84,024.67 26,001.35 24,164.88 11,032.92 Apr 46,403.85 18,594.56 15,622.43 11,379.76 May 79,411.84 26,447.13 19,995.04 13,522.81 Jun 41,771.73 41,317.23 21,756.82 15,317.50 $18,985.40 $705,106.25 $278,546.14 $232,013.28 $198,925.48 August 14 - 'August 20 1 August 2006 September 2006 S M T W T F S S M T W T F S 1 2 3 4 5 1 2 6 7 8 9101112 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 13 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 29 30 Au lust 171 ust 191 Sundav, Auaust A � � b August 14 - August 20 Mondav, August ust Wednesday gust 16 August 2006 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 26 27 28 29 30 31 Mariag, September 2006 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Th ust 191 TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO [TROTTI: RODNEY J RAY CITY MANAGER DATE: August 11, 2006 "The only Sustainable Competitive Advantage is the ability and capability to learn faster than your competition" From "The Fifth Discipline" By Peter Sense WATER. CONSERVATION TIPS ON WEB -PAGE: After sixteen days of extremely dry and hot weather, water usage in the city is at an all time high and citizens are beginning to seek information on how to conserve water while maintaining their lawns and gardens. The City's web -page now contains a helpful section that provides a series of "tips" on both outside and inside water conservation methods that can help trim a residential water bill and lower the impact of the weather on the City's water system. Residents can access the city's web -page at www.cityofowasso.com and "click" on "water conservation tips". Citizens may also contact the Public Works Department with questions relating to water use and conservation. COMMUNITY DEVELOPMENT: BOARD OF ADJUSTMENT — The Board of Adjustment will not meet in August. The next meeting of the Board of Adjustment is scheduled for September 26, 2006 at 6:00 PM at Old Central, PLANNING COMMISSION —The Planning Comnmission met on August %, 2006 at 6:00 PM at Old Central. At that meeting, the Planning Commission approved the :following items: 1. Lot Split OLS 06-05 — A lot split of three acres located south of North 121" East Avenue, just east of North Garnett Road in the Smith Farm Marketplace shopping center. Two lots are proposed: one lot is to be 2'/2 acres, and the other is to be 1/2 acre. 2. RezonijW Reguest OZ 06-05 — A rezoning of 78 acres from AG Agricultural to RS-3 Residential, located on the west side of North 129"' East Avenue, 1/2 mile north of East 66"' Street North, and immediately south of the Baptist Retirement Village. CITY MANAGER'S REPORT August 11, 2006 Page 3 of 6 18. Site Plan, Marriot Town Place Hotel — A site plan proposing a 65,000 square feet hotel facility on 1.91 acres located on Lot 1, Block 1, Tyann Plaza VI. RESIDENTIAL DEVELOPMENTS According to data recently received by the Community Development Department, housing starts fell in every community in the Tulsa metropolitan area last month. However, while regional residential pennits were down in July, there has been significant activity recently in the development of new residential subdivisions within Owasso. These future developments represent 1,332 lots, with 1,093 of these lots expected to become available for building between November 2006 and May 2007. This lot inventory will position Owasso to meet the demand for quality housing as we experience increased job growth in the months ahead. CAAIELOT ESTATES is a 49 acre proposed subdivision consisting of 139 lots with lot sizes averaging 70 feet in width. The subdivision property was annexed in 1996. A residential Planned Unit Development was approved by the City Council on December 3, 1996. The preliminary plat for the property was submitted on July 20, 2005 and accepted by the Planning Commission on September 12, 2005. A final plat for the property was approved by the Planning Commission on August 7, 2006, and is scheduled for City Council review on August 15, 2006. Earth change plans were submitted to the City staff on March 30, 2006 and an earth change permit was issued on May 15, 2006. Construction plans were originally submitted to the City staff on December 1, 2005, reviewed and returned to the developer with comments on December 16, 2005. The construction plans were resubmitted to the City Staff on March 30, 2006, and were approved by the City on June 5, 2006. The subdivision's infrastructure is currently under construction. Based on conversations with the developer, it appears that lots in this development will go on the market by Fall 2006. CRESCENT RIDGE is a 30 acre proposed subdivision consisting of 1.01 lots with lot sizes averaging 70 feet in width. The subdivision property was annexed on April 6, 2.004. RS-3 zoning was approved by the City Council on June 1, 2004. The preliminary plat for the property was submitted on March 22, 2004 and accepted by the Planning Commission on May 10, 2004. A final plat for the property was approved by the Planning Commission on August 7, 2006, and is scheduled for City Council review on August 15, 2006. Earth change plans were submitted to the City staff on April 27, 2006, and an earth change permit was issued on June 6, 2006. Construction plans were originally submitted to City staff on June 30, 2005, reviewed and returned to the developer with comments on August 10, 2005. The plans were resubmitted on November 21, 2005, reviewed and returned to the developer with comments on December 20, 2005. The final construction plans were submitted to the City on April 4, 2006, and approved on April 25, 3006. The subdivision's infrastructure is currently under construction. Based on conversations with the developer, it appears that lots in this development will go on the market in January, 2007. Visit Owasso on the Web: www.cityofowasso.com CITY MANAGER'S REPORT August 11, 2006 Page 5 of 6 The site is currently being graded for development. Based on conversations with the developer, IL appears that lots in this development will go on the market by Spring 2007. KEY'S LANDING is a 39 acre proposed subdivision consisting of 139 lots with lot sizes averaging 70 feet in width. The subdivision property was annexed on July 25, 2006. RS-3 zoning was approved by the Planning Commission on August 7, 2006. The preliminary plat for the property was submitted on June 2, 2006 and accepted by the Planning Commission on August 7, 2006. A final plat for the property is scheduled for Planning Commission. and City Council review at the September 2006 meetings of those bodies. Construction plans and earth change plans are currently under design for the subdivision, and have not yet been submitted to the City. Based on conversations with the developer, it appears that lots in this development will go on the market by November, 2006. BELMONT PLACE is a 20 acre proposed subdivision consisting of 89 lots with lot sizes averaging 55 feet in width. The subdivision property was annexed on April 15, 2003. A residential Planned Unit Development was approved by the City Council on June 4, 2004. The preliminary plat for the property was submitted on September 1, 2004 and accepted by the Planning Commission on October 11, 2004. A final plat for the property was approved by the City Council on April 18, 2006. Construction plans for the subdivision were submitted to the City staff on October 25, 2005, reviewed and returned to the developer with comments on November 16, 2005. The plans remain under design. Based on conversations with the developer, it is not clear when lots in this devclopment will go on the market. CROWN COLONY II is a 22 acre proposed subdivision consisting of 76 lots with lot sizes averaging 70 feet in width. The subdivision property was annexed on December 12, 2003. A residential Planned Unit Development was approved by the City Council on July 5, 2005. The preliminary plat for the property was submitted on November 4, 2005 and accepted by the Planning Commission on December 12, 2005. A final plat for the property remains in design. Construction plans for the subdivision were submitted to the City staff on April 20, 2006, reviewed and returned to the developer with comments on May 6, 2006. The plans remain under design. Based on conversations with the developer, it is not clear when lots in this development will go on the market. THE RESERVE ONELM CREEK is a 20 acre proposed subdivision consisting of 74 lots with lot sizes averaging 52 feet in width. The subdivision property was annexed on March 2, 2004. A residential Planned Unit Development was approved by the City Council on June 1, 2004. The preliminary plat for the property was submitted on September 1, 2004 and accepted by the Planning Commission on October 11, 2004. A final plat for the property remains in design. Construction plans for the subdivision were submitted to the City staff on January 30, 2006, reviewed and returned to the developer with comments on February 25, 2006. Based on conversations with the developer, it is not clear when lots in this development will go on the market. Visit Owasso on the Web: www.cityofowasso.com RESIDENTIAL BUILDING PERMITS (NEW CONSTRUCTION COUNTS) Month January 1992 6 1993 6 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 February 1 Q `11 : 9 1 D ;: 12 8 i 16 45 ':: 29 21 20 23 64 54 30 31 22 March 12 12 15 28 18 30 35 34 33-; 34 21 26 44 7Q 41 SQ : 52 41 ::' Apn q18 18: 39 26 48 ;; 51 3$ 24 61 48 5Q 51 38 75 65 50 May 9 8 13 8 24 27 26 39 42 26 51 38 35 29 47 31 63 :>:.. 52 June July 13 10 18 .; 23. 15 37 `: 25 45 40 : 30 34 51 33 53 4g 42 :I 36 29.,::: August 10 10 9 13 20 13 20 28 28 29 27 33 37 44 32 34 27 12 September .: 14 12 12 20 26. 21 30 24 22 31 33 38 31 33 31 36 45 Ocfobf 17 8 11 :: 27 .. 13 29 29 29 30 52 64 35 November 19 13 15 20 13 14 26 14 18 24 26 35 42 31 3D 32 .December- Totals 142 133 162 208 293 333 401 362 377 406 524 479 528 518 242 Year to Date 242 72 82 109 102 192 220 244 237 236 262 369 262 320 323 Mc:s V285 E �190 =Uate 1994 _ 1996— --- 1998 2000 2002 2004 2006 July — -- — --- Year to Date Dollars • $37,000,000 —..... U $27.750,000 $18.500,000 -- - U $9,250,000 - $0 1992 1994 1996 1998 2000 2002 2004 2006 _ _ New uction Construction Dollar°s—- - �� Totals for Each Year 54,000,000 o U�40, 500, 000 - 1 _ T --------------- a 27,000,000-�________________�i U 13,500,000 z 0-----_-------- _________________� I 1992 RESIDENTIAL LOT INVENTORY STATUS July 31, CITY OF OWASSO SIB®IVISIO Barrington Point III (8/96) ®F LOTS 32 Bradfords at Silver Creek (2/98) 83 Brentwood Village (6/99) 64 Broadmore Heights (10/92) 32 Brookfield Crossing (11/02) 134 Central Park II (7/97) 96 Chelsea Park (9/04) 106 Coffee Creek (04/01) 101 Coffee Creek II (12/05) 79 Country Estates 11 (6/97) 193 Country Estates III (3/99) 61 Country Estates VI (1 1/03) 37 Double Oaks 111 (8/93) 63 Fairways at Bailey Ranch (8/95) 80 Fairways III Extended (6/99) 104 Fairways V (8/99) 71 Fairways VI (12/00) 42 Falls at Garrett Creek (12/05) 104 Honey Creek (4/02) 202 Honey Creek 11 (12/04) 119 Lake Valley (02/06) 110 Metro Heights (11/01) 52 Metro Heights 11 (6/02) 42 Nottingham Estates III (9/99) 23 Nottingham Estates IV (8/01) 20 Nottingham Estates V (3/01) 44 Preston Lakes (12/00) 272 Preston Lakes III (10/04) 147 Remington Park II (11/04) 84 Sawgrass Park (01/02) 178 Sawgrass Park II (04/05) 96 The Summit at Southern Links (6/97) 31 The Village at Silver Creek (09/02) 62 Watercolors (12/02) 40 TOTALS 3004 s 30 80 62 28 133 95 106 94 22 191 58 36 62 79 98 46 37 33 198 119 48 51 42 20 13 38 237 68 82 178 27 26 56 15 2508 # AVAILABLE ----------------- 3 2 4 1 1 0 6 57 2 3 1 1 1 25 5 71 4 0 62 1 0 3 7 6 35 79 2 0 69 5 6 25 49 Watercolors (1210 The Village at Silver Creek (09/0: The Summit at Southern Links (6/9 Sawgrass Park II (04/M Sawgrass Park (01/0: Remington Park II (11/0, Preston Lakes III (10/0z Preston Lakes (12/OC Nottingham Estates V (3/01 Nottingham Estates IV (8/01 Nottingham Estates III (9/99 Metro Heights II (6/02 Metro Heights (11/01 Lake Valley (02/06 Honey Creek II (12/04' Honey Creek (4/02: Falls at Garrett Creek (12/05) Fairways VI (12/00) Fairways V (8/99) Fairways III Extended (6/99) Fairways at Bailey Ranch (8/95) Double Oaks III (8/93) Country Estates VI (11/03) Country Estates III (3/99) Country Estates II (6/97) Coffee Creek II (12/05) Coffee Creek (04/01) Chelsea Park (9/04) Central Park II (7/97) Brookfield Crossing (11/02) Broadmore Heights (10/92) Brentwood Village (6/99) Bradfords at Silver Creek (2/98) Barrington Point III (8/96) Resi6CITY OF OWASSO pnti,71 Lot 0 50 _ 100 _ 150 200 250 LI Total Lots tf Lots Developed 300 June 2006 Subdivision Cost Clear Brook $ 600,000.00 Clear Brook 725,000.00 Dover Pond 400,000.00 Looking Glass 60,840.00 Ranch Acres 90,000.00 Rolling Meadows 60,750.00 Timbergate 250,000.00 Timbergate 200,000.00 8 New Homes $ 2,386,590.00 2003 2004 2005 2006 Month fenceline fenceline fenceline fenceline 3` 13 , � 1.3 Feb 6 17 13 24 March April 13 22 19 8 May 11, 20 21 = 13 June 15 13 23 19 July _11? 23 Aug 22 18 15 'Sept , Oct 27 20 17 Nov 17 13 10 Dec 15 � 10 ` 9 Totals 173 19$..�� 199 97�F YTD 83 126 128 97 COMMERCIAL. Building Permits (New Construction Counts) Month 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 January 0 0 1 1 0 0 5 2 3 0 0 0 1 2 9 February March 2.. 1 0 0 5 2 1 1. 1.. ..0.....3......1.. 2.... 1._.._ ..4::. April 3 4 1 May 1 2 2 3 0 1 4 0 2 2 .....4 1.. ..1.... 3.,.. 2 June ..2 3:. 4 July 1 0 0 5. 1 1 1_ 7 0 1 0.. 0 0 0:::.. August 0 4 2 ... 3 1 9 5 0 4 1- 3 3 1: September 1 1 0 0 2 2 2 0 2 0 2 2 1 . 2 October 1 r� 1 2 November 1 0 2 1 2 1 0 5 6 5 1 1 3 0 Decernbr Totals 8 12 13 19 20 26 66 26 52 27 23 12 25 23 30 Year to Date 5 7 8 13 11 10 57 14 26 17 10 6 16 18 30 Includes Churches, Schools, and Government Facilities July Year to Date Count F 60 _e u) 45 T E �n 30171 :1 ® E 15 i a. 0 --- — 1992 1994 1996 1998 2000 2002 2004 2006 ® 60,000,000 45,000,000 30,000,000 U) 6 0 ® 15,000,000 0 1992 YeaLJuly to Date Dollars 1994 1996 1998 2000 2002 2004 2006 New Construction Dollars Totals for Each Year $65,000,000me_ 0 $48,750,000 _ $32,500,000 0 o $16,250,000 $0 as 1992 1994 1996 1998 2000 2002 2004 2006 NAME ADDRESS STATUS APPLICATION DATE OPENING DATE COMPLETE DECEMBER 2005 Allied Home Mortgage 10310 N 138 E Ave New 12/27/2005 12/30/2005 Yes Coffee Passions, LLC 13720 E 86 St No New 12/20/2005 1/2/2006 Yes Compadres Mexican Grill 12551 E 86 St No New 12/1/2005 12/15/2005 Yes Guide One Insurance 13720 E 86 St No #120 Relocate 12/7/2005 12/13/2005 Yes Hamlet 9045 N 121 E Ave #500 New 12/13/2005 12/17/2005 Yes 1 on 1 Fitness, LLC 9045 N 121 E Ave #1100 New 12/21/2005 12/26/2005 Yes Maggie Moo's Ice Cream 9045 N 121 E Ave New 12/15/2005 12/26/2005 Yes McCee's Styling Co., LLC 11230 N Garnett #C New 12/20/2005 1/20/2006 Yes Robyn's Harden's Hamburger 11501 N Garnett New 1'2/22/2005 1/3/2006 Yes Slim Care, Inc 8787-H Owasso Exp New 12/6/2005 12/6/2005 Yes Virco Enterprises, LLC 9530 N 129 E Ave #102 New 12/14/2005 12/19/2005 Yes Wild Noodles 9045 N 121 E Ave #1 100 New 12/12/2005 12/14/2005 Yes JANUARY 2006 El Tequila 12500 E 86 St No. New 1/6/2006 1/15/2006 Yes 1st United Methodist Church 13800 E 106 St No New 1/23/2006 1/20/2006 Yes Imagine Hair Studio 12811 F_ 86 PI No New 1/4/2006 1/1/2106 Yes Linens-N-Things 9018 N 121 E Ave New 1/19/2006 2/2/2006 Yes Small Animal Hospital 12500 E 86 St N, #105 New 1/26/2006 2/1/2006 Yes Mi Rancho 12412 E 86 St No New 2/6/2006 2/18/2006 Yes Al's Formal Wear 9031 N 121 E Ave #100 New 2/17/2006 2/21/2006 Yes Orthopedic Hospital of Okla 13720 E 86 St No #140 New 2/20/2006 3/3/2006 Yes Hand Me Down 13720 E 86 St No New 2/21/2006 2/21/2006 Yes Sutterfield's Flowers 9100 N Garnett Road #J New 2/22/2006 4/8/2006 Yes The Market 12932 E 86th St No New 2/24/2006 4/1 /2006 Yes Sugar & Spice Bakery 1 N Main Owner Change 2/27/2006 3/14/2006 Yes MARCH 2006 Chic-Fil-A 12015 E 96 St N New 3/9/2006 3/30/2006 Yes Men's Warehouse 9045 N 121 E Ave New 3/9/2006 3/31 /2006 Yes C & R Liquor 11330 N Garnett Relocate 3/21/2006 5/15/2006 Yes Maid in Owasso, Inc. 11300 N Garnett New 3/14/2006 4/1 /2006 Yes Metcalf Shows 8819 N 145 E Ave New 3/23/2006 4/1 /2006 Yes Nordaggio's Coffee, LLC 9045 N 121 E Ave New 3/6/2006 3/17/2006 Yes Monterey House 9021 N 121 E Ave New 3/24/2006 3/27/2006 Yes Touch of Sun 9540 N Garnett New 3/28/2006 3/28/2006 Yes Great Clips 9500 N 129 E Ave New 3/29/2006 4/1 /2006 Yes Regent Bank (Shell) 9045 N 121 E Ave New 3/2/2006 Yes APRIL 2006 Jamba Juice 9025 N 121 E Ave New 4/3/2006 4/4/2006 Yes Savvy Sisters Home Decor 12802 E 86 St No New 4/14/2006 3/18/2006 Yes Pass Your Plate 9455 N Owasso Exp New 4/5/2006 5l5/2006 Yes MAY 2006m Super Supper 9045 N 121 E. Ave New 5/4/2006 5/22/2006 Yes Camille's 9021 N 121 E. Ave New 5/1/2006 5/1/2006 Yes Advance Auto Parts 10713 E 86 St N New 5/25/2006 6/1/2006 Yes JUNE 2006 Dragon Buffet Commercial Power Solutions Essential Furniture Liquids, Wine & Spirits Quizno's Sub All God's Creatures Central Baptist Church Central Baptist Church L' Colette, Inc AV41116P., 12308 E 86 St N Owner Change 6/2/2006 8/1/2006 No 308 South Main Relocate 6/6/2006 6/9/2006 No 9455 Owasso Exp New 6/8/2006 7/1/2006 No 9540 N Garnett New 6/15/2006 6/12/2006 Yes 9551 Owasso Exp New 6/14/2006 6/23/2006 Yes 8351 N Owasso Exp New 6/27/2006 7/3/2006 Yes 9001 N 145 E Ave Bldg A New 6/29/2006 7/9/2006 No 9001 N 145 E Ave Bldg B New 6/29/2006 7/2/2006 Yes 9021 N 121 E Ave, #300 New 6/29/2006 6/30/2006 Yes Daniel D. Draper III 10306 N 138 E. Ave After the Bell Game Center 1309 North Main Surcee 9455 Owasso Exp Donald Carlstrom 8517 N 129 E. Ave Affordable Medical Equip 302 E. 5 Ave Sticks' Chicken House 9540 N Garnett Road Go For It Athletics 13720 E 86 St N Loan Plus, Inc 117-13 So Main Wilson Vang 11505 E 83 St No New 7-19-06 7/21/2006 Yes New 7/9/2006 7/9/2006 Yes Relocate 7/20/2006 8/25/2006 No Owner Change 7/3/2006 8/1/2006 No New 7/6/2006 7/18/2006 No New 7/12/2006 7/18/2006 No New 7/11/2006 7/25/2006 No New 7/27/2006 8/1/2006 No Owner Change 7/28/2006 7/28/2006 No ADDRESS BUILDER ADD; ZONE VALUE A.S.F. PERMIT # DATE 9807 N 99 E Ct Dolphin Pools HC/RS-3 25,000 576 06-0701-P 7/7/2006 11807 E 105 St N Simmons Homes SGP/RS-3 137,382 3271 06-0702-X 7/13/2006 9001 N 157 E Ave Leisure World Pools PL/RS-3 12,000 240 06-0703-P 7/13/2006 10728 N 147 E Ave Simmons Homes LV/RS-3 77,112 1836 06-0704-X 7/14/2006 10704 N 147 E Ave Simmons Homes LV/RS-3 75,432 1796 06-0705-X 7/14/2006 10722 N 147 E Ave Simmons Homes LV/RS-3 79,632 1896 06-0706-X 7/14/2006 13800 E 92 Ct N John K. Davis NE/RS-2 164,850 3925 06-0707-X 7/14/2006 9455 Owasso Exp Grace & Assoc Tyann Plz/CS 35,000 1950 06-0708-C 7/14/2006 8101 N 129 E Ave Owasso Public Schools Ow Schools 1,912,000 19675 06-0709-C 7/14/2006 13901 E 86 St N Owasso Public Schools Ow Schools 2,077,510 12430 06-0710-C 7/14/2006 13650 E 103 St N Owasso Public Schools Ow Schools 1,980,900 15810 06-0711-C 7/14/2006 8701 Owasso Exp Amax Signs MVSC/CS 1,000 15 06-0712-S 7/14/2006 13616 E 103 St N Claude Neon UCGC/OM 40,000 150 06-0713-S 7/14/2006 14210 E 93 PI N United Bilt Homes Unplatted 127,000 1868 06-0714-X 7/14/2006 12302 E 89 St N Shirley Linam LR/RS-3 2,000 192 06-0715-X 7/17/2006 8201 N 121 E Ave Dolphin Pools EC/RS-3 3,298.00 441 06-0716-P 7/18/2006 9012 N 157 E PI Simmons Homes PL/RS-3 108,318 2579 06-0717-X 7/20/2006 14305 E 102 Ct N Sin=ons Homes CC/RS-3 137,382 3271 06-0718-X 7/20/2006 1309 N Main A & J Construction JA/CS 350 16 06-0719-S 7/20/2006 14702 E 108 St N Simmons Homes LV/RS-3 67,914 1.617 06-0720-X 7/21/2006 10712 N 147 E Ave Simmons Homes LV/RS-3 67,914 1617 06-0721-X 7/21/2006 13800 E 91 St N Black Gold Pools NE/RS-2 22,000 592 06-0722-P 7/21/2.006 10413 N 118 E Ave Simmons Homes SGP/RS-3 97,650 2325 06-0723-X 12308 E 86 St N Global Signs ECCC/CS 3,350 _ 55 _7/24/2006 7/24/2006 9553 Owasso Exp Amax Signs Tyann Plz/CS _ 10,000 187 _06-0724-S 06-0725-S 7/24/2006 7610 N 127 E Ave Leisure World Pools DO/RS-3 2,500 452 06-0726-P 7/25/2006 12717 E 76 Cr N Leisure World Pools DO/RS-3 1,795 _ 324 06-0727-P 7/26/2006 607 N Cedar Drek Dewar SV/RS-3 4,000 7/26/2006 11209 N 131 E P1 IDenny Construction FGC/RS-3 126,210 _195 3005 1 _06-0728-X 06-0729-X 1 7/31/2006 12 Single Family � $1,266,796.00 � 29,006 SgFt 7 Residential Additions 6,000M 387 SgFt 3 Schools/Addttions/Ilexiovatioixs 5,970,410.00 47,915 SgFt 1 Commercial Remodel 35,000.00 1950 SgFt 6 Pools 66,593.00 2,625 SqF t 5 Signs 54,700.00 423 SgFt 29 Building Permits � $7,399,499.00 82,306 SgFt --- - ------ H M V H F13 W! Building Permits Issued 36 $10,181.24 Economic Development 23 6,869.64 Mechanical Permits Issued 28 3,294.48 Electrical Permits Issued 36 3,494.48 Plumbing Permits Issued 43 3,669.48 Recreation Development 21 3,150.00 Sign Permits Issued 6 320.00 Reinspection Fees Sewer Taps 23 9,200.00 Water Taps 25 13,675.00 Water Meter Deposits 23 1,150.00 TOTAL PERMITS 264 $55,004.32 Building 167 Mechanical 126 Electrical 191 Plumbing 186 Reinspection 59 Other 0 TOTAL INSPECTIONS 729 OHONORABLE • R AND CITY COUNCIL CITY OF Oa , FROM: SHERRY BISHOP FINANCE DIRECTOR DATE: August 11, 2006 The sales tax reports are attached. These reports reflect the payments received from the Oklahoma Tax Commission (OTC) for the month of August. Generally this payment represents sales for June 16t1' through July 15t". As you are aware, many of the new businesses have filed amended returns with the OTC to correct filings for previous months. As these amended returns are processed by the OTC, the payments to Owasso for sales tax and use tax are adjusted. This report reflects an adjustment by the OTC between the sales and use tax. One retailer reported use tax instead of sales tax for the first few months of business in Owasso. Those funds were reported to us last fall as use tax. The OTC corrected that error this month by reducing our use tax for July and August and increasing the sales tax for August by about $94,000. This is not an increase in the funds received but a reclassification of the funds from use tax to sales tax. This $94,000 is included in the $1,334,836.21 reported on the August Sales Tax Reports and contributes to the 31.4% increase over last year. City Of Owasso FY 200 -2 07 Monthly Sales Tax Comparisons qU IV,VVV,VVV $16,000,000 $14, 000, 000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 City of Owasso Sales Tax Report Budget to Actual Comparison August 8, 2006 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Actual Collections Amount Percent $1,252,532.37 8.0% 1,334,836.21 8.6% Budget Projections Over (Under) Projection Amount Percent Amount Percent $ 1,250,000.00 8.0% $ 2,532.37 0.2% 1,250,000.00 8.0% 84,836.21 6.8% Totals $2,587,368.58 16.6% $2,500,000.00 16.0% $87,368.58 3.5% City of Owasso Sales Tax Report Two Year Comparison August 8, 2006 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Fiscal 2006-0007 Percent Amount of Budget $1,252,532.37 8.0% $1, 334,836.21 8.6% Fiscal 2005-2006 Percent Amount of Actual $1,017,573.68 7.8% 1,015,717.94 7.8% Increase or (Decrease) Amount Percent $234,958.69 23.1% 319,118.27 31.4% Totals $2,587,368.58 16.6% $2,033,291.62 100.0% $554,076.96 27.3% Note: Fiscal Year 2007 Sales Tax Budget is $15,600,000 City of Owasso Monthly Sales Tax Revenues Last Five Fiscal Years 2006-2007 2005-2006 2004-2005 2003-2004 2002-2003 Jul $1,252,532.37 $1,017,573.68 $910,733.72 $884,378.03 $902,614.21 Aug 1,334,836.21 1,015,717.94 914,007.46 783,796.99 849,816.70 Sep 1,035,632.81 988,704.68 837,825.86 810,343.87 Oct 981,341.39 851,782.01 827,379.65 797,994.95 Nov 961,699.87 835,499.88 789,547.23 772,338.00 Dec 989,988.83 951,169.18 813,304.21 752,158.14 Jan 1,103,892.80 966,868.14 901,348.13 875,769.31 Feb 1,199,000.82 1,050,127.03 953,027.35 833,903.37 Mar 1,421,532.19 863,064.72 804,496.79 725,837.29 Apr 951,508.84 886,006.83 806,574.14 698,079.88 May 1,192,227.77 1,026,634.39 911,823.30 828,522.14 Jun 1,145,888.73 1,008,761.99 904,253.31 824,521.64 $2,587,368.58 $13,016,005.67 $11,253,360.03 $10,217,754.99 $9,671,899.50 City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2006-2007 2005-2006 2004-2005 2003-2004 2002-2003 Jul - $33,161.23 $17,070.50 $11,922.34 $31,318.04 Aug 18,985.40 33,356.07 24,757.34 12,507.21 14,161.76 Sep 46,340.83 12,174.76 16,457.91 10,684.16 Oct 48,270.12 10,171.42 13,944.11 14,838.63 Nov 60,301.25 30,636.25 22,937.88 20,965.75 Dec 68,421.15 20,877.03 18,312.92 26,092.23 Jan 59,464.05 21,483.02 27,556.25 15,096.95 Feb 104,179,46 29,015.55 26,835.49 14,514.97 Mar 84,024.67 26,001.35 24,164.88 11,032.92 Apr 46,403.85 18,594.56 15,622.43 11,379.76 May 79,411.84 26,447.13 19,995.04 13,522.81 Jun 41,771.73 41,317.23 21,756.82 15,317.50 $18,985.40 $705,106.25 $278,546.14 $232,013.28 $198,925.48 Note: Fiscal Year 2007 Use Tax Budget is $400,000 Please rint your name if you desire to address the Council on an agenda item. Pleas�-, note that all presenitations are 11"'imited to three (3) min-�,,,ftes,. Name Agenda Item # a 6. 8. 0 10. 11 12. TO: THE HONORABLEO AND COUNCI CITY OF !:•; .RO 1F. ERIC WILES COMMUNITYDEVELOPMENT DIRECTOR SUBJECT:ORDINANCE NO. 873 AND ORDINANCE NO. 8AMENDING THE OUTDOOR i 1 AND PROVIDING SPORTSi EXEMPTIONS • ., SIGN CODE DATE: August 15, 2006 At the July and August work sessions, the staff received input from City Council members regarding suggested changes to the Owasso Outdoor Lighting Code and the Owasso Sign Code. Since those meetings, the staff has prepared ordinances based on comments from the City Council and is now prepared to submit those ordinances for Council consideration. 1- Ir •+ �•i% it The concern expressed by City Council members at the July work session was that the Outdoor Lighting Code needs added flexibility in order to accommodate new businesses desiring to locate in Owasso. The example used was the requirement that the new Best Buy establishment in Smith Farm keep its parking lot lights to a maximum height of 30 feet. This requirement caused Best Buy to increase its investment in the development by $15,000 because it needed more lights at this lower height level to light the parking lot to Best Buy' s standard level of brightness. One of the stated purposes of the lighting code is to not create glare onto nearby properties and public street rights of way. This glare is created by unshielded lighting elements that can be seen from a point off the subject property. The maximum height of 30 feet for parking lot lights was made a code requirement because, for flat parking lot lights commonly used by businesses, at that height it is unlikely that glare from the lighting elements would escape the property boundaries. In analyzing the issue, the staff believes that, if a developer offers a reasonable method of keeping lighting glare from crossing property lines, then it would be reasonable to allow light poles to be higher than 30 feet. To implement this finding, the staff has drafted proposed language that could be added to the Outdoor Lighting Code allowing the Community Development Department to review such issues on a case by case basis and grant an administrative variance to the 30 feet maximum lighting height requirement. ,.M1 �. �,, 1 [ ;. } The proposed ordinance would add the following language to Section E, Parking Lot Lighting of the Outdoor Lighting Standards chapter of the zoning code: All parking lot lighting requirements listed in Section E may be modified by the Community Development Department upon a finding that the developer has provided a method by which glare from lighting elements will not cross any property line, and lighting elements will not be visible from any point off the subject property. Another concern expressed by City Council members at the July work session was the Sign Code is not being enforced in a uniform manner in Owasso. The example used was the lack of enforcement of banner requirements at the high school sports fields, such as the tennis courts and baseball field, and the allowance of a scoreboard sign at the football stadium that does not conform to the requirements of the Sign Code. The signs at these fields do not comply with the code for different reasons - the banners at the tennis courts and baseball field do not have permits, the scoreboard sign at the football field is larger than the maximum size allowed by the code, and all of the signs contain forms of off -premises advertising prohibited in the Sign Code. Enforcement of the Sign Code to date has focused on businesses in Owasso, and a " hands -off" approach has been taken towards signs at school athletic fields. This enforcement policy has resulted in a situation that causes concern, because it gives the appearance that the City is not living up to high standards of character in its enforcement of the code. In analyzing the issue, the staff continues to believe that school sports fields should be regulated differently than other sites in the community. Therefore, it would be appropriate to amend the code to allow for school sports fields to have banners and otherwise non -compliant signs at their location. Similar to the proposed change to the Outdoor Lighting Code above, the staff has drafted proposed language with which to codify the difference in Sign Code enforcement. The proposed ordinance would add the following language to Section 17.5, School Sports Field Signs of the Sign Code chapter of the zoning code: Temporary signs, banners, and scoreboards on sports fields owned by the Owasso Public Schools do not require permits and will not be required to follow the provisions of this Ordinance. The staff recommends approval of Ordinance No. 873 and Ordinance No. 874. 1. Proposed Ordinance No. 873 2. Proposed Ordinance No. 874 CITY OF OWASSO, OKLAHOMA ORDINANCE 1UW 1 1 &I UA1161 WVLV1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TO -WIT: SECTION OILE 1): That Part 12 — Planning, Zoning and Development, Section 18-E, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to read as follows, and the same being codified as set forth below, to -wit: E. — Parking Lot Lighting 1) Other than flood lights and flood lamps, all outdoor area and parking lot lighting fixtures of more than 2,000 lumens shall be cutoff fixtures, or comply with subsection (3) below, and shall be subject to the requirements of Section D. 2) The mounting height of all parking lot lighting shall not exceed thirty (30) feet above finished grade. The applicability of this provision may be reviewed on an individual basis. 3) All non -cutoff fixture open --bottom lights shall be equipped with full cutoff fixture shields that reduce glare and limit uptight. 4) All parking lot lighting requirements listed in Section E may be modified by the Community Development Department upon a finding that the developer has provided a method by which glare from lighting elements will not cross any property line, and lighting elements will not be visible from any point off the subject property. SECTION 'I` OR(2)A REPEALER All ordinances, or parts of ordinances, in conflict with this ordinance arc repealed to the extent of the conflict only. SECTION 'I'HI E (3)a SEVERABILITY If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION PER L)o DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5 : CODIFICATION The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12 -- Planning, Zoning and Development, Section 18-E. PASSED AND APPROVED this 15"' day of August, 2006. IN ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney CITY OF OWASSO, OKLAHOMA Stephen Cataudella, Mayor CITY OF OWASSO, OI£LAHOMA ORDINANCE NO. 874 AN ORDINANCE RELATING TO PART 12 PLANNING, ZONING AND DEVELOPMENT, CHAPTER 17 SIGN CODE, SECTION 17.5 SIGNS NOT REQUIRING PERMITS, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, TO -WIT: SECTION ONE (1): That Part 12 — Planning, Zoning and Development, Section 17.5, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended to include section 17.5.13, and the same being codified as set forth below, to -wit: 17.5.13. School Spot is Field Sims Temporary signs, banners, and scoreboards on sports fields owned by the Owasso Public Schools do not require permits and will not be required to follow the provisions of this Ordinance. SECTION TWO (2), REPEALER All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION I'IIREE (3)' SEVERABILITY If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION FOUR (4) DECLARING AN EFFECTIVE HATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE : CODIFICATION The City of Owasso Code of Ordinances is hereby amended by adding a new ordinance to be codified in Part 12 — Planning, Zoning and Development, Section 17.5. PASSED AND APPROVED this 15`h day of August, 2006. By: ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Stephen Cataudella, Mayor