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HomeMy WebLinkAbout2004.03.16_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL TYPE OF MEETING: Regular DATE: March 16, 2004 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, March 12, 2004. i f Juliann M. Stevens, Adrmnistrative Assistant AGENDA 1. Call to Order Mayor Cochran 2. Invocation Aaron Smith, Friendship Baptist Church 3. Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable. A. Approval of Minutes of the March 2, 2004 Regular Meeting. Attachment #5 -A B. Approval of Claims. Attachment #5 -B 11 Ag- dui.Counci 12004 lu 1 bOd doc Owasso City Council March 16, 2004 Page 2 C. Action relating to Council acceptance of the Owasso Professional Square storrnwater drainage system. Attachment # 5 -C Staff recommends Council accept the Owasso Professional Square stoianwater drainage system. PUBLIC HEARING 6. Public Hearing relating to community development projects completed. Mr. Wiles Attachment #6 A public hearing will be held for the purpose of receiving comments and citizen input on the projects completed under the 10236 CDBG 2001 Grant. 7. Public Hearing relating to community development project activities and needs within the City of Owasso, Oklahoma. Mr. Wiles Attachment #7 A public hearing will be held for the purpose of receiving recommendations and citizen input on community development needs within the City of Owasso in accordance with the Oklahoma Department of Commerce Small Cities Seat Aside Grant for 2004. H :Aeend ,ls Couned'_0040111,01 doc Owasso City Council March 16, 2004 Page 3 8. Consideration and appropriate action relating to a request for Council acceptance of the completed sidewalk improvement project under the 10286 CDBG 2001 Small Cities Grant and authorization of the Mayor to execute all necessary closeout documents. Mr. Wiles Attachment #6 Staff will recommend Council accept the completion of the sidewalk improvement projects, authorize the Mayor to execute all necessary documents, and authorize city staff to transmit closeout documents to the Oklahoma Department of Commerce. 9. Consideration and appropriate action relating to a request for Council authorization of a letter of intent to the Oklahoma Department of Commerce announcing the City's interest in participating in the CDBG Small Cities Set Aside Program for 2004. Mr. Wiles Attachment #7 Staff will recommend Council authorize the Mayor to execute a letter of intent to the Oklahoma Department Commerce advising them of the city's interest in participating in the CDBG Small Cities Set Aside Program for 2004. 10. Consideration and appropriate action relating to Council acceptance of a report by the Owasso Economic Development Authority recommending a plan of action for the Main Street Improvement Project. Mr. Wiles Attachment #10 Staff will recommend Council adopt an Owasso Economic Development Authority report as a base concept for the downtown redevelopment and as a plan of action for investing public finds to improve the Main Street area and inducing private investors to improve the Main Street area. I I _Ace"'" ", ( w:cil '_i in.i ❑ 0 1 ,—J. Jo Owasso City Council March 16, 2004 Page 4 11. Consideration and appropriate action relating to Council approval of Ordinance No. 777. An ordinance amending Section 650 of the zoning code relating to Sexually Oriented Business. Mr. Wiles Attachment #11 Staff will recommend Council approve Ordinance 777 amending Section 650 of the zoning code relating to Sexually Oriented Businesses increasing the required distance between the businesses and churches, schools, and parks from 500 feet to 1,000 feet; between the businesses and residentially -zoned areas from 300 feet to 1,000 feet; and between businesses and nonarterial streets providing access to residentially -zoned areas from 300 feet to 1,000 feet. 12. Consideration and appropriate action relating to Council adoption of the Owasso Historical Museum Polices and Procedures. Ms. Boutwell Attachment # 12 Staff will recommend Council adopt the Owasso historical Museum .Polices and Procedures document and authorize the Mayor to execute all necessary documents. 13. Consideration and appropriate action relating to a request for Council approval of Resolution No. 2004 -04. A Resolution establishing a fee schedule for the opening and closing of burial spaces in Fairview Cemetery. Ms. 13outwell Attachment #13 Staff will recommend Council approve Resolution No. 2004 -04, establishing a fee schedule for the opening and closing of burial spaces in Fairview Cemetery and authorizing the Mayor to execute all necessary documents. 11 Ag-dn: C ii '­14 ri }16 , -t'I", Owasso City Council March 16, 2004 Page 5 14. Consideration and appropriate action relating to a request for Council approval of annexation request OA 04 -02 from the Free Will Baptist Church for annexation of approximately 42 acres, more or less. The subject property is located in the northwest con-ler of East 106"' Street North and U.S. 169. Mr. Cuthbcrtson Attachment #14 Staff will recommend Council approve annexation request OA 04 -02 from Free Will Baptist Church. 15. Consideration and appropriate action relating to a request for Council approval of annexation request OA 04 -03 from Kellogg Engineering for annexation of approximately 29.80 acres, more or less. The subject property is located in the 1200 block of N. Garnett Road just north of the existing Country Estates VI subdivision. Mr. Cuthbertson Attachment #15 Staff will recommend Council approve annexation request OA 04 -03 from Kellogg Engineering. 16. Consideration and appropriate action relating to a request for Council approval of rezoning request OZ 04 -02 from Tyann Development, Inc., for the rezoning of approximately 35.3 acres, more or less from OM (Office Medium Intensity) and RS- 3 /PUD -1 (Residential Single Family) to CS (Commercial Shopping Center District). The subject property is located south and west of the southwest corner of the N. 129`x' East Avenue and E. 96`x' Street North intersection. Mr. Cuthbertson Attachment # 16 Staff will recommend Council approve rezoning request OZ 04 -02 from Tyann Development, Inc. I A' —'&as L'ounc i 12004 �! 1 00-4 d", Owasso City Council March 16, 2004 Page 6 17. Consideration and appropriate action relating to a Vision 2025 Capital Improvement Agreement among the City of Owasso, the Tulsa County Industrial Authority and the Board of Commissioners of Tulsa County pertaining to the Owasso Community Center Proj ect. Mr. Cates Attachment #17 Enclosure Staff will recommend Council approve the Vision 2025 Capital Improvement Agreement pertaining to the Owasso Community Center and authorize the Mayor to execute all necessary documents. 18. Consideration and appropriate action relating to a Vision 2025 Capital Improvement Agreement among the City of Owasso, the Tulsa County Industrial Authority and the Board of Commissioners of Tulsa County pertaining to the Owasso Downtown Neighborhood Project. Mr. Cates Attachment #17 Enclosure Staff will recommend Council approve the Vision 2025 Capital Improvement Agreement pertaining to the Owasso Downtown Neighborhood Project and authorize the Mayor to execute all necessary documents. 19. Consideration and appropriate action relating to a Vision 2025 Capital Improvement Agreement among the City of Owasso, the Tulsa County Industrial Authority and the Board of Commissioners of Tulsa County pertaining to the Owasso N cal- CnJA!p4eY e Project. Mr. Cates Attachment #17 Enclosure Staff will recommend Council approve the Vision 2025 Capital Improvement Agreement pertaining to the Owasso Medical Complex Project and authorize the Mayor to execute all necessary documents. 11 A'c -d,' Council'1104 11 1(0 -1doe Owasso City Council March 16, 2004 Page 7 20. Consideration and appropriate action relating to a request for Council approval of an Interlocal Agreement with Tulsa County for street improvements. Mr. Carr Attachment #20 Staff will recommend Council approve an Interlocal Agreement with Tulsa County for pavement overlay projects in Three fakes Industrial Park, Three Fakes Village, and the Village of Silver Creek and authorize the Mayor to execute all necessary documents. 21. Consideration and appropriate action relating to a request for Council approval of final payment and acceptance of the FY03 -04 Street Repair Project. Ms. Stagg Attachment #21 Staff will recommend Council accept the FY03 -04 Street Repair Project, release of retainage and authorize final payment to Magnum Construction, Inc. in the amount of $9,417.29. 22. Report from City Manager. 23. Report from City Attorney. 24. Report from City Councilors. I I A, Ildtls (ounci (." 4 n; 11,114 f- Owasso City Council March 16, 2004 Page 8 25. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda.) 26. Adjournment. H \eCnd, ii do, M11- OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, March 2, 2004 The Owasso City Council met in regular session on Tuesday, March 2, 2004 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, February 27, 2004. ITEM I. CALL, TOO RDER Mayor Cochran called the meeting to order at 6:31 p.m. The invocation was offered by Jim Schnorrenberg, Family Minister of the First Christian Church of Owasso. ITEM 3. FLAG SALUTE Police Chief Dan Yancey led the flag salute. PRESENT ABSENT Gary Cochran, Mayor Susan Kimball, Vice Mayor Steve Cataudella, C-c-ancilor Brent Colgan, Councilor Craig Thoendel, Councilor A quorum was declared present. STAFF Rodney J. Ray, City Manager Ronald Cates, City Attorney Mayor Cochran introduced several representatives of the Youth Advisory Program. ITEM 5. CHARACTER INITIATIVE Mr. Rickey Hayes, Director of Economic Development, introduced 'Character', the qualities built into an individual's life that determines his or her response, regardless of circumstances. Owasso City Council March 2, 2004 ITEM 6. EMPLOYEE OF THE MONTH Mr. Ray introduced Joe Wakley, a member of the Owasso Fire Department, as the City of Owasso Employee of the Month for March, 2004. ITEM T CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR APPROVAL OF THE CONSENT AGENDA. A. Approval of Minutes of the February 17, 2004 Regular Meeting. B. Approval of Claims. C. Action relating to Ordinance No. 774, an ordinance approving the annexation request of the Dominion Corporation, as made in application number OA 04- 01, of approximately 19.75 acres, more or less, subject property is located in the northwest comer of East 66t" Street North and North 1291h East Avenue, and repealing all ordinances or parts of ordinances in conflict herewith. E. Action relating to Ordinance No. 776, an ordinance approving the closure of a 10' utility easement in the Coffee Creek addition between lots 10 & 11 on block 3 per request of Bob Jones of Chamey & Buss, and repealing all ordinances or parts of ordinances in conflict herewith. F. Action relating to the designation of the Mayor as the City's Certifying Officer as provided for by the National Environmental Policy Act of 1969 for the purpose of assuming overall responsibility for the Environmental Review Process for #10997 CDBG 03, Small Cities Grant. G. Action relating a finding of "No Significant Impact on the Environment" will occur as a result of the #10997 CDBG 03 program activity. H. Action relating to Council authorization for the Mayor to execute an Environmental Certificate and Request for Release of Funds for Project #10997 CDBG 03. 1. Action relating to an "Antidisplaccment Plan" for Project #10997 CDBG 03. 11 Owasso City Council March 2, 2004 J. Action relating to Resolution #2004-02, a resolution committing up to $67,132.00 as leverage from the City of Owasso, Oklahoma to Project #10997 CDBG 03. Mr. Cataudella moved, seconded by Mr. Colgan, to approve the Consent Agenda with claims totaling $170,047.81 and payroll claims totaling $413,467.89 (including one-time payment to employees made on 2/19/04). YEA: Colgan, Cataudella, Kimball, Thoendel, Cochran NAY: None Motion carried 5-0. ITEM 8. REQUEST FROM MR. CLAYTON MCMARTIN TO ADDRESS THE CITY COUNCIL. Mr. McMartin was unable to attend due to a family emergency. ITEM 9. REQUEST FROM MS. DIANE BERRYHILL TO ADDRESS THE CITY COUNCIL. Ms. Berryhill addressed the Council on the subject of stormwater drainage in the area of 12525 E. 84th Street North. Mayor Cochran directed Mr. Ray to do further research on stormwater problems in this area and report back to the Council. ITEM 10. CONSIDERATION AND APPROPRIATE ACTION RELATING TO COUNCIL ACCEPTANCE OF THE EMERGENCY MANAGEMENT PERFORMANCE GRANT AND A SUPPLEMENTAL APPROPRIATION TO THE EMERGENCY PREPAREDNESS DEPARTMENT. Mr. Rooney presented the item. Ms. Kimball moved, seconded by Mr. Cataudella, to accept the Emergency Management Performance Grant, authorizing the Mayor to execute associated contract documents, and to approve a supplemental appropriation to the Emergency Preparedness Department of the General Fund, increasing revenues and expenditures by $5,000.00. YEA: Colgan, Cataudella, Kimball, Thoendel, Cochran NAY: None Motion carried 5-0. I Owasso City Council March 2, 2004 ITEM I I. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR COUNCIL APPROVAL OF A SUPPLEMENTAL APPROPRIATION TO THE POLICE SERVICES DEPARTMENT. Chief Yancey presented the item. Mr. Cataudella moved, seconded by Mr. Colgan, to approve a supplemental appropriation to the Police Services Department of the General Fund, increasing revenues and expenditures by $2,514.00. YEA: Colgan, Cataudella, Kimball, Thoendel, Cochran NAY: None Motion carried 5-0. ITEM 13. REPORT FROM CITY ATTORNEY ff=- Ms. Kimball commented on last week's Tulsa World articles wherein National Steak and Poultry announced expansion in the Owasso area and Target announced the possibility of a new Target store built in the Owasso area. Ms. Kimball commended Mr. Ray and his staff for their team effort in working with both these coy rpanies. Ms. Kimball also commented that the visits with the Vanguard group were quite successful. ITEM 15. NEW BUSINESS a, =41 ITEM 16. ADJOURNMENT. Ms. Kimball moved, seconded by Mr. Thoendel, to adjourn. YEA: Colgan, Cataudella, Kimball, Thoendel, Cochran NAY: None Motion carried 5-0 and the meeting was adjourned at 7:05 p.m. M Owasso City Council Pat Fry, Minute Clerk March 2, 2004 Cary Cochran, Mayor CITY OF OWASSO YEN D &� ��Q� TREASURER PETTY CASH CITY MGR EXPENSES 65548 OFFICE DEPOT SUPPLIES . 89.89 SAV-ON PR|NT|NG PRINTING 40.00 OFFICE DEPOT OFFICE SUPPLIES 25.59 OK MUNICIPAL LEAGUE SUBSCRIPTION 15.00 FUELMAN FUEL 78.32 SAMSCLU8 K8A|NTSUPPL|ES 9]8 AT&T WIRELESS SERVICES PHONE USE-RAY 13.16 OKLA TRANSPORTATION AUTHORITY PIKE PASS 33.05 TREASURER PETTY CASH FUEUPARK|NG 28.13 TREASURER PETTY CASH MEETING EXPENSE 7.00 THE TRAVELING GOURMET MEETING EXPENSE 42.00 TREASURER PETTY CASH MEETING EXPENSE 78.59 VVAL-MART CDMMUN|TY SUPPLIES 22.02 TREASURER PETTY CASH COUNC|LMEET|NG-OKC 84.75 TREASURER PETTY CASH EMPREC(}GN|T|DN 25.00 SNOWS FURNITURE OLD CENTRAL 354.00 MANAGERIAL DEPT TOTAL i.610.74 SAV-ON PR|NT|NG PRINTING 40.00 FINANCE DEPT TOTAL 40.00 XPEDX COPY PAPER 227.50 OFFICE DEPOT OFFICE SUPPLIES 47.27 C|NTASC[]RP(}RAT|0N MAT SERVICES 27.90 BEST WESTERN LODG|NG-DR. KEN EASTMAN 02.00 GRAY, STEPHEN P.PC ATTORNEY AJLAW LEGAL SERVICES-KEYS 3.902.95 OGU BUSINESS EXTENSION PRESENTATION ' 1.405.00 AMERICAN WASTE CONTROL REFUSE SERVICE , 114.00 AEP/P8D 02/04 USAGE 1.803.25 WORLD PUBLISHING COMPANY EMPLOYMENT ADS 18720 DAILY AND SUNDAY OKLAHOMANCLASSIFIED EMPLOYMENT ADS 120.45 NEIGHBOR NEWSPAPER EMPLOYMENT ADS 825 AT&T WIRELESS SERVICES PHDNEUSE-C/TES 13.17 SOUTHWESTERN BELL 02/04PLEXAR 104.17 FEDEX POSTAGE 55.37 MESO RANDOM TESTING 300.00 ANZSIGNS BANNERS 815.00 INTEGRITY FOCUS CONSULTING 1.250.00 CHARACTER FIRST! MONTHLY BULLETINS 345.33 TREASURER PETTY CASH CHARACTER MEETING 9.77 OK MUNICIPAL LEAGUE ANNUALDUE8 305.00 TREASURER PETTY CASH LICENSE TAGS 58.00 GENERAL GOVERNMENT DEPT TOTAL 11.321.58 OFFICE DEPOT OFFICE SUPPLIES 108.16 UNIVERSAL MAP MAP 217.00 0EN�� �K�_N T CITY GARAGE CITY OFOVVASSO VEH|CUEMANT 883.81 FUELyWAN FUEL 187.17 THE TRAVELING GOURMET MEETING EXPENSE 78.00 BURR KANNADY MILEAGE 32.44 BURR KANNADY INSPECTION SERVICES 290.00 TULSA COUNTY MIS DIAL UPSERVICE 40.08 AT&T WIRELESS SERVICES PHOI|r_'USE-WILES 3134 AT&T WIRELESS SERVICES REPLACEMENT PHONE-WILES 29.99 METROCALL 01/04 USE 28.48 OK CODE ENFORCEMENT MEK4BERSH|PDUES-MCCORD 25.00 COMMUNITY DEVELOPMENT DEPT TOTAL �'009.79 OFFICE DEPOT OFFICE SUPPLIES 07.72 CITY GARAGE CITY OF0VNSS[} VEH|CLEMA|NT 20.08 FUELK8AN FUEL 137.84 NATIONAL POWER WASH VEHICLE WASHING 15D0 METRO(Y\LL 01/04 USE 7.12 ENGINEERING DEPT TOTAL 248.36 VYAL-MART C(>k8K8UN|TY OFFICE SUPPLIES 59.34 OFFICE DEPOT SUPPLIES 99.74 CARD CENTER MA|NTSUPPL|ES 240.03 METROCALL 01/04 USE 7.12 TREASURER PETTY CASH MILEAGE-HOUGHTON 12.80 INFORMATION SYSTEMS DEPT TOTAL 418.83 OFFICE DEPOT OFFICE SUPPLIES 27.79 SAM3CLUB SUPPLIES 107.51 TREASURER PETTY CASH REPAIR SUPPLIES 9.50 CITY GARAGE CITY OFOVVAS8O VEH|CLEMA|NT 101.89 FUELyWAN FUEL ' 176.52 ROBERTSON PLUMBING SUPPLY PLUMBING SUPPLIES . 41.58 FLYNN'S PEST CONTROL PEST CONTROL 65.90 FUELMAN FUEL 199.67 K4ETROCALL 01/04 USE 7.12 US CELLULAR CELL PHONE USE 28.74 AT&T WIRELESS SERVICES PHONE USE 51.37 SOUTHWESTERN BELL 0204PLEXAR 192.86 SUPPORT SERVICES DEPT TOTAL 1'009.41 AEPYPSO 02/04 USAGE 15.00 CEMETERY DEPT TOTAL 15.06 VVAL-MART COK4K8UN|TY DISKETTES 7.47 US| LAMINATION POUCHES 34.71 ONYX CORPORATION TONER CARTRIDGES 54.95 VVAL,K4ARTCOMMUN|TY BATTER|ES/CLEAN|NG8UpPL|ES 53.44 SOMESUN|FORMG MEDALS/CITATIONS 211.00 PATRULTECHNOLOGY BATTERIES 52.00 LOVVESCOK8PAN|EG HARDWARE-THROW PHONE 110.34 VEND R DESCRIPTION AMQUNT LOWES COMPANIES MAINT SUPPLIES 21.94 SOUTHERN AGRICULTURE CANINE FOOD 32.99 PATROL TECHNOLOGY HANDCUFFS 34.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 4,136.27 FUELMAN FUEL 3,311.44 STAMPER, HOWARD RETAINER 150.00 CITY GARAGE CITY OF OWASSO VEHICLE MAINT 30.62 AEP /PSO 02/04 USAGE 1,145.01 KUSTOM SIGNALS RADAR REPAIR 190.51 YALE CLEANERS UNIFORM CLEANING 1,533.86 METROCALL 01/04 USE 135.34 CINGULAR WIRELESS PHONE USE 213.47 AT &T WIRELESS SERVICES PHONE USE- YANCEY 108.82 SOUTHWESTERN BELL 02/04 PLEXAR 39.65 INDUSTRIAL SPLICING TOW CHAIN 207.00 LOWES COMPANIES CAMERA CASE 24.96 APERTURES DIGITAL CAMERAS /CARDS /BATTERY 1,164.99 POLICE DEPT TOTAL 13,004,78 ONYX CORPORATION TONER CARTRIDGES 159.90 WAL -MART COMMUNITY PRISONER MEALS 185.62 METROCALL 01/04 USE 7.09 DEPT OF PUBLIC SAFETY OLETS RENTAL 350.00 POWERPHONE TRAINING-ALLEN 189.00 TREASURER PETTY CASH MILEAGE-ALLEN 83.16 POLICE COMMUNICATIONS DEPT TOTAL 974,77 WAL ®MART COMMUNITY SHELTER SUPPLIES 67.91 LOWES COMPANIES HARDWARE -HOSE REPAIR 55.52 ALLIANCE MEDICAL RUBBER GLOVES 73.95 LOWES COMPANIES MAINT SUPPLIES 47.76 HILLS PET NUTRITION SHELTER SUPPLIES 86.50 SAMS CLUB SUPPLIES 93.30 FUELMAN FUEL 57.24 CITY OF TULSA DEPT OF FINANCE EUTHANASIA SERVICES 68.00 STRATHE VETERINARY VET SERVICES 208.25 THREE LAKES LAUNDRY BUNDLE LAUNDRY 63.40 AEP /PSO 02/04 USAGE 434.36 METROCALL 01/04 USE 14.24 SOUTHWESTERN BELL 02/04 PLEXAR 39.62 DOG FANCY SUBSCRIPTION 21.97 ANIMAL CONTROL DEPT TOTAL 1,332,02 LOWES COMPANIES MAINT SUPPLIES 20.58 LOWES COMPANIES DISHWASHER/INSTALLATION 255.00 EVE HANDLE 14.73 YALE CLEANERS UNIFORM RENTAL 293.84 CROW BURLINGAME PARTS 75.37 OWASSO AUTO CARE & MAINT EXHAUST 120.00 TOTAL RADIO RADIO /HEADSETS 119.10 VEND U� CRUSHER RUN £�� NT TOTAL RADIO RADIO/HEADSETS 1.390j0 FUELMAN FUEL 903.00 AEFYPSO 02/04 USAGE 72077 AT&T WIRELESS SERVICES PHONE USE-CHIEF 117.63 6M| SYSTEMS DPTULSA COP|ERMA|NT/LEASE 184.88 K|NKO'S, MOUNTING 128�95 METROCALL O104 USE 9.28 SOUTHWESTERN BELL 0204PLEXAR 180.03 OVVASSOF|TNESS ZONE EQUIPMENT USE 225.08 MATT MORTON PER DIEM 175.00 OKLAHOMA TRANSPORTATION AUTHORITY PIKE PASS 10.30 NATIONAL POWER WASH FIRE DEPT TOTAL 4.954.46 ANCHOR STONE CO CRUSHER RUN 168.91 A&A MATERIALS CO. ASPHALT 842.17 BROWN FARMS SOD SOD 50.00 RAINBOW CONCRETE CO CONCRETE 1.897.50 MILL CREEK LUMBER &SUPPLY REPA}R/K3A|NTSUPPL|ES 29.65 UN|F|RSTCORPOR/Q'|ON UNIFORM RENTALS 81.10 GEORGE & GEORGE SAFETY PROTECTIVE CLOTHING 28.01 TULSA COUNTY BOCC TRAFFIC STREET SIGNS 50.38 PAVEYS PAINT & BODY SHOP VEHICLE BODYWORK 1.000.00 CITY GARAGE CITY DFOVVASSO VEH|CLEK8A|NT ' 605.59 FUELMAN FUE:L ' 491J9 AEFVPGO 02,T4 USE 838.74 NATIONAL POWER WASH VEHICLE WASHING 20.00 S|GNALTEK S|GMAL|ZAT|0N 1.521.20 BEE LINE TRAFFIC CONTROL TRAFFIC SIGNAL REPAIR 750.00 METROCALL 01/04 USE 58.96 US CELLULAR CELL PHONE USE 32.04 SOUTHWESTERN BELL 02/04PLEXAR 23.40 MAGNUM CONSTRUCTION STREET REPAIR 22.500.00 ROCKET CONSTRUCTION SERVICES SIDEWALK 23.450.00 ROCKET CONSTRUCTION SERVICES SIDEWALK REHAB 11/4/03 3.091.80 VANCEBRD8 VVALK,8EH|NDSAVV 8.000-00 STREETS DEPT TOTAL 65.933.36 PANNELUASS(}C|ATES PLUMBING SUPPLIES 125.95 TULSA COUNTY BOCC SIGNS 25.38 ANCHOR STONE CO RIP RAP 24.16 BAILEY EQUIPMENT WHEEL BEARINGS 20.00 MURPHY SANITARY SUPPLY HANOSOAP/D|SPENSER 50.00 VENDOR DESCRIPTION AMOUNT WATER PRODUCTS VALVE FOR SPORTS PARK 263.78 LOWES COMPANIES SIGN CONSTRUCTION SUPPLIES 58.03 ATWOODS MAINT SUPPLIES 1.70 UNIFIRST CORPORATION UNIFORM CLEANING 33.44 (CITY GARAGE CITY OF OWASSO VEHICLE MAINT 118.76 FUELMAN FUEL 168.90 AEP /PSO 02/04 USE 543.20 METROCALL 01/04 USE 21.36 SOUTHWESTERN BELL 02/04 PLEXAR 72.30 NATIONAL REGISTRY OF EMTS PARKS DEFT TOTAL _'__ 1,532.96 CHARACTER FIRST! MONTHLY BULLETINS 70.00 LOWES COMPANIES REPAIR/MAINT SUPPLIES 292.22 WAL -MART COMMUNITY REPAIR/MAINT SUPPLIES 292.68 FUELMAN FUEL 27.75 OFFICE DEPOT OFFICE SUPPLIES 293.73 AEP /PSO 02/04 USE 451.65 SOUTHWESTERN BELL 02/04 PLEXAR 63.68 COMMUNITY CENTER DEPT TOTAL 1,491.71 AEP /PSO 02/04 USE 48.38 SOUTHWESTERN BELL 02/04 PLEXAR 20.47 HISTORICAL MUSEUM TOTAL 68.85 GENERAL FUND TOTAL 107,131.72 OFFICE DEPOT OFFICE SUPPLIES 52.13 PACE PRODUCTS AMBULANCE SUPPLIES 200.00 ALLIANCE MEDICAL AMBULANCE SUPPLIES 745.71 MEDICAL COMPLIANCE SPECIALITY BIO -WASTE DISPOSAL 74.00 ALLIANCE MEDICAL AMBULANCE SUPPLIES 31.26 GALLES JEFFERY DO. EMS AUDITS 250.00 AT &T WIRELESS SERVICES PHONE USE - OTHERS 62.92 OK STATE DEPT OF HEALTH EMERGENCY INTERMEDIATES 60.00 OK STATE DEPT OF HEALTH EMERGENCY PARAMEDICS 160.00 NATIONAL REGISTRY OF EMTS INTERMEDIATES 60.00 NATIONAL REGISTRY OF EMTS PARAMEDICS 160.00 AMBULANCE SERVICE FUND TOTAL 1,856.02 TOTAL RADIO MAINT CONTRACT 675.00 E-911 FUND TOTAL 675.00 SAVAGE.SHARALEE ME8HEK&ASSOCIATES BENHAM COMPANIES ATKINS AMERICAS DELL MARKETING WILSON HEATING &A|R BECC000NTRACTOR8 ATC FREIGHTLINER ROCKET CONSTRUCTION SERVICES DDERNERSAUNDERS.DAN|EL&ANDER8DN PPDSOLUT|ONS UNITED SAFETY & CLAIMS TULSA ORTHOPAEDIC ASSOCIATES TULSA H|LLCREST EMERGENCY PHY3 JPSSURG|CAL TULSA ORTHOPAEDIC ASSOCIATES JOINT ACTIVE SYSTEMS ORTHOPEDIC HOSPITAL OFOK NEUROSURGERY B|SCHDFF. JAMES F..MID MOZ|NGO. WILLIAM C/O CATHLYN MILLS HIS ATTY OVVAS3O PHYSICAL THERAPY CLINIC DESCUPTION AMOUNT TOBACCO PREVENTION CLASS 75.00 JUVENILE COURT FUND TOTAL 75.00 ===== ENGINEERING SERVICES 772940 FAIRWAYS DRAINAGE 727.50 STORK0VVATER§8GMT FUND TOTAL NETWORK SN|TCH/NOTEBOOKCOMPUTER 1,844.33 HEATERS 7,110.08 88TH'129 EAVE/145EAVE 90577.17 CAP[TALIKdPROEK0ENTS FUND TOTAL 1D8, 532. 12 FIRE TRUCK 0S1003 20 FIRE CAPITAL FUND TOTAL 21 SIDEWALK REHAB 11/4N3 3,691.80 CAPITAL PROJECTS GRANTS FUND TOTAL 3,691.80 OFFICE SUPPLIES 20.21 REPAIFIMANTSUPPUES 400.56 SUPPLIES 4.77 REPAIR PARTS 21.33 REPAIR PARTS 61.82 TOWING CHARGE 50.00 REPAIR PARTS 20.24 REPAIR PARTS 1.753.07 REPAIR PARTS 30320 TIRES 300.72 REPAIR PARTS 311.20 TIRES . 310.90 PIKE PA36 3.30 02/04 USE ' 508.59 01/04 USE 14.24 CELL PHONE USE 2875 02/04PLEXAR 39.01 CITY GARAGE FUND TOTAL 4.2-22.17 ===== LEGAL SERVICES 27408 MEDICAL REVIEW FEES 05.61 THIRD PARTY AOM|N 1.417.67 K811O7O 58.00 L12073 140.39 C11213 50.00 Ml 1070 428.52 Y08133 700.00 Y08133 2.258.02 J08172 52.04 G12173 51.12 K411070 28.93 G02134 12128 CARRIER, DENNIS ALLEN, RICHARD PAVEYS PAINT & BODY SHOP DESCRIPTION AMOUNT M091 10 480.92 R01 064 10325 E01274 200.02 1-12073 58.80 P10143 113.80 R01084 56.80 Y08133 304.20 Y06133 9820 Y86133 44047 C11213 60.55 Y08133 2.109.82 TTDPAYN1ENTS 200.08 TTDPAYK8ENTS 260.08 TTD PAYMENTS 289.08 WORKERS COMP FUND TOTAL 1063086 ��� TORT CLAIM 400.10 TORT CLAIM 95.00 VEHICLE BODY WORK 318.20 SELF INSURANCE FUND TOTAL 816.38 ===== GRAND TOTAL 456,087.95 CITY OF OWASSO GENERAL FUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING DATE 3/6/04 Qcl 3 ®,i1 2 $326 �64,,- A7 engraf Fund: -T, 1 Emerqencv 911 Fund Community-Senior Center 0.00 4,232.85 Qcl 3 ®,i1 2 $326 �64,,- A7 engraf Fund: -T, 1 Emerqencv 911 Fund TO- HONORABLE MAYOR AND COUNCIL CITY OF OWASSO FROM- ANA STAGG, P.E, ENGINEERING 0 ECT MANAGER SUBJECT: ACCEPTANCE OF DRAINAGE SYSTEM OWASSO PROFESSIONAL SQUARE DATE- March 129 2004 The subject commercial property is located on East 96'h Street North approximately 0.5 mile west of Mingo Road (see attached location map). Design for storm drainage system was reviewed and approved in June 2003. Construction was inspected by the Public Works Department. Q �1" t�v ' Final inspection for the storm drainage system was conducted on December 129 2003. All items identified at the final inspection requiring correction to meet city standards have been completed. An As-Built topographic survey of the storm water detention facility has been reviewed by Public Works and conformance with the approved design has been verified. The construction contractor has provided the required one-year maintenance bond for the storm drainage system (see attached). Staff recommends Council acceptance of the Owasso Professional Square storm water drainage system. ATTACHMENTS: A. Location map B. Detention Pond Survey C. Maintenance Bond 1 0 LOCATION MAP MARCH, 2004 0 T or_," 2`1 d url mt M OkJohoma Registered Lund Surveyor #1,3-pp CA#3932 (CA) Expires 06/30/05 SUMWOR D. GOSS & ASSOCIATES, L 09 CA $ OU Rzp. 6-30-05 P.O. Box 01-6 COUIDOWMe. OK 74021-216 ale- M-0m ATTACHMENT C MAINTENANCE BOND — CITY OF OWASSO BONDNO. 195301 ::E16 -5. 0 0 KNOW ALL MEN BY THESE PRESEMS, That we .,MSB CONSTRUCTION, INC. P. 0. Box 9505, S. 4090 Rd. Oo1ocrah, OK 740 rinafter called Principal) WHEREAS, the Principal entered into a contract with Nationall"'Coistruction Services, LLC dated Nov. 4, 2003 for improvements described as follows Owasso Pro i-e-s--s-i-o-n-a-I-Square Phase I - Storm Water ImrDrov-ments, Hydrant Underground Loon Lines per Construct:' ( 111 Ed-H Location: 10229 E. 96th St. N., Owasso, Oklahoma and, MTlEREAS, the Obligee requires that this bond be executed on or before the final completion and acceptance of said improvements, and WBEREAS the contract was completed and accepted on the -day of December 2003 QGNED, SEALED AND DATED TMS 10 th DAYOF December 2003 Principal: MSB CONSTRUCTION, INC. WIN M TO: THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO ® ERIC WILES COMMUNITY DEVVLOPMENT DIRECTOR SUBJECT: CDBG CLOSEOUT SIDEWALK IMPROVEMENT PROGRAM — FY 101 DATE: February 20, 2003 By virtue of its size, the City of Owasso receives $67,132 in Community Development Block Grant (CDBG) ftmds each year, contingent upon the approval of the gTant application that the City must C yearly. The Oklahoma Department of Commerce (ODOC) administers these ftmds as part of its "Small es set-aside progranf'. Currently, the City is using this money to improve sidewalks in an area between 7e' Street and 8e Street, from Flighway 169 west to Atlanta Street. The FY '01 project saw the completion of sidewalk construction, sidewalk repairs, ADA namp construction, and the elimination ot wipping hazards. The work was performed along several streets in the tnet are& Specifically, the construction was performed on Broadway, Birch, Cedar, 3 rd 4 th 6 th t and I I t Streets. The attached map illustrates the projects more clearly. The total cost of the 2001 project was $134,264. $67,132 of this cost was covered by the grant, and $• 7,132 was paid by the City as the matching requirement. The FY '01 CDBG project has been completed. Now, closeout documents for the project need to fa;i prepared and submitted to ODOC. In order to make the submittal official, the city council mus) authorize the completion of the closeout documents and authorize the Mayor to execute them. A final requirement for the closeout of the project is that the City Council hold a public hearing to invite and hear any citizen comments regarding the work that was performed under the grant. It is anticipated that this public hearing will be combined with a public hearing for the FY '04 project, in fit qnjal �WWM A T h e staff recommends Council a u t h o r i z a t i o n of t h e J o execution of all closeout documents related to 10286 CDBG 01, Small Cities Grant for transmittal to the Oklahoma Department Sf Commerce. Further, the staff recommends that the Council hold a public hearing to invite citizen comment on th* work that was completed under the 10286 CDBG 01 grant. 1. Map showing locations of CDBG'01 projects 2. Closeout documents IY 2008 CDOG ADA SIDEWALK NEW SMENALK ® REHABILITATION PROJECT ® _ r ^au. ®_� -0w- 06MZALL PLAN PRO= NLNANM ow Attachment I Page I of 9 CDBG 2003 1,0010 Wit I Contractor Name and Address: City of Owasso P.O. Box 180 Owasso, OK 74055-0180 Preparer/Contact Person: Andy Armstrong * 1. Final Expenditure Report (CD or ED) * 2. Contract Closeout Certification * 3. Program Beneficiary Report * 4. Proof of Second Public Hearing * 5. Final Wage Compliance Report NA 6. Proof of Insurance * 7. Board Minutes Accepting Completed Project * 8. Final Engineering Inspection Report FOR ODOC USE ONLY Reviewer Financial Review Initials Date Initials Date Initials Date Program Review Initials Date Initials Date Team Leader Initials Date Fiscal Division Review Initials Date Total Contract Total Accrued Expenditures Balance Deobligated Contract Number: 10286 CDBG 01 Contract Period: From: 5-7-02 To: 4-1-05 Telephone: (918) 58447526 1, as authorized representative of the Contractor listed above, hereby submit the documents listed as required by the terms ofthe contract. Authorized Representative Match Total S:forms/closeoutW 11IlI.A�I FWJ& I 'Wit Name of Contractor City of Owasso Attachment I Page 2 of 9 S:fbrms/c1oseout03 Interest Reconciliation Total Interest Earned Total Interest Expended $ Balance of Unexpended Interest A B C Line Item Budget 101061 Code Total Budget Remaining Expenditures Balance 1. PLANNING 551020 2. ENGINEERING 551030 3. ARCHITECTURE 551031 4. INSPECTION 551032 5 HOUSING REHABILITATION 551040 6 ACQUISITION & DISPOSITION 551050 7. CLEARANCE/DEMOLITION 551070 8. UTILITIES 551080 9. WATER SYSTEM 551090 10. SEWER SYSTEM 551091 11. SOLID WASTE 551100 12. AMBULANCE 551161 13. FIRE PROTECTION 551160 14. HANDICAP 551044 15. COMMUNITY FACILITY 551110 16. SENIOR CITIZENS CENTER 551112 17. PARKS 551150 18. STREETS 551180 19. FLOOD & DRAINAGE 551190 20. OTHER (SIDEWALKS) 551210 67,132.00 67,132.00 -0- 21. SUB-TOTAL (1 THRU 20) 67,132.00 67,132.00 22. DIRECT GRANTEE ADMIN 551018 -0- -0- -0- 23. PUBLIC FACILITIES ADMIN 551010 -0- -0- -0- 24. TOTAL ADMIN (22 + 23) -0- -0- -0- 25. TOTAL CDBG COSTS (21 + 24) 67,132.00 67,132.00 -0- 26. TOTAL MATCH FUNDS 555230 67,132.00 67,13200 -0- 134,264.00 134,264.00 T -0- G TOTAL RAND S:fbrms/c1oseout03 S:fbrms/cIoseout03 Attachmej Page 4 Contractor: City of Owasso Contract Number; 10286 CDBG 01 CDBG PROGRAM BENEFICLARY REPORT — PROGRAM BENEFITS —units 7 Total Number Low- and White Not Black Not Amer. Indian Asian or Disabled Female PROGRAMACTIVITY Completed of Moderate- Hispanic Hispanic Hispanic or Alaskan Pacific Native Head c —Beneficiaries Income Native I._ Housing Rehabilitation 2. Housing Support 3. Rehabilitation — Rental Demo 4. Acquisition and DiTosition 5. Relocation 6. Clearance 7. Utilities 8. Water System 9. System 10. Solid Waste I 1,Community Facilities 12. Neighborhood Facilities 13. Senior Citizens Center 14. Other Facilities/Center 15. Removal of Arch. Barriers 16. Public Services 17. Code Enforcement 18. Recreation 19. Fire Protection 20. Parking 21. Streets (Sidewalks) 2,266 1,428 2,004 36 8-9 1-14 2-3 NA 9 22. Flood and Drain 23. ED — Facility Construction Loans 24. ED — Infrastructure Improvement 25. ED — Equipment/lnventq Loans 26. ED — Commercial Rehab. Loans 27. ED — Industrial Rehab. Loans 28. ED —Other NUMBER OF BENEFICL4RIES B Y CA TEGOR Y SHOULD BE PORTED FOR EA CH PROGRAMACTIHTY B UDGETED. S:fbrms/cIoseout03 Attachment 1 Page 5 of 9 ® RELEASE A. Pursuant to the terms of this contract and in consideration of the Total Accrued Expenditures referred to in Line B above which have been paid or will be paid to the Contractor, upon payment of any remaining balance to ODOC), the Contractor does hereby remise, release, and discharge the State of Oklahoma (ODOC), and their officers, agents, and employees of and from all liabilities, obligations, claims, and demands whatsoever under or arising from the performance of this contract. B. I understand that the Total Accrued Expenditures certified I-D above will become the final total obligated amount of this contract. This Closeout was completed by: Andy Armstrong Name of Preparer (918) 584 -7526 Phone Number INCOG — Manager for Community and Economic DeyLlopment Title of Preparer Signature of Preparer I Certify the information contained in this closeout is true and accurate to the best of our knowledge: Clerk / Accountant Chief Elected Official Sherry Bishop, City Clerk Gan Cochran, Mayor Typed Name and Title Typed Name and Title Date Date S:forms/closeoutW Attaebirnent I Page 6 of 9 Trd 11 Fit - , 1. Were any workers paid less than the specified Davis-Bacon rates that applied to this project? 0 Yes X No 2. If YES: a. What was the total amount of restitution paid? $ b. What was the method of restitution? (Attach additional pages if necessary.) 3. Were any workers not paid the correct overtime payments? D Y ,s X No b. Date Contractor was notified in writing of the amount of liquidated damages which could be assessed: c. Date the Contractor responded to the written notice: (must be within 30 days of the receipt of notification): d. Did the Contractor seek a reduction or waiver of the liquidated damages? ❑ Yes ❑ No S:forins/closeoutO3 e. If YES: Was the requested approved and for what 0 Yes - Reduction. 0 Yes - Waiver. f On what grounds was HUD's or USDOL's response based? g. Total amount of Liquidated Damages paid: $__ h. Vvqiat was the method of payment of the Liquidated Damages? El Paid by the Contractor 0 No. Attachment 1 Page 9of 9 El Paid by the City/Town with funds withheld from payment to the Contractor. i. Did the Contractor appeal the final decision to assess Liquidated Damages to the Wage Appeals Board? 0 Yes 0 No j. Attach copies of all correspondence relative to any Liquidated Damages. 5. If appropriate, attach a recommendation of and justification for sanctions against the Contractor. Submitted by: Signature Andy Armstrong® Typed Name Date Manager, Community & Economic Development Title S:fbrrns/c1oseota03 Attachment 1 Page 9of 9 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) Office of Community Development INSTRUCTIONS FOR COMPLETING CLOSE OUT DOCUMENTS All original signed documents including the Transmittal must be submitted within sixty days after the contract ending date or upon completion of the project whichever comes first. For Economic Development contracts, the project must h® complete and all jobs as set out in the application for funding must be created before the project can be closed out. All contracts with open loans are not considered closed out until the loans are paid in full, however, closeout documents must still be submitted to our office in accordance with the instructions above. Upon receipt of the final loan payment municipalities /counties that have previously submitted closeout documents accepted by our office will automatically be considered closed out. Municipalities /counties that have submitted closeout documents on projects with open loans will be eligible to apply for future funding. 1 a Final Expenditure Report: Enter the corrbct total expenditures by line item in the appropriate column. The Budget column must reflect the latest approved budget amounts for the contract. "Remaining Balance" is the budget less expenditures year-to-date. The interest reconciliation is for interest earned on deposits of CDBG funds only. Any unexpended interest must be returned to ODOC with the check made payable to HUD S:forms /c loseout03 OKLAHOMA DEPARTMENT OF COMMERCE (ODOC) Office of Community Development INSTRUCTIONS FOR COMPLETING CLOSE OUT DOCUMENTS CONTINUE, Attachment I Page 9of 9 4. Proof of Publication of Notice of Second Public Hearing: The municipality/County must attach documentation that a public notice was posted/advertised informing citizen of the second public hearing to be held. A copy of the hearing minutes must also be included. 50 Final Wage Compliance Report: Enter information on liquidated damages or wage restitution paid by the construction contractor. 6. Proof of Insurance: The grant recipient must attach proof of property coverage insurance for any aboveground facility built or renovated and/or for equipment purchased with CDBG funds. S. Final Inspection Report: The grant recipient must attach a certified copy of the final inspection report provided by the Engineer/Architect, indicating the project is complete and acceptable. (NOTE): if no engineer/architect services are utilized then it #7 will suffice. S:forms/c1oseow03 ME TO: THE HONORABLE MAYOR AND COUNCIEL CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR J, I DATE: March 4, 2004 By virtue of its size, the City of Owasso receives $67,132 in Community Development Block Grant (CDBG) funds each year, contingent upon the approval of the grant application that the City must make yearly. The Oklahoma Department of Commerce (ODOC) administers these fimds as part of its "Small Cities set-aside progranf'. To this point in time, the City has used this money to improve sidewalks in an area between 76�h Street and 8e Street, from flighway 169 west to Atlanta Street. The City of Owasso has begun the process of applying to ODOC for funding under the State's FY-04 CDBG program. The amount • funding would be $67,132. To receive this funding, the City must hold a public hearing to accept any recommendations from the public on community developmeni needs within the City of Owasso. Additionally, the City must submit a letter of intent to ODO* announcing that the City is proceeding with efforts to secure grant fimds for 2004. Should the funding be awarded, there would be a match requirement. The City would have to commit $67,132 in order to receive $67,132, bringing the total allowable project cost to $134,264. Annual CDBG funds can be used for a variety of projects within the eligible neighborhoods of the connnunity. A map showing the eligible area is attached with this memorandum Generally, the area currently includes census blocks located south of 76" Street, northeast of Elm Creek and southeast of the Owasso Expressway/8e Street interchange, and in the Main Street area south of Fourth Street. It should be noted that additional areas were included in previous CDBG projects (such as the Main Street area North of Fourth Street), and could be included in future CDBG projects, but for each project that affects those areas, a new income survey must be performed. Thus, that area is not shown � =!� ll�li����il�����ili�l��li���il��li� RIF 1, man= Two general types ®f projects are eligible f ®r CD BG handing — community development projects and economic development projects. Examples ®f coinmunity development projects include sidewalks, street improvements, and projects that increase Iwidicapped accessibility to community facilities. E xatmples ofeconornic developrrient, projects include waterlines and sewerlines. RECOMMENDED SCOPE OF PROJECT: The purpose of the public hearing will be to receive recornmendations and any citizen input on community development needs within the City of grass® for the FY ®0 prqJject. The public hearing must be held to satisfy the requirements of the CDBG program for FY-04. No acti ®n is required f ®r the public hearing. The purpose of the letter of intent is to officially announce to the Oklahoma Department of Commerce that the City of Owasso is interested in participating once again in the CDBG Small Cities Set Aside Program. I . Map of project eligible neighborhoods 2. Drawing of proposed restroom 3. Map of proposed sidewalks 4. Letter of intent 5. Public Hearing Notice o 0 1-0 o C) 0 UMM90 goo Z C) 4,0 R x K) CL o (D -% U) 0 o U) CL 0 0 1-0 o C) 0 UMM90 goo Z C) 4,0 R x K) CL o (D -% U) 0 o U) SIDE ELEVATION NOTE: LXQMS, WALKVAYS AND RAMS ME 'FO BE StMIED NM NSTALLEM BY OTFERS AS REQUIRED TO MEET LOCAL KqaICAp RZOUIREA ENTS. END ELEVATION l -- - -- UTILITY a4A-;F: Ar tj 2 2 6 6 10 3 1 1 2 2 6 6 2 2 2 1 32 1 I STANDARD BUILDING WERIAL LIST MODEL J -CO-STO 7115, um Mw=wm mp 4 M ODEL: DW86-2432 N HUN 171 n _.iF . SEE SHEETS 9 -90 FOR 5 wix AND PAMP DUALS E�� � MM I W | ' / El V Fu 7711 froan Skattepark to Main ST From Mat—n-ST to 4th Ave FMOWMT�Me- to 3rd Ave El V Fu I I I North Main PO Box 180 Owasso, OK 74055 March 169 2004, QA_9��w�as�s oA Mr. Scott Myers Division of Community Affairs and Development Oklahoma Department ®f Commerce P.O. Box 26980 Oklahoma City, OK 73126-0980 (918) 376-151, FAX ((918) 376-15 The City of Owasso would like to participate in the FY 04 CDBG Small Cities Set Aside Program. We have received the Application Guidelines information related to the FY 04 Small Cities Program and understand that $66,450 has been reserved for the City of Owasso. Sincerely, 1 grill 01� IWITMORM, 00 AIRTR mg I 'T. We of the City 3 to 4 blocks east and west of Main Street between 76 Street North and 86,h Street North. Posted- .4 h. ary Date Community Development Director MEW TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF *WASSO P -V ROM: E RIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT. MAIN STREET IMPROVEMENTS MEMORANDUM FROMTHE OWASSO ECONOMIC DEVELOPMENT AUTHORITY DX E: March 10, 2004 !MT", 90' at the comcil's work session. The recommendations are included in the OEDA memorandum and are shown as follows: 7-he OEDA recommends that the City Council adopt this report as a as concept for /I t/ rede for inducin-aprivate investors to improve the Main Street area 1. The OED,4 recommends that the City Council relocate overhead utility lines undergrou along Main Sireetftom e Street to 7e Street North, and that the streetfights along tp same section of road be replaced by pedestrian-oriented theme lighting. Further, 'I OEDA recommends that the City Council pursue the acquisition of land along the Mfa Street corridorfor the purposes of developing a town square. 2. The OEDA advises the City Council that the OEDA and municipal staff will continue to research the benefits, issues, and possibilities of creating an Urban Renewal Authority, with the intention that the OEDA will forward a future recommendation to the Council concerning whether or not it would be advantageous to create a Main Street Redevelopment Authority. The purpose of this memorandum is to provide explanation and clarity to these recommendations. The introductory part of the OEDA recommendation refers to the investment of pilblic funds and to the inducement Qf privJte investment. Together with tq•eted development standards designed to protect EM FROM. Mw"M CITY OF OWASSO MEMBERS OF THE ONVASSO ECONOT-11C DENTLOPMENT AU77HORITY. ZIN anm Vow J, , , XMIXEMMU 101"'1 1, MW 7101 A major priority in the development of Owasso is improving the vitality of the Main Street area. Over the years, the Main Street neighborhood has become increasingly underatilized. The street lacks an identity and a vision. This situation presents an opportunity for the City to improve the Main Street area and create a vital core for the community to identify with and enjoy. As a result of the passage of Tulsa County's Visioning 2025 initiative in September, the City of Owasso will receive an estimated $1.2 million. Tulsa County has restricted the use of these fimds to improving downtown areas and neighborhoods. A plan for the spending of this money must be in place by June 3e. In order to effectively create and implement a plan for improving the Downtown area, the City must have a development concept and vision that clearly defines not just the individual projects, but also the philosophy that will drive the various decisions leading up to implementation. Once the alternatives are listed and studied, they should be prioritized and implemented according to factors such as cost-effectiveness and desirability among property owners. • examination of the prioritization results reveals interesting potential pairings among the four projects that were ranked the highest. For example, relocating utilities underground would leave a requirement for a new method of street fighting. This necessary street lighting could be a part of the streetscgping project, as the existing high lights powered by overhead fines on wooden poles could be replaced by theme lighting. Also, land acquisition could be a logical first step in creating a town if the City Council accepts the redevelopment options that have been selected and prioritized, the projects will be scheduled . Cost requirements will be studied and the available funds will be allocated according to the priorities. PRWATE INWSTMENT - URBAN RENEWAL: The OEDA has asked the staff to continue to research aspects of the costs and benefits of forming an Urban Renewal Authority in order to determine whether the formation of a URA could prove valuable to 6e 0 The OEDA recommends that the City Council adopt this report as a base concept for Downtown redevelopment and as a plan of action for investing public funds to improve the Main Street area and 11A Ik 1. The OEDA recommends that the City Council relocate overhead utility lines underground along Main Street from 0 Street to 7d" Street North, and that the streetlights along that same section of road be replaced by pedestrian-oriented theme lighting. Further, the OEDA recommends that the City Council pursue the acquisition of lJnd along the Main Street corridor for the purposes of developing a town square. 2. The OE DA advises the City Council that the OEDA and municipal staff will continue to research the benefits, issues, and possibilities of creating an -Urban Renpwal Authority, with the intention that the OEDA will forward a fut-ure recommendation to the Council concerning whether or not it would be advantageous to create a Main Street Redevelopment Authority. IN 9 I U&NNUT-Iff W1, TO: RODNEY RAY CrrY OF OWASSO FROM- EIRIC WELES COMMUNITY DEVELOPMENT DIRE CTOR SUBJECT. MAIN STREET REDEVELOPMENT REPORT TO OEDA DATE- October 7, 2003 A major priority in the development of Owasso is improving the vitality of the Main Street area. Over the years, the Main Street neighborhood has become increasingly unsightly and underutilized. The street lacks an identity and a vision. 1. First, a vision must be developed, forming a consensus among property owners along Main Street and community business leaders. How do we want Main Street to develop? What kinds of uses belong along Main Street? The staff is coordinating regular meetings to form a vision that the City can present to the property owners and business leaders for consideration in the spring. IV. Once the alternatives are Wed and studied, they will be prioritized and implemented according to factors such as cost-effectiveness and desirability among property owners. TO- THE HONORABLE MAYOR AND COUNCIL CITY OF OWASSO Y'Rom. ERIC WHES COMMUNITY DEVELOPMENT DIRECTOR DATE: January 7, 2004 - - ---------- A major priority in the development of Owasso is improving the vitality of the Main Street area. Over the years, the Main Street neighborhood has become increasingly unsightly and underutilized. The street lacks an identity and a vision. As a result of the passage of Tulsa County's Visioning 2025 initiative in September, the City of Owasso will receive an estimated $1.2 million to spend on imprvg the Main Street area. A plan for the spending of this money must be in place by June 3e. The Owasso Economic Development Authority is an appropriate body to recommend priorities for redeveloping the Main Street area. Two special meetings of the ■EDA will be held in January to consider specific projects for the improvement of Main Street. The OEDA will be asked to make a recommendation to the City Council with specific projects prioritized for the redevelopment. Once the redevelopment options have been selected and prioritized, they will be scheduled. Cost requirements will be stu£:!z 4 ?1» / \r« funds will be allocated according to the priorities. 'All"I [on, WHILITW011 1. Map showing the Main Street area and neighborhoods covered by the Downtown Improvements Plan =��M To. MEMBERS OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORffY FROM- ERIC WILES COMM WTITY DEVELOPMENT DPRECTOR SUBJECT: MAIN STREET REDEVELOPMENT VISION AND PRIORITIES DATE: January 14, 2004 On January 22 the OEDA will be asked to make a recommendation to the City Council with specific projects prioritized for the redevelopment. Once the redevelopment options have been selected and prioritized, they will be scheduled. Cost requirements will be studied and the available fimds will be allocated according to the priorities. The staff recommends that the OEDA forward a recommendation • projects to the city council. Recently, the staff has become aware • a potential Main Street improvement opportunity known as urban renewal. 10 11Y. air mar imw vintconzat -a -9,610) 1 I h I I I I I F±KJ:(IfII,YfIVJ TPITIMf UIP (MMUMILIC 'TTIICUIC-U Lilt; 10MAILIVII 01 U OL-Cl'i COUICt prove vatuahle i me Main Street are& 1. Main Street Redevelopment Projects Prioritization 2. Brief descriptions of possible Main Street improvement prqJJects 3. Oklahoma statutes authorizing and describing Urban Renewal Authorities As a result of the recent Vision 2025 passage, the City of Owasso will receive approximately $1.2 million from the Tulsa County Visioning to be utilized on improvements, to the downtown and neighborhood areas. The fol' .,,wing is a list of possible projects: 1. Relocating utilities underground This project would take overhead utility wires underground. Goal: -Improve downtown aesthetics. -protect utilities from the elements (wind, ice... 2. Street scaping Providing landscaping, benches, decorative street lighting, sidewalks and other amenities. Goal: -Improve downtown aesthetics. -create positive image and identity. 3. Land Acquisition Purchase derelict or underutilized parcels in the downtown area to consolidate into larger tracts and market for redevelopment. Goal: -Create positive image. -redevelop downtown. 4. Identification: Gateways, traffic circle, signature piece Establish (an) architectural monument(s) as place markers identit(ing the district and producing a positive image catalyst for the area Goal: -Create positive community identity. -Improve downtown aesthetics. 6. Bike/Hiking trails Build hiking/biking trails along the railroad right-of-way downtown or establish bike lanes along main downtown streets. Goal: -Improve downtown image. -Bring activity downtown. -0 8. Town Square Create a public gathering space in a distinctive form and location that would aid in establishing and reinforcing the community identity and culture. MAIN STREET PROJECTS PRIORITIZATION PLO�� Points 1. Relocating utilities underground 51 2. Street soaping 37 3. Land acquisition 37 4. Town Square 35 5. Cultural amenities 29 6. Identification: Gateways, traffic cirlcle, signature piece, etc. - 7. Downtown Improvement fund 20 8. Bike/Hiking trails __ -1 8 "1 � � .. ,�, i �h r a �. ;. ��� �. ��, i, ,.� -� � w Owasso Main Street Improvement Initiative ION& 11 1pft M I h Fl Ali 1:4 Frffq UR reet, wasso. al a Sil, } � I V l 3� a � s ��' U .� f m ,. 3. � _ _ _ Y~ 4 / i i Alk t� w MITMIF-Mlr� p r r z„ Stan d4rds of Quality for new RM f�.l I • •- -• • { ■ o's k b a r 1 .. Mi ` ' i • { k oy�'�, r�y >i �.� � Moo' «ƒ.<w . y: � ®,d < � .\ »:, . . At » % \ \� Utilities \ \� � `\ \� \ rn <»- kK:�, � <\ toe � >�y� . < »,: _.. . .. : . ., . :..y,.<. t � }� � } / \ \� }� {� { « § / d� :« , . wires :� \� } the g y a > `� iz P'�".,Jde pt�[,Ty �:a . a , « [� w :y :\ � :: .r.. < :n., < \ 7 \ } \ \ \/ \ ( } : / i% and standards ,,"Ulsivon a $e unaerutilized parcels of prop�rtv w o 3 n o area t9jecycleinto a ,,"Ulsivon a $e unaerutilized parcels of prop�rtv w o 3 n o area t9jecycleinto E at to All"111"n !/ t T 0, r An ! 6 0; n sf ! ! ! ! to g r a w Owas.&Sometropolitan area, x f � i n sf ! ! ! ! to g r a w Owas.&Sometropolitan area, �s,.: � s �. , � �M .. �,w _ {;. z; 7 z� � S� a< if: s � �; �: ARTICLE XXXV111 URBAN RENEWAL 38-101 Definitions and Applicability 38 -102 Declarations and Findings 38103 Workable Program for Utilization of Private and Public Resources 38.104 Maximum Rehabilitation and Redevelopment by Private Enterprise - Public Housing Fa- cilities 38 -105 Resolution - Approval by Voters in Municipalities under 1 00,000 Population 38 -106 Urban Renewal Plan - Public Hearings - Approval and modification d Disaster Areas 38 -107 Urban Renewal Authority 38 -108 Enumerated Authority Powers - Powers and Duties Excluded 38-109 Powers of Municipalities or Other Public Bodies 38-110 Powers of Redevelopment Corporations or other Private Persons or Corporations 38111 Condemnation Powers 38 -112 Exemption of Property From Judicial Process and Taxation 38 -113 Acquisition of Property other than by means of Eminent Domain -• Payment of Taxes - Excess Property 38114 Sale or Lease of heal Property - Obligations of Purchasers or Lessees - Owner Participation Agreements 38 -115 Notes or Bonds 38 -116 Notes or other Obligations as Legal Investments 38 -117 Organization or Urban Redevelopment Corporations - Powers, Duties and Obligations 38-118 Personal Interest of Public Officials or Employees in Project or Property 38 -119 Law Governing 38 -120 Tax Increment Allocation District Authorized - Hearing 38 -121 Ad Valorem Tax may be Applied 38 -122 Notice to County Officers - Assessment of District 38 -123 Apportionment of Millage - method of Computation 381 SECTION 38-101. DEFINITIONS AND APPLICABILITY The provisions of this article shall apply to all municipalities in this state except as otherwise provided: The following terms whenever used or referred to in Sections 38-101 through 38 -1 19 of this title shall have the following meanings, unless a different meaning is clearly indicated by the context: I. "Authority" or "Urban Renewal Authority" shall mean a public body corporate created by Section 38107 of this title; 2. "Public body" shall mean the state or any incorporated city, town, board, commission. authority, district, or any subdivision or public body of the state, 3. "Municipality" shall mean any incorporated city or town, 4. "Municipal governing body" shall mean the coLlncll, board of trustees, or other body duly charged with governing a municipality; S "Mayor" shall mean the mayor of a municipality or other officer or body having the duties customarily unposed upon the executive head of a municipality; 6. "Clerk" shall mean the clerk or other official of a municipality who is the custodian of the official records of the municipality; 7. "Federal Government" shall include the United States of Arnerica or any agency or instrumentality, corporate or otherwise, of the United States of America; 8 "Blighted area" shall mean an nrea in which there are properties, buildings, or improvements, whether occupied or vacant, whether residential or nonresidential, which by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation or open spaces; population overcrowding; improper subdivision or obsolete platting of land, inadequate parcel size; arrested economic development; improper street layout in terms of existing or projected traffic needs, traffic congestion or lack of parking or terminal facilities needed for existing or proposed land uses in the area, predominance of defective or inadequate street layouts, faulty lot layout in relation to size, adequacy, accessibility or usefulness; unsanitary or unsafe conditions, deterioration of site or other improvements; diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land; defective or unusual conditions of title; any one or combination of such conditions which substantially impair or- arrest the sound growth of municipalities, or constitutes an economic or social liability, or which endangers life or property by fire or other causes, or is conducive to ill health, transmission of disease, mortality, juvenile delinquency, or crime and by reason thereof, is detrimental to the public health, safety, morals or welfare; 9. "Urban renewal project" or "redevelopment project" may include undertakings and activities of a municipality, an urban renewal authority, redevelopment corporation, person or other corporation, in an urban renewal area for the elimination and for the prevention of the development or 38? spread of blight, and may involve clearance and redevelopment in an urban renewal area, or rehabilitation or conservation in an urban renewal area, or any combination or part thereof in accordance with an urban renewal plan. Such undertakings may include: (a) acquisition of a blighted area or portions thereof-. (b) demolition and removal of buildings and improvements-, (c) installation, construction or reconstruction of streets, off-street parking facilities, utilities, parks, playgrounds, and other improvements necessary for carrying out in the urban renewal area the urban renewal objectives of this article in accordance with the urban renewal plan; (d) disposition of any property for uses in the urban renewal area or the leasing or retention of such property for uses in accordance with the urban renewal plan, (e) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements ir7 accordance with the urban renewal plan, or (1) acquisition of any other- real property in the area where necessary to eliminate unhealthful, unsanitary or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise to remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; 10. "Urban renewal area" means a blighted area within which the governing body of a municipality designates an area appropriate for an urban renewal project-, 11, "Urban renewal plan" means a plan officially adopted by the municipal governing body, as it exists or is changed from time to time, for an urban renewal project, which plan shall: (a) conform to the general plan for the municipality as a whole except as provided in subsection 1 of Section 38- 106(e) of this title; and (b) be sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, traffic, public transportation, public utilities, recreational and community facilities, and other public improvements, and plans for financing the project, and plans for the relocation of farnilies and businesses to be displaced, 12. "Real property" shall include all lands, including improvements and fractures thereon, and property of any nature appurtenant thereto, or used in connection there with, and every estate, interest, right and use, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise; 13. "dotes" shall mean any notes (including refunding notes), interim certificates of indebtedness, debentures or other obligations, 14. "Obligee" shall include any bondholder, agents or trustees for any bondholders, or lessor demising to the municipality property used in connection with an urban renewal project, or any assignee or assignees of such lessor's interest or any part thereof, and the Federal Government when it is a party to any contract with the Urban Renewal Authority of the municipality; 15. "Person" shall mean any individual, firm, partnership, corporation, company. association, joint stock association, or body politic; and shall include any trustee, receiver, assignee, or other person acting in a similar representative capacity; 16. "Area of operation" shall mean the area within the corporate limits of the municipality, 17. "Board" or "Commission" shall mean a board, commission, department, division, office, body or other unit of the municipality; 38 -3 18. "Public officer" shall mean any officer who is in charge of any department or branch of the government of a municipality relating to health, fire, building regulations. oi- to other activities concerning dwellings in its area of operation; and 19. "Redevelopment corporation" shall mean a corporation organized under the provisions of Section 38-117 of this title. SECTION 38 -102. DECLAMATIONS AND FINDINGS It is hereby found and declared that there exists in certain municipalities blighted areas as hereill defined which constitute a serious and growing Menace, injurious and inimical to the public health, safety, morals and welfare of the residents of said municipalities; that the existence of such areas contributes an economic and social liability imposing onerous burdens which decrease the tax base and reduce tax revenues, substantially impairs or arrests sound urban grow -th. retards sound econorn.1c development, aggravates traffic problems and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities. and that the prevention and elimination of blight is a matter of state policy and state concern-, that the state and such municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenue because of extra services required for police, fire, accident, hospitalization and other forms of public protection, services and facilities; that by such prevention and elimination, property values will be stabilized and tax burdens more equitably distributed, and the financial and capital resources of the state will be strengthened; that this menace can best be remedied by cooperative participation of private enterprise, municipal governing bodies and public agencies. It is further found and declared that certain blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this article, since the prevailing conditions of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that the conditions and evils hereinbefore enumerated may be eliminated, remedied or prevented; that the salvable blighted areas can be conserved and rehabilitated through appropriate public action as herein authorized, and the cooperation and voluntary action of the owners and tenants of property in such area. It is further found and declared that the powers conferred by this article are for public uses and purposes for which public money may be expended and the power of eminent domain and police power exercised, and it is hereby declared that it is a matter of legislative determination that the provisions of this article are enacted in the public interest. SECTION 38 ®103. WORKABLE PROGRAM FOR UTILIZATION OF PRIVATE AND PUBLIC RESOURCES A municipality for the purpose of this article shall formulate for its area of operation a workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of blight, to encourage needed rehabilitation, to provide for the redevelopment of blighted areas, or to undertake any of these activities or other feasible public activities as may be suitably employed to achieve the objectives of the work able program. The workable program may include, without limitation, provision for: the prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning and occupancy controls and standards; the 38-4 rehabilitation or conservation of blighted areas or portions thereof by replanning, removing congestion; providing parks, play grounds and other public improvements, by encouraging voluntary rehabilitation and by compelling the repair and rehabilitation of deteriorated or deterioratimy structures: and the clearance and redevelopment of blighted areas or portions thereof. SECTION 38®104, MAXIMUM REHABILITATION AND REDEVELOPMENT BY PRIVATE ENTERPRISE - PUBLIC HOUSING FACILITIES The Urban Renewal Authority and any municipality, to the greatest extent determined to be feasible in carrying out the provisions of this article, shall afford maximLem opportunity, consistent with the sound needs of the municipality as a whole, to the rehabilitation or redevelopment of the urban renewal area by private enterprise. The Urban Renewal Authority and the municipality shall give consideration to this objective in exercising their powers under this article, including the formulation of a workable pro gram, the approval of urban renewal plans (consistent with the general plan of the municipality), and the exercise of its zoning powers, the enforcement of other law, codes and regulations relating to the use of land and the use and occupancy of buildings and improvements, the disposition of any property acquired, and the provision of necessary public improvements. Nothing herein shall be construed to authorize any municipality or Urban Renewal Authority to construct or operate public housing facilities. SECTION 38-105. RESOLUTION - APPROVAL BY VOTERS IN MUNICIPALITIES UNDER 100,000 POPULATION A. No Urban Renewal Authority created by this article shall exercise the authority or powers granted by this article until after the municipal governing body shall have determined by resolution that such action is in the public interest and elects to have such authority or powers exercised by the Urban Renewal Authority if one exists or is subsequently established. B. No municipality shall exercise the authority granted by this article until after the municipal governing body shall have adopted a resolution finding that: ( I ) one or more blighted areas exist in its area of operation, and (2) the rehabilitation, conservation or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals and welfare of the residents of such area. C. No municipality which has a population of less than ten thousand (10,000) inhabitants, as shown by the latest federal census, shall exercise the authority granted by this article until a majority of the registered voters of the municipality who vote at an election to be held for that purpose shall have approved same. (Amended, effective 5- 20 -94). SECTION 38-106, URBAN RENEWAL PLAN - PUBLIC HEARINGS - APPROVAL AND MODIFICATION - DISASTER AREAS A. The Urban Renewal Authority may itself prepare or cause to be prepared an urban renewal plan or any person or agency, public or private, may prepare and submit such a plan to the municipality. Prior to the approval of an urban renewal plan by the municipal governing body, the plan shall be submitted to the planning commission having official planning jurisdiction in the municipality and such planning commission shall determine if such plan conforms with the general plan for its area of operation and the 38-5 municipality, and the planning commission shall submit its written recommendations to the municipality with respect thereto within sixty (60) days after receipt of the plan. B. A municipal governing body shall not approve an urban renewal plan for an urban renewal area unless such governing body, by resolution, has determined such area to be a blighted area and designated such area or portion thereof, as appropriate for an urban renewal project. The municipal governing body shall not approve an urban renewal plan or project until a general plan for the municipality has been adopted as the long -range development policy, and such urban renewal plan shall adhere thereto, provided, however, that such general plan must have designated and delineated urban renewal areas, established the appropriate reuse of such areas and established priorities for the rehabilitation or clearance and redevelopment of such areas. The Urban Renewal Authority or a municipality shall not acquire real property for an urban renewal project unless the municipal governing body has approved the urban renewal plan in accordance with Subsection D of this section. C. Upon receipt of the recommendations of the planning commission, ou if no recommenda- tions are received within the sixty-day period, then without such recommendations, the municipal governing body may proceed with the hearing on the proposed urban renewal project as prescribed by Subsection D of this section. D. The municipal governing body shall hold a public hearing on an urban renewal plan, after public notice thereof by publication at least one time not less than fifteen (15) days prior to the date of such public hearing, in a newspaper having general circulation in the area of operation of the municipality, and by posting not less than five (5) public notice signs, each having at least nine (9) square feet of display area, for a period of fifteen (15) successive days including the day of the public hearing for which notice is being given, in the area affected by the proposed urban renewal plan, and shall outline the general nature and scope of the urban renewal project under consideration. F. Following such hearing, the municipal governing body may approve an urban renewal plan if it finds that: (l) A feasible method exists for the relocation of families and businesses who will be displaced from the urban renewal area in decent, safe and sanitary accommodations within their means and without undue hardship to such families and businesses; (2) The urban renewal plan con forms to and assists in the execution of the general plan of the municipality as a whole; provided, however, if the planning commission fails to make such a determination within the prescribed sixty (60) days, or makes a determination to the contrary, not less than four -fifths majority vote of the municipal governing body shall be required to make this finding; (3) The plan includes feasible methods for financing the project; and (4) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise. F. Ali urban renewal plan may be modified at any time in accordance with the following procedure: (1) The Urban Renewal Authority determines the proposed modification to be desirable. (2) The planning commission deter mines that the proposed modification conforms to the general plan for the municipality and makes its recommendations pursuant to the modification or not as it may determine. Public hearings required for the adoption of an urban renewal plan in the first instance shall be held if the governing body determines the modification to be a significant deviation from the existing urban renewal plan, in which case, approval of the modification shall be in the same manner as prescribed by this article for adoption of any urban renewal plan. If the governing body determines the modification not to be a significant deviation or to be merely technical or for clarification purposes, the governing body may act without such public hearings. 38-6 G. If modification of the plan is proposed after the lease or sale by the Urban Renewal Authority of real property in the urban renewal project area. such modification may be conditioned upon the approval of the owner, lessee or successor in interest as the authority may deem advisable and in any event shall be subject to such rights at law or in equity as a lessee or purchaser, or his successor or successors in interest, may be entitled to assert. H. Upon the approval by the municipal governing body of an urban renewal plan or of any iaAodification tl- -aereo 9 such plan oi- modification shall be deemed to be in full force and effect for the respective urban renewal area and the Urban Renewal Authority may then cause such plan or modification to be carried out in accordance with its Terms. 1. Notwithstanding any other provisions of this article, where the municipal governing body determines that an area is in need of redevelopment or rehabilitation as a result of a flood, fire, wind, earthquake, storm or other catastrophe respecting which the Governor of the state has certified the need for disaster assistance under Public Law 875, Eighty-first Congress (42 U.S.C. Sections 1855- 1855g), or other federal laws, the municipal governing body may approve an urban renewal plan and an urban renewal project with respect to such area without regard to the provisions of subsection E of this section and the provisions of this section requiring a general plan for the municipality and a public hearing on the urban renewal project. C ' 1 A. There is hereby created in each municipality to which this article is applicable, a public body corporate to be known as the "Urban Renewal Authority," or such other name as may be designated by the governing body of the municipality, which may sue or be sued; provided, that such Authority shall not transact any business or exercise its powers hereunder until or unless the governing body of the municipality has made the finding prescribed in Section 38 -105 of this title. B. When the Urban Renewal Authority is authorized to transact business and exercise powers hereunder, the mayor, subject to the approval of the municipal governing body, shall appoint a Board of Commissioners consisting of five (5) members. The terin of office of each such Ccminission member shall be for three (" )) years, except that of the members first appointed, one shall serve for a term of one (1) year and two shall serve for terms of two (2) years. The initial appointments, regardless the calendar date when such appointments are made, shall expire on the July 31 closest to the full one, two or three -year term to which such members are appointed. Thereafter, and after the expiration of initial terms, all members shall serve terms of three (3) years. All terms of office, including initial appointments, shall expire as of July 31 and new terms shall commence on August 1 of the calendar year. C. The mayor of the municipality shall designate from the duly appointed Commission members, a. Chairman and Vice Chairman who shall serve terns of one (1) year, beginning August 1 of each calendar year, or until a successor is named. Should the mayor fail to designate a Chairman or Vice Chairman within thirty (30) days after the separation date of the former Chairman, the Commission may elect a Chairman or Vice Chairman from its membership by a simple majority vote of its members. The Chairman, and in his absence the Vice Chairman, shall call and preside over meetings of the Board of Commissioners, direct the recording of minutes of its deliberations, and appoint committees and assign their respective activities. 38 -7 D. A Commissioner shall receive no compensation for his services but shall be entitled to necessary expenses, including traveling expenses, incurred in the discharge of his duties. Each Commissioner shall hold office until his successor has been appointed and qualified. A certificate of the appointment or reappointment of any Commission member shall be filed with the clerk of the municipality and such certificate shall be conclusive evidence of the due and proper appointment of such Commission member. Commissioners shall not be personally liable for obligations of the Urban Renewal Authority. E. The powers of an Urban Renewal Authority shall be exercised by the Commissioners thereof. A majority of the Commissioners shall constitute a quorum for the purpose of conducting business and exercising the powers of the Authority and for all other purposes. Action may be taken by the Authority upon a vote of a majority of the Commissioners, unless in any case its bylaws shall require a larger number, Any person may be appointed as a Corrrnrissioner if he has resided for five (5) years within the municipality or an area annexed to the municipality and is otherwise eligible for such appointment under this article. F. The Urban Renewal Authority may employ an executive director, technical experts and such other agents and employees, permanent and temporary, as it may require, and determine their qualm fications, duties and compensation. The Authority may receive legal services of the staff of the munic- ipality or it may ernploy or retain its own legal counsel and legal staff and may contract for° any services necessary to its operation under this article. An Authority authorized to transact business and exercise powers under this article shall file, with the mayor and the municipal governing body, on or before July 31 of each year, a report of its activities for the preceding fiscal year ending June 30, which report shall include a complete financial statement setting forth its assets, liabilities, income and operating expenses as of the end of such fiscal year. At the'time of filing the report, the Authority shall publish in a newspaper of general circulation in the area of operation, a notice to the effect that such report has been filed with the mayor and municipal governing body and that the report is available for inspection during business hours in the office of the clerk or other appropriate officer of the municipality and in the office of the Urban Renewal Authority. C. A Commission member may be removed from office prior to the expiration of the term for which he was appointed only for inefficiency or neglect of duty or misconduct in office by a two-thirds majority vote of the municipal governing body after hearing based on charges which are written and a copy delivered to such Commission member at least ten (10) days before such hearing. A Commission member may represent himself at such hearing or be represented by counsel. (Amended, effective 4 ®9 -86). SECTION 38 ®108. ENUMERATED AUTHORITY POWERS - POWERS AND DUTIES EXCLUDED A. Every Urban Renewal Authority within the pro visions of this article shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others herein granted: 1. To undertake and carry out the urban renewal projects within its area of operation and in accordance with any urban renewal plan adopted by the municipality; and to make and execute contracts and other instruments necessary or convenient to the exercise of its powers under this article; and to disseminate blight and urban renewal information; 38 -8 2. To provide or to arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works, streets, roads, public utilities, or other facilities for or in connection with an urban renewal project; to install, construct, and reconstruct streets, off-street parking facilities° utilities, parks° play grounds, and other public improvements'. and to agree to any conditions that it may deem reasonable and appropriate attached to Federal financial assistance and imposed pursuant to Federal law relating to the determination of prevailing salaries or wages or compliance with labor standards, in the undertaking or carrying out of an urban renewal project, and to include in any contract let in connection with such a report, provisions to fulfill such of said conditions as it may deem reasonable and appropriate, 3. With the permission of the owner or occupant, to enter into any building or property in any urban renewal area within its area of operation in order to make inspections< surveys, _appraisals, soundings or test borings; provided if permission be denied, to so enter for such purpose, upon reasonable notice and at reasonable times, with the least possible inconvenience to the persons in possession° and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire by purchase, lease, option, gift, grant, bequest, devise, erninent domain or otherwise. any real property, or personal property for its purposes, together with any improvements thereon; to hold, improve, clear or prepare for redevelopment any such property; to mortgage, pledge, hypothecate or otherwise encumber or dispose of any real property; to insure or provide for the insurance of any real or personal property or operations of the Authority or the municipality against any risk or hazards, including the power to pay premiums on any such insurance; and to enter into any contracts necessary to effectuate the purposes of this article; provided, however, that no statutory provisions with respect to the acquisition, clearance or disposition of property by public bodies shall restrict the Authority of municipality of other public body exercising powers hereunder, in the exercise of such functions with respect to an urban renewal project, unless the Legislature shall specifically so state; 4. To invest any urban renewal project funds held in reserves or sinking funds or any such funds not required for immediate disbursement, in property or securities in which savings banks, building and loan associations or savings and loan associations may legally invest funds; to redeem such notes as have been issued pursuant to Section 38 -115 of this title at the redemption price established therein oi° to purchase such notes at less than redemption price, all such notes so redeemed or purchased to be canceled; 5. To borrow money and to apply for and accept advances, loans, grants, contributions and any other form of financial assistance from the federa; government. the state, county or other public body. or from any sources, public or private, for the purposes of this article, and to give Such security as may be required and to enter into and carry out contracts in connection therewith. An Authority may include in any contract for financial assistance with the federal government for an urban renewal project such conditions imposed pursuant to federal laws as the Authority may deem reasonable and appropriate and which are not inconsistent with the purposes of this article; 6. To make or have made, within its area of operation, surveys and plans necessary to the carrying out of urban renewal plans or projects, and to contract with any person, public or private, in making and carrying out such plans. Such plans may include: (a) urban renewal plans; (b) preliminary plans outlining urban renewal activities for neighborhoods to embrace two or more urban renewal areas; (c) plans for carrying out a program of voluntary or compulsory repair and rehabilitation of buildings and improvements; (d) plans for the enforcement of state and local laws, codes and regulations relating to the use and occupancy of buildings and improvements and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements; or (e) appraisals, title searches. surveys. studies, and other plans and work necessary to prepare for the undertaking of urban renewal projects; 38 -9 7. To develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of blight and to apply for, accept and Utilize grants of funds from the Federal Government or any other source for such pu��� 8. To prepare plans for the relocation of persons. families, business concerns and udvery displaced by an urban nznmnm) project, and 0x make relocation puynuco<z to orv/ith respect to such persons for moving expenses and losses of property for which reimbursement or compensation is not otherwise made, including the making Of Such payment finariced by the Federal Government but not firnited thereby� 9. To make such expenditures as may be ueoasmurvto carry out dx.purposes of this article, lO. To organize, coordinate and direct the administration of the provisions of this article as they uooh/ to the municipality in order that the objective of remedying blighted areas and o� dlc o��a���fwbbobua�oofo oumoyLemo�eO�dvu�pmmoted and achieved, and 0oestablish Such office or offices necessary to carry out such purposes most effectively-, or }l. To exercise all n« any part or combination of powers herein granted, provided that tbe records covering all transactions sbuU be open to public scrutiny and may he inspected by any person affected thereby during regular office hours and upon reasonable notice. & The duties, powers or authority of the Urban Renewal Authority shall not include: I The power Ndetermine an area to beublighted area and to designate such area as appropriate for an urban renewal project; 2. The power to prepare, establish, orumond ugoneru| plan for the l000|dv as whole, 3. The power to formulate u workable progrom� 4. The power to make the determinations and findings provided for in Scok)n 38-105 and Subsection EmJ Section ]8-l06of this title; l The power toissue general obligation boods ti The power 10 appropriate funds of the municipality, to levy taxes and assessments; 7. The power to zone or rezone; or 8. Thu power to make exceptions to zoning ordinances or bui|dina rc�u|utious of the municipality. SECTION 30-109. POWERS OF MUNICIPALITIES OR OTHER PUBLIC B[D]lBB A. For the purpose ofujdiu�in1b�p|uuniu��unde�ukingoruu�ying Out oFun urban renevvul project, a municipality or any other public body may: L Cause public buildings and public facilities to he funnidhcd, including pucks playgrounds, recreational, community, educational, vvuter, xep/cr, or drainage facilities, or any other works v/bicb it is 3Q-l0 otherwise empowered 0n undertake-, furnish, dndioute, close, vacate, pave, install, arodc rccrod/� plan or cop)un streets, roads, sidewalks, ways or other p|uocs� or make exceptions frmn buikjina/caulu1ious, and cause administrative and other services to be furnished; 2. Accept by gift or otherwise acquire, with or without consideration, bdc to real property in an urban renewal project area, hold such real property and enter into lease- purchase nr other agreements respecting the operation, use, or disposal of such land, with u du|v organized urban redevelopment corporation orUrban I{euevva| Authority. Such ]caao'purchuxm or other agn:emeo\s sbuU contain such terms and conditions us may be deemed necessary and convenient to the eXCCUtl0n of an urban renewal plan, or 3. Appropriate funds for urban renewal purposes. B. [fo1 any time title to or possession of any real property in all urban renewal project is held by any municipality or public body or governmental u��uc��1 which is authorized 6v |mv to �n�a�e in the undertakings, carrying out, or administration of urban renewal projects (including any agency or instrumentality of the United States ofAonericu), the provisions of the agreements referred to in this section shall insure to the benefit thereof and may he enforced by suoh public body or governmental agency. C. Any sale, uooveyuuoc\ lease or |euae- pu rchase agreement or pursuant to this section may be made by public body tn any other public body without appcaisul, public notice, advertisement or public bidding. D. For the purpose uf aiding io the plannin�,und��ukin�orcur�'iog out ofao urban reoervu| project hereunder, a municipality or all Urban Renewal Authority or any other public agency, board or body may (in addition to its other powers and upon such terms, with or without consideration, as it may determine) do and perform any or all of the actions or things which such public agencies or public bodies are authorized to do or perform, including the furnishing of financial and other assistance. B. For the purposes of this section, or for the purposes ofuidio� i x planning, undertaking oc carrying out ofmn urban renewal project, such municipality may issue and n:!| dsgencoo} obligation bonds. Any bonds issued by municipality pursuant to this section uhu|| be issued in the manner and within the limitations prescribed by laws of this state for the issuance and authorization of bonds by such municipality for public purposes generally. SECTION 38-110. POWERS OF REDEVELOPMENT CORPORATIONS OR OTHER PRIVATE PERSONS OR CORPORATIONS For the purpose of aiding iothe planning, or carrying out of all urban renewal project, on urban redevelopment or any other person or corporation may, upon such terms and with or without consideration, as may be determined: l. [}edivate, sc|L convey, or lease any of its interest in any property or grant euserueoM. licenses or other dghto or privileges therein to an Urban Deoevvu| Authority, or to o municipality or any other public body oc governmental agency ortoany private person orcorporation" 2. Incur the entire expense, or any portion there of, of any public inuprovconents necessary to the execution of an urban renewal plan; 38-\l 3. Do any and all things necessary to aid or cooperate in the planning or carrying out of an urban renewal plan; 4. Lend, grant or contribute funds to an Urban Renewal Authority, or 5. Enter into agreements, including lease purchase agreements. (which may extend over atiy period, not withstanding any provision or rule of law to the contrary) with anv municipality, public body or governmental agency including an Urban renewal Authority, respecting action to be taken pursuant to any of the powers granted by this article, including the furnishing of funds, or other assistance in connection with an urban renewal project. SECTION 38 -111. CONDEMNATION POWERS A. After the adoption by the municipal governing body of an urban renewai plan and a resolution declaring that the acquisition of real property described in the plan is necessary to the execution of the plan, the Urban renewal Authority designated as the agency to execute such plan shall have the right to acquire by condemnation or otherwise, any interest or right or combination of rights in real property, including a fee simple title thereto, necessary to the execution of the approved plan. Condemnation for the urban renewal of blighted areas is declared to be a public use, and property already devoted to any other public use or acquired by the owner or his predecessor in interest by eminent domain may be condemned for the purpose of this article. The award of compensation for real property taken for such a project shall not be increased by reason of any increase in the value of the real property caused by the assembling, clearance, reconstruction, or proposed assembly, clearance or reconstruction ' in the project area. No increment of value shall accrue to such property as the result of any illegal or unlawful use thereof. No allowance shall be made for the improvements begun on real property after notice to the owner of such property or the institution of proceedings to condemn such property. Evidence shall be admissible bearing upon the unsanitary, unsafe, or substandard condition of the premises, or the lawful use thereof. B. Except as otherwise provided by subsection C of this section, the Urban renewal Authority shall have the right to acquire by condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project under this article. C. if an Urban renewal Authority intends to acquire unimproved real property pursuant to the power of condemnation authorized by this article, the Urban renewal Authority shall specifically identify the parcels or tracts of real property which it intends to acquire through condemnation to the governing body of the municipality. The governing body of the municipality shall consider the proposed acquisition of the unimproved real property during an open meeting and shall be required to approve the proposed acquisition by a majority vote of those persons constituting the governing body of the municipality. No Urban Renewal authority shall acquire unimproved real property by condemnation unless the acquisition has been specifically approved by the governing body of the municipality as required by this subsection. An acquisition by an Urban Renewal Authority of unimproved real property made without the approval of the municipal governing body shall be void and notwithstanding the completion of other proceedings an action may be maintained by a person with a legal or equitable interest in the subject real property to recover title to the real property or possession of the real property or both title and possession of the real property. D. The procedure prescribed for railroad companies in Sections 51 et seq., of Title 66 of the Oklahoma Statutes, shall be followed in acquiring property by eminent domain. Property already devoted 33-12 to public use may be acquired in like manner: provided, that no real property belonging to the state. or any political subdivision thereof may be acquired without its consent. E. In the event any Urban Renewal Authority in exercising any of the powers conferred by this article makes necessary the relocation, raising, rerouting or than -inc, the grade of or alterin, the construction of any railroad, common carrier or public utility property or facility, all such relocation, raising, rerouting, changing of grade or alteration of construction shall be accomplished at the expense of the Urban Renewal Authority, provided that the Urban Renewal Authority shall not disturb the possession or operation of any railroad, common carrier, or public utility in or to the appropriated property or facility until the relocated property or facilities are available for ust and until marketable title thereto has been transferred to the railroad, common carrier or public utility. F. In any proceeding to fix or assess compensation for damages for the taking (or damaging) or property, or any interest therein, through the exercise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be considered in fixing such compensation or damages, in addition to evidence or testimony otherwise admissible: 1. Any use, condition, occupancy, or operation of such property. which is unlawful or violative of, or subject to elimination, abatement, prohibition, or correction under, any law or any ordinance or regulatory measure of the state, county, municipality, other political subdivision, or any agency thereof, in which such property is located, as being unsafe, substandard, unsanitary or otherwise contrary to the public health, safety, or welfare; and 2. Tile effect on the value of such property, or any such use, condition, occupancy, or operation, or of the elimination, abatement, prohibition, or correction of any such use, condition, occupancy, or operation. G. The foregoing testimony and evidence shall be admissible notwithstanding that no action has been taken by any public body or public officer toward the occupancy or operation. Testimony or evidence that any public officer charged with the duty or authority to do so has rendered, made or issued any judgment, decree, determination or order- for the abatement, prohibition, elimination or correction of any such use, condition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition or operation. H. In any condemnation proceedings in which a jury trial is had, if the verdict of the jury exceeds the award of the court appointed commissioners, the court may award a reasonable attorney fee to the defendant or defendants, which shall be paid by the condemnor. (Amended, effective 1 1- 1 -96). SECTION 38-112. EXEMPTION OF PROPERTY FROM JUDICIAL PROCESS AND TAXATION A. All property of an Urban Renewal Authority, including funds, owned or held by it for the purposes of this article shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same nor shall judgment against an Urban Renewal Authority be a charge or lien upon such property; provided, however, that the provisions of this section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this article by an Urban Renewal Authority on its rents, fees, grants or revenues from urban renewal projects. 38 -13 B. The uxucoiac of powers granted by this article will be in all respects for the benefit of tile people of this state, and its political subdivisions, and the municipalities of this state, for the improvement of the public health, safety, morals and general welfare ofthe people. The activities ofan Urban Renzv/ui Authority pursuant to this article constitute all essential guveoznoeu[u| function and the property orfunds of an urban Reoevvu| Authority, acquired or held for the purposes of this article, are declared to be public property used for essential public and governmental purposes and suuh property sbu\| be exempt from all taxes of the state, the county, the municipality or any other political subdivision thereof, provided, that such tax exemption shall terminate when the Dchuo Renewal Authority oo|\s such property in all urban renewal area toa purchaser who is not apublic body entitled to tax exemption With .�,ypCc1to sudh property, or if such property is leased by the Urban Reoevvu\ Authority, then the iruprovcoocota placed thereon obul/ not be entitled to such tux exemption. Pcovided. further, that the Urban Rcuevva| Authority is limited in its authority to acquire property to the acquisition e/bicb is necessary in the carrying out of an urban couep/u| SECTION 38-I13. }\CODl3lTl0N OF PROPERTY OTHER THAN BY MEANS OF EMINENT DOMAIN - PAYMENT OF TAXES - EXCESS PROPERTY Whenever the municipal governing body shall have determined by resolution that all area within the municipality b appropriate for an urban renewal project, then, regardless ofwhether or not all urban renewal plan for such area has been approved under the provisions of this article, the municipality or the Urban Renewal Authority within the municipality may acquire real property u1 any time within such area by oncoou other than the exercise of the power of eminent domain. In order to qualify for financial assistance from the Federal Government in making such acquisition, and regardless of any other provisions of tile laws of tile State ofOk|uhoonu, tile municipal governing body may herein provided the Urban F(ene*u| Authority or governing body, as tile case may he, acquiring the property shall be responsible for and pay any ucoruin� ad valorem taxes heuonoioa due orowing unti| suzh time as the property is incorporated in all approved urban renewal plan or converted to another public use. Any property so acquired ohu|| be Subject to all other provisions of this article the same as property otherwise ucquired, except that in the event the property so acquired is not used for urban rcocvvu| purposes because all urban renewal p|uo for the project area is not approved, or is amended to omit any of the acquired property, or is abandoned for any reason, the property may be disposed of tinder such reasonable competitive bidding procedures as the municipal governing body shall prescribe, or Such property may be converted to any other public use. SECTION 30-114. SALE OR LEASE OF REAL PROPERTY - OBLIGATIONS OF PURCHASERS OR LESSEES ' OWNER PARTICIPATION AGREEMENTS A. Ali Urban Renewal Authority may sell, lease or otherwise dispose of or transfer o:u| property or any interest therein acquired by it at its fair value 0o a redevelopment corporation oc any other private person ur persons, and may enter into contracts with respect thereto, under reasonable negotiating procedures as may be prescribed by the municipal governing body, for residential, recreational, commercial, industrial or other uses or for public uses, or may retain such property fbr public use, ill accordance with the urban o:nov/u| plan. The sale, lease or other disposition or transfer of real property or interest therein may be Subject tosuch covenants, conditions, and restrictions, iucludina covenants running with the land, as the Urban Renewal Authority may deem tube necessary ordesirable to assist in preventing the development or spread of ftiture blight or to otherwise carry out the Purposes of this article, provided that Such sale, lease, 38-l4 disposition, transfer or retention, may be approved by the municipal governing body and may be made only after approval of the urban renewal plan by the municipal governing body. A copy of the agreement or agreements related to the sale, lease, disposition or transfer shall be filed as a public record with the clerk of the municipality and the county clerk of the county in which the sites of the municipality is located. B. The municipality may transfer real property necessary and convenient to the execution of an approved urban renewal plan, or any interest therein, acquired by it, to the Urban Renewal Authority or a redevelopment corporation established under the provisions of this article. The transfer of real property or any interest therein to the Urban Renewal Authority shall be on such terms as may be deemed to be desirable and in the public interest. SLiCh property, or interest fl—rein, transferred to a redevelopment corporation shall be at its fair values for uses in accordance with an approved urban renewal plan. Any such transfer of real property or interest therein shall be by aggreement to be CxeCLited only after approval of the urban renewal plan by the municipal governing body. A copy of the agreement or a`0reements related to such transfer of real property shall be filed as a public record with the clerk of the municipality and the county clerk of the county in which the sites of the municipality is located. C. Purchasers or lessees of real property in an urban renewal area and their successors and assignees shall be obligated to devote such real property only to the uses specified in the urban renewal plan, and may be obligated to comply with such other requirements as the Urban Renewal Authority oi° the municipal governing body may determine to be in the public interest, including but not limited to the obligation to begin and complete within a reasonable time any improvements on such real property required by the urban renewal plan. The Urban Renewal Authority or municipality may require an appropriate performance bond to insure compliance with such requirements. D. In determining the fair value of real property for uses in accordance with the urban renewal plan, the Urban Renewal Authority or the municipality, whichever the case may be, shall take into account and give consideration to the uses provided in such plan; the restrictions upon and the covenants, conditions and obligations assumed by the purchaser or lessee or by a public body or public agency retaining the property, and the objectives of such plan for the prevention of the recurrence of blighted areas. The Urban Renewal Authority in any instrument of conveyance to a private purchaser or lessee or the municipality in any instrument of conveyance to a redevelopment corporation may provide that such purchaser or lessee shall be without power to sell, lease or otherwise transfer the real property without prior written consent until such purchaser or lessee has completed the consuu::. ion of any or all improvements which such purchaser has obligated himself to construct thereon. Real property acquired for urban renewal purposes by the municipality or the Urban Renewal Authority shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan to a redevelopment corporation or other private person or per sons. The urban renewal plan, or such part or parts of such plan as the Urban Renewal Authority of the municipality may determine, may be recorded in the land records of the county in such manner as to afford actual or constructive notice thereof. E. An Urban Renewal Authority or a municipality may operate and maintain, during the project development stage, real property acquired in an urban renewal area pending the disposition of the property as authorized in this article, for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan. F. The urban renewal plan may provide that the owners of record of lands within the urban renewal project at the time of project execution, if the Urban Renewal Authority deems it feasible and finds that such owners of record are financially and otherwise qualified, may retain their land and participate in the renewal or redevelopment of the project area. In every such case, the Urban Renewal Authority shall 38 -15 enter into an owner participation agreement with such owner or owners, which agreement shall provide that the owner agrees to carry out the purposes of the urban renewal plan, to devote such property to uses specified in the urban renewal plan, and shall contain provisions deemed to be necessary or desirable to assist in preventing the development or spread of future blight or to otherwise carry out the purposes of this article. Such agreement shall contain such requirements as the Urban Renewal Authority may determine to be in the public interest, including the obligation to begin and complete vv'lthin a reasonable tinge any improvements, necessary remodeling modification of any existing structure or structures on the real property required by the urban renewal plan. The Urban Renewal Authority may require an appropriate performance bond to insure compliance with such requirements. In all other respects, the owner participation agreement shall be consistent with and make requirements similar to th:, Conditions to sale developed for similar property in the same project. (Amended, effective 6- 3)-98) I A. An Urban Renewal Authority shall have the power to issue notes or bonds, including revenue bonds, from time to time at its discretion to finance the colder taking of any urban renewal project under this article, including, without limiting the generality thereof. the payment of principal and interest upon any advances for surveys and plans, and shall also have power to issue refunding notes or bonds for the payment or retirement of such notes or bonds previously issued by it. Such notes or bonds shall be made payable, as to both principal and interest, solely from: 1. The income, proceeds, revenues, and funds of the Urban Renewal Authority derived from or held in connection with its undertaking and carrying out urban renewal projects under this article; 2. Any private source, contribution or other financial assistance; 3. Contributions or other financial assistance from the state or federal goverlllilente 4. Any other monies derived from gifts, grants, the sale of properties or any other legally available source; 5. The proceeds from any additional borrowings; 6. Taxes on incremental property values allocated to a special fund of the city and appropriated by the city to the Urban Renewal Authority, under the provisions of Sections 3 through 6 of this act; or 7. Any combination of these methods. Provided, however, that payment of such notes or bonds, both as to principal and interest, may be further secured by a pledge of any loan, grant or contribution from the federal government or any other source, in aid of any urban renewal projects of the Urban Renewal Authority under this article, and by a mortgage of any such urban renewal projects, or any part thereof, title to which is in the Urban Renewal Authority. B. Notes or bonds issued under this section shall not constitute an indebtedness of the State or any municipality. 38 -16 C. Notes or bonds issued under the provisions of this article are declared to be issued. for an essential public and governmental purpose, and together with interest thereon and income therefrom shall W be exempted from all taxes. D. Notes or bonds issued under this section shall be authorized by resolution of the Urban Renewal .Authority and may be issued in one or more series and shall bear such date or dates, be payable upon demand or mature at such tirne or times, bear interest at such rate determined feasible by the Urban Renewal Authority, be in such denomination or denominations, be in such form, Carry such conversion or registration privileges, have such rank or priority, be executed in such manner, be payable in sucl, mediLrm of payment, at such place or places and be subject to such tern. —, of redemption, with or without premium, be secured in such manner, and have such other characteristics, as may be provided by such resolution 01" trust indenture or mortgage issued pursuant thereto. E. Such notes or bonds must be sold to the lowest and best bidder at public sale held after notice published prior to such sale in a newspaper having general circulation in the area of operation and in such other medium of publication as the Authority may determine. Provided° that such notes may be sold to the Federal Government at private sale at not less than par, and, in the event less than all of the authorized principal amount of such notes or bonds is sold to the Federal Government, the balance may be sold at private sales at not less than par at an interest cost of not to exceed the interest cost of the portion of the notes sold to the Federal Government. F. In case any of the public officials of the Authority or any other public body whose signature appears on any notes or bonds issued under this article shall cease to be such officials before the delivery of the notes or bonds, the signatures shall, nevertheless, be valid and sufficient for all purposes, the carne as if such officials had remained in office until such delivery. Any provision of any law to the contrary notwithstanding any notes or bonds issued pursuant to this article shall be fully negotiable. G. In any suit, action or proceeding involving the validity or enforceability of any notes or bonds, issued under this article or the security therefor, any such note reciting in substance that it has been issued by the Urban Renewal Authority in connection with an urban renewal project, as defined in this article, shall be conclusively deemed to have been issued for such purpose and such project shall be conclusively deemed to have been planned, located and carried out in accordance with the provisions of this article. (Amended, effective 11 ®1 ®83 ). SECTION 38-116. NOTES OR OTHER OBLIGATIONS AS LEGAL INVESTMENTS All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking or investment business, all insurance companies, insurance associations, and other persons carrying on an insurance business, and all executors, administrators, curators, trustees, and other fiduciaries, may legally invest in sinking funds, moneys, or other funds belonging to them or within their control in any notes or other obligations issued by a municipality or an Urban Renewal Authority pursuant to this article and vested with urban renewal project powers under this article; Provided, that such notes, bonds or other obligations may be secured by an agreement between the issuer and the Federal Government in which the issuer agrees to borrow from the Federal Government and the Federal Government agrees to lend to the issuer, prior to the maturity of such notes, bonds or other obligations, moneys in an amount which (together with any other moneys irrevocably committed to the payment of interest on such notes, bonds or other obligations) will 38 -17 suffice to pay the principal of such notes, bonds or other obligations v/dh interest to noaiuhtytborcoo vvbioh moneys under the t000a of said agreements are required to be used for the purpose of paying the principal and interest of such ootnu, bonds or other obligations at their maturity. Such notes, bonds and other obD-,a ioos ybuU be authorized security for all public deposits. It is tile purpose of this section to authorize any persons, political subdivision and officers, public or private, to use any funds owned or controlled bv them for the purchase nf any such notes, bonds or other obligations. Nothing contained iu this section with regard to legal investments shall be construed as relieving any person ofunydutY ofozcmisina reasonable care in selecting securities. SECTION 30-117, ORGANIZATION OR URBAN REDEVELOPMENT CORPORATIONS - POWERS, DUTIES AND OBLIGATIONS /\. Corporations referred to in this article as urban redevelopment corporations obaU be organized in the following manner: The articles of agreement orassociation mbaU be prcpured, subsorihed and , and filed iod��of�uoo�d��3�crz��ryo[S�tn puroumotothe general corporation laws of the state and ahu}| contain: (|) The name of the proposed oorpontion, which must have the words "redevelopment corporation" as u part 1ben:uf, (2) The purposes for which it is formed, which ubu|| he to acquire, 000atroct, nouiutuio and operate u redcvc}opn000i project or redevelopment projects in accordance with the provisions of this article-, (3) The amount of the capital stock, and if any be preferred stock, the preference thereof, (4) The number of shares of which the capital shall consist, all of which shall have a par value; (5) The municipality in vvbicb its pdooipu| business otOuc is to be located; (6) Its duration, vvbiob ubuU not exceed ninety-nine (gA)years; (7) The number ofdirectors, which shall not be less than three (3), nor more than thirteen (13); (8) The nanoca and post office addresses of the directors for the first year, at least one of whom shall bea resident of the State ofOklohumu� (P) The names and post office addresses of the subscribers to tile articles of association or agreement, (|O) A provision that in the event that inoome debenture certificates are issued by u corporation, the owners thereof shall have the same doht 10 vote as they Would have if possessed of certificates of stock of the amount and par value of the income debenture certificates held by dhuou. The articles may provide for the retirement of income debenture certificates or preferred stock of the coqzonziiuo as and when there shall be funds uvui|uh}c in the treasury of the corporation from the receipt of amortization of sinking fund iustul|noun1n for that purpose; and (I I) /i deo|ucadun that the corporation has been organized to serve u public purpose, that all rou�csto1c acquired by it and all structures erected by it are to be acquired for the purpose of promoting the public beu|dh, safety, and welfare, and that such corporation is organized for the purpose of clearing, replanning, reconstructing or rehabilitating blighted o,eay` and the construction of such industriu|, oonomerciu|, residential or public structure as may be appropriate including provisions for recreational and other facilities incidental or appurtenant thereto. B. No corporation now organized under the laws of this state shall change its uunoe 0u u num* and no such corporation hereafter organized shall have u name, containing the word "redevelopment" as u part ibcn:of except usprovided in this article. No foreign corporation now authorized todo business in this state shall change its name to a name, and no such corporation shall hereafter be authorized to do business in the state with a name, containing the word "redevelopment" as o part thereof. C. An urban redevelopment may operate under this article on one mmore redevelopment projects and, with respect to each such project, shall have such rights, powers, duties, and immunities and ob|i-uions, not inconsistent with the provisions of this article, as may bcorunU:dto it bvon u�c�n�u� �o operate uo6 to ���ou�� an urban cu�va� plan or any portion thereof. T� ��reeoent to operate may hcentered between the redevelopment corporation and any municipu|ityor Urban Renewal ]X-\8 Authority. The agreement shall provide, among other things. that the corporation is to carry out the purposes of the urban renewal plan for the project area, and to devote such property as it may acquire, to uses specified in the urban renewal plan and shall contain provisions deemed to be necessary or desirable to assist in preventing the development or spread of future blight or otherwise carry out the purposes of this article. The agreement shall contain such requirements as the municipality or Urban Renewal Authority may determine to be in the public interest, including the obligation to begin to execute the redevelopment plan within a reasonable time. The agreement to operate may provide that the redevelopment corporation is to prepare a renewal plan; however, execution of the plan shall not proceed until such plan is adopted by the rnunlcipality as required m this article. `l "he agreement may require the redevelopment corporation to furnish a performance bond for all amount to be deter mined by a,e municipality or the Urban Renewal Authority whichever the case may be. D. The provisions of the general corporation law, as presently in effect and as hereafter from time to time amended, shall apply to urban redevelopment corporations, except where such provisions are in conflict with the provisions of this article. E. In the event that any action with respect to which the holders of income debentures shall have the right to vote is proposed to be taken, notice of any meeting at which such action is proposed to be taken shall be given to such holders in the same manner and to the same extent as if they were stockholders entitled to notice of and to vote at such meeting. Any articles filed pursuant to law in the office of the Secretary of State with respect to any such action, and any affidavit required by law to be annexed to such articles shall contain the same statements or recitals. The articles shall be subscribed and acknowledged, and such affidavit shall be made, in the same manner as if such debenture holders were stockholders holding shares of an additional class of stock entitled to vote on such action, or with respect to the proceedings provided in such document. F. An urban redevelopment corporation shall establish and maintain depreciation, obso- lescence, and other reserves, also surplus and other accounts, including, among others, a reserve for the payment of taxes according to recognized standard accounting practices. G. No urban redevelopment corporation shall pay any interest oil its income debentures or dividends on its stock during any dividend year unless there shall exist at the time of•such payment no default under any amortization requirements with respect io its indebtedness, or unless all accrued interest, taxes and other public charges shall have been duly paid or reserves set up for payment therefore, and adequate reserves provided for depreciation, obsolescence and other proper reserves. H. The real property, title of which is vested in an urban redevelopment corporation, shall be subject to the payment of general ad valorem taxes imposed by the state or° any political subdivision thereof. L Notwithstanding any requirement of law to the contrary, or the absence of direct provision therefor in the instrument under which a fiduciary is acting, any of the following persons, partnerships, or corporations, and public bodies or public officers, owning or holding any real property within any blighted area proposed to be cleared or redeveloped by an urban redevelopment corporation, may grant, sell, lease or otherwise transfer any such real property to an urban redevelopment corporation, and receive and hold any cash, mortgages, or other securities or obligations exchanged therefore by such urban redevelopment corporation and may execute such instruments and do such acts as may be deemed necessary or desirable by them or to and by the urban redevelopment corporation in connection with the execution of any urban renewal plan: (1) Every executor, administrator, trustee, guardian or any other person holding trust funds or acting in a fiduciary capacity, unless the instrument under which such fiduciary is acting expressly 38 -19 forbids; (2) °The state, its subdivisions, municipalities, all other public bodies, and all public officers: (3) Persons, partnerships and corporations, organized under or subject to the provisions of the banking and trust laws (including savings banks, savings and loan associations, trust companies, private bankers and private banking corporations); (4) The State Bank Commissioner or the Commissioner of Securities as conservator, liquidator, or rehabilitator of any such person, partnership, or corporation. J. Art urban redevelopment corporation may acquire real property or secure options ill its own name or in the name of nominees, or it may acquire real property by gift, grant, lease, purchase, lease - purchase, or otherwise. K. When title to real property has been vested ill an urban redevelopment corporation, the urban redevelopment corporation may agree with the previous owners of such property, or any tenants continuing to occupy or use it, or any other persons who may occupy or use or seek to occupy or use Such property, that such former owner, tenant, or other persons may occupy or use Such property upon the payment periodically of an agreed sum of money. Such occupation or use shall not be construed as a ten- ancy from month to month, nor require the giving of notice by the urban redevelopment corporation for the termination of such occupation or use of the right to such occupation or use, but immediately upon the expiration of the term for which payment has been made the urban redevelopment corporation shall be entitled to possession of the real property and may maintain all action for either unlawful detainer or ejectment for the purpose of recovering immediate possession thereof. L. An urban redevelopment corporation may borrow funds and secure the repayment thereof by mortgage which shall contain reasonable amortization provisions and shall be a lien upon no other real property except that forming the whole or a part of a single development area. Certificates, bonds and notes, or part interest therein, or any part of an issue thereof, which are secured by a first mortgage on the real property in an urban renewal area, or any part thereof, shall be securities in which all the following persons, partnerships, or corporations and public bodies or public officers may legally invest the funds within their control: (1) Every executor, administrator, trustee, guardian, committee or other person or corporation holding trust funds or acting in a fiduciary capacity; (?) Persons, partnerships and corporations organized under or subject to the provisions of the banking law (including savings banks, savings and loan associations and trust companies); (3) The State Bank Commissioner or the Commissioner of Securities as conservator, liquidator, or rehabilitator of any such person, partnership or corporation; (4) Persons, partnerships, or corporations organized under or subject to the provisions of tne. insurance law; (5) Fraternal benefit societies; and (6) The State Commissioner of Insurance as conservator, liquidator, or rehabilitator of any such person, partnership or corporation. Any mortgage on the real property in an urban renewal area, or any part thereof, may create a first lien, or a second or other junior lien, upon such real property. M. Any urban redevelopment corporation may lease, sell, grant, dedicate or otherwise dispose of any or all of the real property acquired by it for the purposes of a redevelopment project. In the event of the sale by reason of foreclosure or other disposition of real property of any urban redevelopment corporation by voluntary transfer or otherwise, or by reason of the foreclosure of any mortgage or other lien, through insolvency or bankruptcy proceedings, by order of any court of competent jurisdiction, by voluntary transfer or otherwise, the purchaser of such real property of such redevelopment corporation shall continue to use, operate and maintain such real property in accordance with the provisions of the urban renewal plan. N. Any urban redevelopment corporation may accept grants or loans of money from the Federal Government or any department or agency thereof. 38 -?0 O. Any corporation organized under the laws of the State of Oklahoma, or admitted to do business in the State of Oklahoma, shall have power to purchase shares of stock of an urban redevelopment corporation organized under the provisions of this article. SECTION 38 -118. PERSONAL INTEREST OF PUBLIC OFFICIALS OR EMPLOYEES IN PROJECT OR PROPERTY No public official or employee of a municipality (or Board or Commission thereof ),, and nc Commissioner or employee of an urban Renewal Authority which has been vested by a municipality with urban renewal project powers under this article, shall voluntarily acquire any personal interest, direct or indirect, in any urban renewal project, or in any property included or planned to be included in any urban renewal project of such municipality or in any contract or proposed contract in connection with Such urban renewal project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the municipal governing body. If such official, Commissioner or employee presently owns or controls, or owned or controlled within the preceding two (2) years, any interest, direct or indirect. in any property which he knows is included or planned to be included in an urban renewal project, he shall immediately disclose this fact in writing to the municipal governing body, and any such officials, Commissioner or employee shall not participate in any action by the municipality (or Board or Commission thereof), or Urban Renewal Authority affecting such property. The disclosure required to be made by this section to the municipal governing body shall concurrently be made to the Urban Renewal Authority which has been vested with urban renewal project powers by the municipality pursuant to the provisions of' this article. No Commissioner or other officer of any Urban Renewal Authority, Board or Commission exercising the powers pursuant to this article shall hold any other public office under the municipality other than his commissionership or office with respect to such Urban Renewal Authority. Insofar as the provisions of this article are inconsistent with the provisions of any other law, the provisions of this article shall be controlling. The powers conferred by this article shall be in addition and supplemental to the power conferred by any other law. SECTION 38 ®120, TAX INCREMENT ALLOCATION DISTRICT AUTHORIZED - HEARING A. At the time of adoption of an urban renewal plan pursuant to this act, or subsequent thereto, the municipal governing body may designate the urban renewal area to be a tax increment allocation district by either resolution or ordinance. B. Before a municipality may designate a tax increment allocation district. the municipal governing body shall hold a public hearing thereon, after public notice thereof by publication at least one time not less than fifteen (15) days prior to the date of such public hearing, in a newspaper having general circulation in the area of operation of the municipality, and by posting not less than five public notice signs, each having at least nine (9) square feet of display area, for a period of fifteen (15) successive days including the day of the public hearing for which notice is being given, in the area to be included in the 39-21 proposed tax increment allocation district. Public notice may be combined with public notice of a hearing on an urban renewal plan or an amendment thereto. C. Following such hearing, the municipal governing body may designate an urban renewal area to be a tax increment allocation district if it finds that the designation of such district is necessary or desirable in achieving the objectives of one or more urban renewal or urban redevelopment projects. (Added, effective 1 I - 1 -83). SECTION 38 -121 Ate VALOREM TAX MAY BE APPLIED Notwithstanding any other statutory provision, it is hereby stated that the costs of undertaking and carrying out urban renewal or urban redevelopment projects and the repayment of interest and principal on bonds issued under this act are valid and lawful objects to which any revenue derived frorn ad valorem taxes levied under subsection (a) of Section 9 of Article X of the Oklahoma Constitution and not apportioned for the use of school districts under subsection (a) of Section 9 of Article X of the Oklahoma Constitution or Section 2495 of Title 68 of the Oklahoma Statutes, may be applied. (Added. effective I I - 1 -83). SECTION 38-122. NOTICE TO COUNTY OFFICERS - ASSESSMENT OF DISTRICT A. After the designation by the municipal governing body of a tax increment allocation district, the city clerk shall transmit a copy of the description of the district, a copy of the resolution or ordinance designating the district and a map or plat indicating the boundaries of the district to the clerk, assessor and treasurer of the county in which the tax increment allocation district is located. These documents shall be transmitted as promptly as practicable following the designation of the district, but in any event on or before January I of the next year following the designation of the district. B. As soon as possible after the documents referred to in subsection A of this section have been received by the county assessor's office, the county assessor shall assess the value of all real property located in the tax increment allocation district. This assessed valuation, hereinafter referred to as the "base year net assessed valuation ", shall be certified to the county clerk and the city clerk on•or before July 1 of the next year following the designation of any tax increment allocation district. (Added, effective 11- 1 -83). SEC'T'ION 38 ®123. APPORTIONMENT OF MILLAGE - METHOD OF COMPUTATION For every year in which tax increment allocations are used by a city or an Urban Renewal Authority, the county excise board shall apportion to the city in which such tax increment allocation district is located, a part of the millage authorized by subsection (a) of Section 9 of Article X of the Oklahoma Constitution. The procedure for apportioning such millage shall be as follows: 1. Upon notice of such use by the city, the county assessor shall reassess the amount of increase from the base year net assessed valuation of real property within a tax increment allocation district and shall certify such amount to the county clerk and the county excise board before July I of each year. Such amount, to the extent not already included, shall be added to the net assessed valuation of the tax increment allocation district and the total shall be referred to as the current year net assessed valuation; 3 8 -22 ?. The county excise board shall then determine the amount to be apportioned. The procedure for determining such amount shall be as follows: a. compute the revenue derived from the tax increment allocation district's base veal- net assessed valuation by multiplying the total millage levied durinua the prior year against the base year net assessed valuation of the tax increment allocation district, b. compute the revenue derived from the tax increment allocation district's current year net assessed valuation by multiplying the total millag;e levied during; the prior year against the current year net assessed valuation of the tax increment allocation district, c. compute the incremental tax revenue of the tax increment allocation district subtractin- the revenue derived from the base year net assessed valuation from the revenue derived from the current year net assessed valuation, and d. divide the incremental tax revenue by the current year net assessed valuation of the city in which the tax increment allocation district is located. The result represents the amount of millage to be apportioned by the county excise board to the city in which the tax increment allocation district is located; 3, The county excise board shall then apportion such arnount to the city, for use for urban renewal and urban redevelopment purposes, in accordance with Section 2495 of Title 68 of the Oklahoma Statutes, provided that in no event shall the apportionment authorized by this section exceed one -half (1/2) mill; and 4. Such allocations with respect to a tax increment allocation district shall terminate upon the expiration of thirty (30) years or such earlier date as may be determined by the municipality. (Added, effective 1 1-1-83). 3 8 -23 9M TO: PLANNING COMMISSION CITY OF OWASSO FROM: ERIC WILES COMMUNITY DEVELOPMENT DIRECTOR SUBJECT. AMENDMENT TO ZONING CODE RELATING TO SEXUALLY- ORIENTED BUSINESSES — PROPOSED ORDINANCE NO. 777 DATE: March 3, 2004 In January 2004, the staff was directed to study and present a proposed amendment of the Owasso Zoning Code to the Planning Commission and City Council. Specifically, the staff was asked to revisit Section 650 — Location of Sexually-Oriented Businesses. The staff considered the separation requirements in the code for sexually-oriented businesses between other such businesses, churches, schools, parks, and residentially-zoned areas. Currently, the requirements are as follows: no sexually-oriented business shall be located within five hundred (500) feet of a church, school, or park or within three hundred (300) feet of areas zoned residential or within three hundred (300) feet of a nonarterial street which provides access to a residentially zoned area. Sexually-oriented businesses are allowed by right in CS and CG Commerci;?,l districts and by Special Exception in IL, IM, and IH Industrial districts. A UP NUK'' Sexually-oriented businesses are defined as: 1) Businesses of adult amusement or entertainment, 2) Adult bookstores, 3) Adult mini motion picture theaters, 4) Adult motels, 5) Adult motion picture arcades, 6) Adult motion picture theaters, 7) Massage parlors, 8) Model studios, and 9) Sexual encounter centers. Detailed descriptions of these specific businesses are listed in Section 650 of the zoning text that is attached with this memorandum F2 111-901- —1 1"i � N � I I X N a I I Will rill liqIIIIII III iiiiiiiji'l�ilillill III 1. Proposed ordinance that would amend the zoning code =Ib. 777 2. Current zoning code section pertaining to sexually-oriented businesses WTI' W, K, -41, a 04 11 IVUVAMBI'mi OKLAHOMA, THAT, TO-WIT: SECTION ONE: Part 12, Planning, Zoning and Development, Chapter 2, Commerci District Provisions of the Zoning Code of the City of Owasso, Oklahoma, ZonmHt Regulations, Section 12-201, Zoning Regulations Adopted, Section 12-201(6), Chapter said Zoning Code, Commercial District Provisions, Section 650.2, Prohibition, shall b-. amended as follows, No person shall cause or permit the establishment of any of the sexually oriented businesses as defined in Section 650. 1, in an area zoned other than "CS" and "CG". In addition, no person shall cause or permit the establishment of any of the sexually oriented businesses, as defined in Section 650.1, within one thousand (1000) feet of any other sexually oriented business, or within one thousand (1000) feet of a church, school, (type The establishment of a sexually oriented business shall include the opening of such bus'-less as a new business, the relocation of such business, the enlargement of such business, in either scope or area, or the conversion of an existing business location of any of the uses described in Section 650.10 Nothing in this Ordinance is intended to make legal any business or activity that is expressly declared illegal under the provision of this Code or under any state or federal laws. SECTION TWO: Any ordinance(s) or part(s) thereof in conflict herewith are hereby expressly repealed. SECTION THREE. The provisions of this ordinance shall become effective thirty (303 days from the date of passage and publication as is provided by state law. Ronald D. Cates, City Attorney IM SECTION 640 SPECIAL EXCEPTION USES IN COMMERCIAL DISTRICTS, REQUIREMENTS 1® Multi-Family use, where permitted by special exception, shall . comply with the bulk and area requirements of the RM-2 District. 20 Except as provided above, all special exception uses shall com- ply with the bulk and area requirements of the use district in which located® SECTION 650 LOCATION OF SEXUALLY-ORIENTED BUSINESSES 660 ®1 Definitions As used in this Section, the terms sexual conduct and specified anatomical areas shall mean as follows: 1. Sexual Conduct includes the following: (a) The fondling or other touching of human genitals, pubic region, buttocks, or female breasts; (b) Ultimate sex acts, normal or perverted, actual or stimulated, including intercourse, oral copulation, sodomy; (c) Masturbation; and, (d) Excretory functions as part of or in connection with any of the activities set forth in (a) through (c) above® 2� Specified Anatomical Areas includes the following: (a) Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola® (b) Human male genitals in a discernible I turgid state, even if completely and opaquely covered® For purposes of this Ordinance, the sexually-oriented businesses are de- fined as follows: M 3. Adult Mini Motion Picture Theater: An enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing Sexual Conduct or Specified Anatomical Areas. No person shall cause or permit the establishment of any of the sexually- oriented businesses as defined in Section 650.1, in an area zoned other than "CS" and "CG". In addition, no person shall cause or permit the es- tablishment of any of the sexual ly-oriented businesses, as defined in W The establishment of a sexually- oriented business shall include the opening of such business as a new business, the relocation of such busi- ness, the enlargement of such business in either scope or area, or the conversion of an existing business location of any of the uses described in Section 650.1. Nothing in this Ordinance is intended to make legal any business or acti- vity that is expressly declared illegal under the provision of this Code or under any state or federal laws. SECTION 660 SITE PLAN REVIEW 660.1 purposes (a) Proposed location of uses, including off-street parking desigr and layout (see Chapter 11 for minimum required dimensions an4t design standards) d open spaces and public (b) Location, height, and size of buildings and other structures, M s TO: THE HONORABLE CITY Y OF OWAS` .. FROM: MARCIA BOUTWELL SPECIAL PROJEA CTS a � A. §. DATE: 4 MUSEUM POLICIES & PROCEDURES MARCH 16, 2004 PAGE 2 The Museum Advisory Board hold their regular meeting on February 12, 2004 and voted unanimously to approve the Policies & Procedures document, and to recommend the document tS the City Council for action. Staff recommends City Council approval of the Owasso Historical Museum Policies and Procedures document, and authorization for the Mayor to execute the document. ATTACHMENT: MISSION STATEMENT It shall be the mission of the Owasso Historical Museum to collect, preserve, and exhibit objects and materials relating to the history of the city of Owasso and surrounding area, and to provide related educational services for the purpose of increasing and enriching public knowledge of the history and heritage of the area. STATEMENT OF AUTHORITY ATTACHMENT RW= The Owasso Historical Museum and all associated authorities accept and follow the Code of Ethics as published by the American Association of Museums. Such document is made a part of these Policies and Procedures and is available in the office of the Museum Director. 1. The Museum will collect manuscripts, records, books, and other written and printed materials; photographs, prints, paintings, and other visual materials; tapes, recordings, and other oral history materials; equipment, finpis hings, clothing, , and other natural, commercial, institutional, and personal objects of the past; and other items of historical interest. 2. The Museum may choose to not accept items which are in poor condition, which duplicate similar items in the collections, or which are not contemporary with the time period they depict. 3. Only unrestricted gifts • purchases will be accepted for the collections. All donations shall be considered outright and unconditional gifts to be used at the discretion of the Museum. Exhibits may be changed periodically, therefore no donation can be considered on permanent exhibit. IM III 111 1 IN I iiiiiiiiii I � !111 _I I i I • 1. All acquisitions (gifts) must be recorded • a gift form (Attachment "A") signed • the donor and the person temporarily receiving the gift. Donors may receive a copy • the gift form at the time if they desire. When the gift has been officially accepted, the donor will receive a ffilly executed copy • the gift form. The gift form shall contain a description of the item, and as much background information as the donor is able to supply. 2. Donations are tax deductible under Section 501c(3) of the U.S. Internal Revenue Code, but Museum personnel will not assign a value to the donation. Museum Policies and Procedures — Page 2 3. For items accepted on loan, a loan agreement (Attachment "B") must be completed and signed by both the donor and the person temporarily accepting the donation. If the loan is approved by the Museum Advisory Board, the loan agreement will be signed by the Museum Advisory Board Chair and a copy sent to the donor. When the item is returned, it will be acknowledged on the loan agreement. Accessioning is the process of accepting items into the permanent collections of the Museum. All items shall be processed under the following procedures: 1. All items accepted in the permanent collections of the Museum shall be assigned accession numbers, and shall be indexed by category, date of acquisition, and name of item. 2. An inventory of all items in the permanent collections shall be electronically maintained, and shall be updated as items are accessioned and deaccessioned. Hard copies of the inventory shall be made available to any member of the Owasso Historical Society, Museum Advisory Board, or Museum staff upon request, 3. At some time during the first quarter of each year, an inventory will be taken comparing the inventory records and the physical collections to ensure that acquisitions and deaccessioned items have been entered into the inventory records, and to ensure that no items have been misplaced, removed, or stolen. Museum Director shall coordinate the inventory, and Owasso [listorical Society members shall provide assistance. 1. The Owasso Historical Museum shall provide non-discriminatory access to historical resources through its exhibits and colle,-�tiov_-, tours, educational programs, publications, electronic media, and research. 2. The use of tobacco in any form is prohibited in the Museum. Food or drink will not be allowed in any exhibit rooms within the Museum. Food and drink may be consumed in the work room/kitchen and in the office. 4. Children under 12 years of age must be accompanied by a responsible adult who will zssure their proper conduct. Visiting educational groups must include at least one adult per each 10 children. If children are under the age of eight, it is advised that there be at least one adult per ,zci six ciil(6 el_ i. 5. Museum staff, including volunteers, are authorized to terminate the visit of any person or group whose conduct is deemed to be a threat to the collections, site, or to other visitors. Museum Policies and Procedures — Page 3 6. Artifacts shall be used for display purposes only, unless designated as education materials. Only members of the Owasso Historical Society, Museum Advisory Board, and Museum Staff shall handle any artifacts. 7. Artifacts may be photographed, but the use of flash units is prohibited where the light is deemed harmful to the item or adjacent materials. If material is to be reproduced for publication, permission must be obtained from the Museum Director, the Owasso Historical Museum must be acknowledged as the source, and one copy of the publication must be donated to the Owasso Historical Museum's collection. DEACCESSIONING Deaccessioning is the process of permanently removing items from the Museum collections, The process shall be cautious, deliberate, and scrupulous. We 44 '4 intend to deaccession items that are from current living donors. The Museum will only deaccession items from its collectiE.. s for the following reasons: 1. The item is a duplication or a better example of an item already in the collection. 2. The authenticity of the item is questionable. 3. The item has deteriorated beyond usefulness. 4 The Musewn cannot properly care for the item. 1111111�pq !!I I I 1p� I �� I I g� lilpqgi — ,,I Q I � 1 31111! ��i 1 � 11 - - I V A a ISISN�Xm practices available for proper handling, conservation, exhibition, storage, and documentation of all items within the Museum. Museum Policies and Procedures — Page 4 AMENDING POLICIES AND PROCEDURES The Museum Advisory Board may recommend to the Owasso City Council amendments to the Policies and Procedures document. Final authority for amendments rests with the City Council, The Policies and Procedures document shall be reviewed by the Museum Advisory Board at a minimum of every three years. EFFECTIVE DAPf--,' This Policies and Procedures document shall be approved by the Museum Advisory Board for recommendation to the Owasso City Council, and shall become effective immediately upon approval by the City Council. Approved by the Museum. Advisory Board for recommendation to the Owasso-City Council this /� — day of 20 Voss, Chair Approved by the Owasso City Council this _ day of _ _ 20 Museum Policies and Procedures — Page 5 Off ASSO HISTORICAL MUSEUM 26 SOUTH MAIN OWASSO, OKLAHOMA 74055 918-272-4966 DEED OF GIFT & AGREEMENT Signature of Donor DATE City/State/Zip �Mt FOR THE MUSEUM DATE TITLE (Museum DirectorNolunteer/Owasso Historical Society Member) The Owasso Historical Museum hereby accepts the gift of the item(s) 'described in this i'ocument. Signed DATE (Signature & Title of Museum Representative) 1. What is the proper name for the object? 20 How was the object used? A. 'When? B. Where? C. How long? D. By whom? 3. Who manufactured the object? A. When? B. Where? - Co How was it made? D. How long was this type of object manufactured? 5. Has any modification, repair or restoration been taken with the object? Yes A. If yes, what are the modifications? C Are there documents with the object, such as sales slips, warranties, etc? Yes A. If yes, what are the documents? B. Are they of the donation? 70 Are there photographs of the object being used, worn, etc. by any of the owners? Yes No — A. If yes, are they part of the donation? s c- S - •r� 26 SOUTH MAIN OWASSO, OKLAHOMA 74055 918-272-4966 LOAN AGREEMENT The Owasso Historical Museum agrees, subject to the terms and conditions printed on the reverse side of this agreement, to accept the loan of the object(s) described below for a period of no longer than six months. The time period of the to shall begin on and end on Name of Lender Phone# TITLE/DESCRIPTION CONDITION LENDER'S VALUE I hereby acknowledge that I am authorized to tend the objects listed above to the Owasso Historical Museum and that I have read and agree to abide by the terms and conditions printed on the reverse side governing this loan. WZ��� Date: The Owasso Historical Museum gratefully acknowledges receipt of the object(s) listed above for the time period indicated. (Signature of Authorized Museum Representative) Printed Name & Title: M F&M M- Objects loaned to the Owasso Historical Museum shall remain in its possession for the time specified on the reverse side of this agreement unless specific arrangements are made for a different time. Objects may be withdrawn from exhibition only by mutual consent of the Lender and the Director of the Owasso Historical Museum. CARE AND PRESERVATION T e Owasso List rival Museum will give to objects on loan +,be same care as if does to its ov M. Ih .. W a � V%1. A— - property. It is understood by Lender and Museum that all tangible objects are subject to gradual inherent deterioration for which neither party is responsible. N® alterations, restoration, or repair to loaned objects will be undertaken by Museum. The Owasso Historical Museum does not carry insurance on loaned items. If the Lender desires that the item(s) be insured, the Lender must maintain his/her own insurance coverage. If the lender does not carry insurance on the item(s), this loan agreement shall constitute the agreement of the Lender to release and hold harmless the Owasso Historical Museum fi-om any liability for damage to or loss of the loaned property. Total number of objects Total value mw� Unless the Owasso Historical Museum is notified in writing to the contrary, it,is understood tha) the objects on loan may be photographed and reproduced for publicity -nd educational purposes connected with this exhibition, subject to the Museum Policies & Procedures (Access #7). It is understood that objects • exhibit may be photographed • the general public. fflr-�� = Will i 11�� 11 1� ri� ff.knature of Lender: DAR- MIN � �X�d = TO: THE HONORABLE MAYOR & CITY COUNCIL CITY OF OWASSO FROM: MARCIA BOUTWELL SPECIAL PROJECTS DIRECTOR CHRISROBERTS PUBLIC WORKS FIELD OPERATIONS MANAGER SUBJECT. FAIRVIEW CEMETERY OPENING & CLOSING FEES DATE: March 16, 2004 Because opening and closing fees have not changed since December 2, 1986, Public Works staff was asked to analyze the costs associated with a burial and discovered that the fees being charged by the city do not cover the actual costs associated with opening and closing a &ave. Staff also contacted area cemeteries to determine the fees charged. For a regular weekday opening and closing, those fees range from a low of $215 in Collinsville to a high of $795 at Rose Hill in Tulsa, or an average of $500. Ridgelawn (Collinsville) $215 Graham (Pryor) $250 Rest Haven (Sperry) $350 Graceland (Owasso) $450 Green Acres (Skiatook) $575 Floral Haven (Tulsa) $740 Memorial Park (Tulsa) $775 Ross Hill (Tulsa) $795 Fairview (Owasso) $200 OPENING & CLOSING FEEI MARCH 16,2004 PAGE 2 Based on staff analysis of costs to the city for a burial, and fees charged by area cemeteries, staff is proposing the following fee schedule for the opening and closing of burial spaces at Fairview Cemetery: I . Resolution #2004-04 2. Resolution #t6- so on #94-11 RESOLUTION NO. 2004-04 INGRA"j, MUM M'' Wommalm A. $400.00 — Monday thm Friday (except Holidays) B. $500.00 — Saturday Section 3. That the following fee schedule be adopted for the opening and closing of burial spaces within Faft-view Cemetery to contain cremains- A. $200.00 — Monday thru Friday (except Holidays) B. $250.00 ® Saturday APPROVED AND ADOPTED this 16" day of March, 2004 by th,- City Council of the City of Owasso, Oklahoma. ATTEST: Gary Cochran, Mayor Sherry Bishop, City Clerk Ronald D. Cates, City Attorney CITY OF OWASSO, OKLAHOMA RESOLUTION NO, 86-15 A RESOLUTION AMENDING RESOLUTION NO. 77-1, ESTABLISHING THE PRICE OF SINGLE GRAVE SPACES AND BURIAL LOTS, AND AMENDING RESOLUTION NO< 77-2, ESTABLISHING THE FEES FOR OPENING AND CLOSING OF GRAVE SPACES AND/OR BURIAL LOTS IN FAIRVIEW CEMETERY. WHEREAS, the City Council of the City of Owasso, Oklahoma, has under consideration, the amending of prices for single grave spaces and burial lots in Fairview Cemetery; and WHEREAS, there is an increased demand for said spaces and �.ots- and WHEREAS, space is becoming less available in said cemetery; and WHEREAS, it would be in the interests of the City of Owasso and in the public interest to raise and establish the price of said spaces and lots. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 'THE CITY OF OWASSO, OKLAHOMA: Section 1. That the price of single grave space and/or burial �lot in Fairview Cemetery shal be Three Hundred Dollars and no/100 ($300-00) per single space and/or single lot. WHEREAS, the City Council of the City of Owasso, Oklahoma wishes to change the fee schedule for the opening and closing of grave spaces and/or burial lots in Fairview Cemetery; and WHEREAS, the City cannot continue the present fee schedule in effect without the loss of substantial revenue; and WHEREAS, it would be in the interest of the City of Owasso and the public interest to raise and establish new fees for the opening and closing of grave spaces and/or burial lots. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA: Section 2. That the following fee schedule be adopted for the opening and closing of grave spaces and/or'burial lots with- in Fairview Cemetery: A. $200.00 for weekdays B. $300.00 for Saturday A.M. C. $400.00 for Saturday P.M. PASSED,,,A N-D APPROVED this 2nd day of December, 1986 Kenneth M. Wood, Mayor (SEAL) ATTEST: Jan2,,,j(uchanan, City Clerk CITY OF OWASSO, OKLAHOMA RESOLUTION NO 94 -11 SINGLE A RESOLUTION AMENDING RESOLUTION NO 86-15, ESTABLISHING THE PRICE OF n ,F BURIAL FEES FOR OPENING AND CLOSING OF FAIRVIEW CEMETERY. WHEREAS, the City Council of the City of Owasso, Oklahoma has under consideration the ainending of the fee schedule for the opening and closing of burial spaces in Fairview Cemetery; and WHEREAS, the City Council of the City of Owasso, Oklahoma wishes to establish a fee schedule for the opening and closing of burial spaces in Fairview Cemetery to contain cremains: and WHEREAS, the price of a single burial space in Fairview Cemetery shall remain the same. OKLAHOMA: NOW THEREFORE, BE IT RE, SOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, Section 1. That the price of a single burial space in Fairview Cemetery shall be Three Hundred Dollars ($300.00). Section 2.. That the following fee schedule be adopted for the opening and closing of burial spaces within Fairview Cemetery: A. $200.00 - Monday thru Friday (except Holidays) B. $300.00 - Saturday Section 3. That the following fee schedule be adopted for the opening and closing of burial spaces within Fairview Cemetery to contain cremains: A. $100.00 - Monday thru Friday (except Holidays) B. $150.00 - Saturday APPROVED AND ADOPTED this 6th day of September, 1994 by the City Council of the City of Owasso, Oklahoma. Jerry Duke, Mayor ATTEST: . /? �' d A a- �) (R � , "- &' V- /- z Marc Bo � el , Cit Clerk AS TO FORM: Ronald D Cates, City Attorney UE CITY PL.1, NNER ANNEXAT19ORN — (OA 04-02) MARCH 10, 2004 FIRST FREE WILL BAPTIST C1ffURC11 The subject site's current zoning is AG (Agricultural District) — Tulsa County. The subject property is surrounded by AG (Agricultural District) — Tulsa County on all sides except for Hwy 169 to the east. Staff has received a petition from the First Free Will Baptist Church, requesting that the City of Owasso annex approximately 42 acres of property. At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of facilities to the site which would include an addition to the existing church, private faith-based school and day care and the addition of senior housing and sports fields. If the property is annexed into the city the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat and site plan review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The property is currently inside the City of Owasso sewer service area and water is served by the Rural Water District #3 of Washington County. The Owasso 2010 Land Use Master Plan calls for high intensity commercial and institutional (school) development to occur in that general area. Staff published legal notice of the annexation petition in the February 19, 2004 edition of the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius. To this date staff has received no phone calls or correspondence concerning the request. On February 25, 2004 the Owasso Annexation Committee convened to consider the request, t Committee consists of City department directors, representatives of the Owasso City Counc, Planning Commission, the Owasso school board and citizens at large. The Owasso Annexati Committee concluded that the request is consistent with the Owasso Annexation Policy a thereby unanimously recommended approval of the request. I On March 8, 2004 the Owasso Planning Commission held a public hearing to consider the request. At that meeting the Commission unanimously recommended approval of the request for annexation. There were no comments from the general public. Staff recommends approval of OA 04-02 to annex the subject property into the city limits of Owasso. 1. Applicants Annexation Petition 2. General Area Map and site survey 3. City of Owasso Annexation Policy. 4. Copy of the February 25, 2004 Annexation Committee Minutes 5. Legal Notice. BEFORE THE HONOF. -ABLE CITY COUNCIL OF THE CITY OF OWASSO, OK PETITION FOR ANNEXATIO N The members of the First Free Will Baptist Church of Owasso, 13413 East 106"' Street North, Owasso, Oklahoma, 74055, having a quorum, met in'ousiness on August 24, 2003 ;see attached;, do seal io.n for the property hereinafter situated in Tulsa County, b ��alllexats�,�b � L Oklahoma, to wit: GAL DESCRIPTION Said tract contains 42 acres more or less and will be used for a church, private faith -based school, clay care, senior housing development and sports fields. Being a territory adjacent to and contiguous to the incorporated City of Owasso, Oklahoma and not presently embraced within the limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the city limits of said city. Dated the 29th day of January, 2004 Sid Foster Chairperson of the General Hoar €! Rejoice Free Will Baptist Church August 24, 2003 Pastor Leonard Pirtle read Ephesians 3:14 -21 Called into Church In Action business conference by Pastor Leonard Pirtle. Pastor Pirtle gave an overview of the new gym expansion project. We want to add a 35' X 120' expansion to existing gyre. We still have 13 acres available that we could purchase. We need to add two Sunday School times, and three worship hours (the new worship time at 9:45 a.m. in the gym.) We are presently $1.4 million in debt now; we want to retire our debt, not add to it. Pastor Pirtle presented Casey Cariker as staff growth campaign coordinator; and Ron Hall as the Steering Committee Chairman. Pastor Pirtle led in prayer for wisdom in our decision. Casey Cariker presented the fact that reaching people was our master plan; and that we need to be best stewards of our facility. Sunday, October 5, 2003 will be our kick -off Sunday to this campaign. Our objectives should be: 1) Nigher in Worship (by renovating the gym so we can add a third service during the 9:45 a.m. service.) 2) Deeper in Discipleship (by preparing to add a second Sunday School at 11 a.m.; we will be able to disciple 200300 more adults each week) 3) Stronger in Fellowship (by building an expansion west of our gym; allowing Wednesday night dinners; Prime- timers fellowships; and wedding receptions) 4) Widt-Y in Partnership (by partnering with our school ministries for a new lunch expansion and bleacher space; youth ministries and gym renovations; and children's renovation) 5) Greater in Stewardship (by continuing to teach Biblical stewardship through our preaching, teaching and classes like Financial Peace University) Ron Fall reminded us how our church has progressed, and grown since our move from our Atlanta location. We have made an investment in eternity for our families. Our objective is to reach and develop more people. Pastor Pirtle gave an update on our new maintenance director, Troy Wilstead. We were reminded that growth is still coming! And we need to take care of our buildings. Pastor Pirtle gave us some items to consider: (See attached sheet) 1) Contract with Brewer Construction Co. to add a 35'x120' extension to our existing gyro. Cost not to exceed $360K total. 2) Conduct a "faith raising" program to pay for the project through cash gifts and commitments. The campaign would run October 5-November 16, 2003; with all funds turned in by January 2005. 3) Seek annexation for all 42 acres with the City of Owasso. (Pastor Pirtle and the General Board will pursue and handle.) It was made known that Rejoice Christian School has committed $1501 to this project. We want this to be completely funded by January 2005. Construction would take approximately six months. Questions and comments from the floor were answered by Pastor Pirtle. Motion made and seconded. Passed. Pastor Pirtle presented Casey Cariker as staff coordinator, and Ron Hall as director of the steering committee, Note: Trustee Board will oversee construction work, working with the Final Lce Committee and RCS. Motion made and seconded. Passed. A faith raising campaign be conducted for this campaign to begin October 5-November 16, 2003; to be directed by Ron Hall, and a steering corrunittee to assist him. Motion made and seconded. Passed. A motion was made to seek annexation for all 42 acres with the City of Owasso. Motion made and seconded. Passed. (Note: the committees would work with the city of Owasso; not Tulsa County.) Motion made and seconded. Passed. Motion made to adjourn. Dismissed in prayer. Respectfully Submitted, Jeanette Hall, Church Clerk • 9936 EAST 55TH PLACE TULSA, OKLAHOMA 74146 • (918) 063 -6924 EXHIBIT O 9" =200' PROPERTY TO BE ANNEXED INVIOCE #:10091 DENT: OWASSO FREEWILL. ®APTIST CHURCH ?TJ EASEMENT fOR S£PAC SYSTEM 2 STORY BRICK & METAL SUILOING 100.` S I'IJ S506, 1040.90° N Ba•44;r7° E� w �d a l 3� �y 2 STORY BRICK METAL BU/LOING ®� �J•7 %5" / W 9 O h I STORY BRICK & METAL BU /GOING /I I 120.00' 20' WATER FASEMENT S 8844'40° W 7 CORNIR OF 7.5' SL OF WSJ $0. J0' IN D, 402.40 175' U/E 94.25' V2 a. •ns'01 W N 88'44'40" W 50,oa° N 1'1520° W LEGAL DESCRIPTION LOT ONE (1), BLOCK ONE (1), OWASSO FREEWILL BAPTIST CHURCH, A SUBDRRSION IN THE SOUTUXALST SOUTHWEST TOWNSHIP TWENTY-ONE (21) NORTH, RANNGEQFOURTEEN ((14) EAST) AND SA TRACT NOFELAND THAT IS PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE /4 SW /4) OF SECTION NWE (9), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN BASE AND MERIDIAN, STARTING AT THE SOUTHWEST CORNER OF THE SE /4 SW /4 OF SAID SECTION 9; THENCE N B8° 44' 40" EAST ALONG THE SOUTHERLY LINE OF SAID SECTION 9 FOR 390.00 FEET; TMCE N O1° 13' 68" TEST AND PARAll.EI, WITH THE WE 71.42 LINE OF THE SE /4 SW /4 FOR 71.42 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THENCE CONTINUING N 01° 13' 58" WEST AND PARALLEL WTTE THE WESTERLY LINE OF SAID SE /4 SW /4 FOR 1002. 88 52 FEET; THENCE N . 44' 37" EAST FOR 593.73 FEET; THENCE S il° 12' S9" WEST, PARALLEL WITH AND 100.00 FEET WESTERLY OF AS MEASURED PERPENDICULAR TO THE WESTERLY RIGHT -OF -WAY LWE OF US -169 FOR 372.31 FEET TO THE NORTHEAST CORNER OF LOT 1, BLOCK 1. OWASSO FREEWILL BAPTIST CHURCH, THENCE S 88" 44' 37" WEST ALONG THE NORTHERLY LINE OF SAID LOT 1 FOR 453.47 FEET TO THE NORTHWEST CORNER OF LOT 1: THENCE S O1° 13' 58" EAST ALONG THE WESTERLY LINE OF LOT I FOR 633.00 FEET TO THE SOUTHWEST OCORNER OF LOT i; THENCE 8 83° 02' 02" WEST ALONG THE NORTHERLY BEGINNING OF FAY LINE OF US -189 WEST EMT RAMP FOR 80.30 FEET TO THE POINT AT THE SOUTHWEST CORNER OF THE SE /4 SW /4 OF SAID SECTION; OTHENCE BEGINNING 44' 40" EAST AND ALONG THE SOUTH LINE OF SAID SE /4 SW /4 A DISTANCE OF 175.93 FEET; THENCE N 1° 15' 20" WEST A DISTANCE OF 50.00 FEET; THENCE N 83° OF' 52" EAST A DISTANCE OF 215.18 FEET; THENCE N 1° 13' 58° WEST A DISTANCE OF 1002.52 FEET; THENCE S 88° 44' 37" WEST A DISTANCE OF 390.02 FEEL' TO THE WEST LINE OF THE SE /4 SW /4; THENCE S 1° 13' 58' EAST A DISTANCE OF 1073.93 FEET TO THE POINT OF BEGINNING; AND A TRACT OF LAND BEGINNING AT A POINT 1073.93 FEET NORTH OF THE SOUTHWEST CORNER OF THE SE /4 SW /4 AND ON THE WEST LINE OF SAID SE /4 SW /4 THENCE N 88° 44' 37" EAST A DISTANCE OF 983.75 FEET TO A POINT 100.00 FEET WEST OF AND AT A RIGHT ANGLE TO THE WEST LINE. OF US -189: THENCE N 11. 17' 10" &1ST A DISTANCE OF 74.14 ET; THENCE N 3° 15' 37" EAST A DISTANCE. OF 005.72 FEET; THENCE N L° 13' 03" WEST ➢ISTANCE OF 249.85 FEET; THENCE S 68° 44' 37" WEST A DISTA=NCE OF 1040.98 FEET TO A POINT ON THE WEST IINE or cam c/, —,,. ,•:=,.> n .° ._. ._ _. _..._ / f � _ /� ,•'NTH ANNEXATION I The following annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. MI, MI, TUT-T-tyl—M N11NUTES OF SPECUL NffiETING Wednesday, February 25, 2004 5:00 PIM I I I N Main Street, Owasso, Oklahoma .MFA0ER.S VRESENT -MEMBERS ABSENT STAFF PRESENT Steve CatadueL Rickey Hayes Duane Cuthbertson Chief Dan Yancey Dale Prevett Craig Thoendel Robert Carr Dan Salts Bill Roach Eric Wiles Ken Fisher Ron Cates Tim Rooney the intentions and goals of the developer are consistent with the Owasso 2010 Land Use Master Plan. Mr. Cataduella motioned to approve the annexation request. Mr. Wiles seconded the motion. The motion carried 5-0. 5. ADJOURNMENT -- Mr. Cataduella moved, seconded by Mr. Thoendel, for adjournment, the motion carried 5-0. The meeting was adjourned at 5:20 PM. NOTICE H PUBLIC HEARING ii PROPOSED ANNEXATION O THE CITY OWASSO, OKLAHOMA Hy MA Rism low Notice is hereby given that a public hearing will be held before the Owasso Planning Conunission, in the Old Central Budding, 109 N+ Birch, Owasso, Oklahoma, at 7.00 P.M. on the 8h day of larch, 2004. At that time and place, consideration will be given to the petitioned annexation of the following described property: City of Owasso Community Development Department M. TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHRERTSON CITY PLANNER SUBJECT: ANNEXATION — (OA 04-03) .G. S® DATE- MARCH 10, 2004 The Gorilla Recreational Park currently exists on the southern half of the subject property, the northern half is vacant. Rural residential occupy sites north and east. Country Estates is located immediately south. The SK&O railroad forms the western boundary of the subject site. Beyond the tracks exist a horse farm and other agricultural uses. The subject site is currently zoned AG (Agricultural District) — Tulsa County, as are the sites north and west. The property to the east is mostly zoned AG (Agricultural District) — Tulsa County while a portion northeast of the site is zoned for IL (Light Industrial) uses. Country Estates to the south is zoned RS-3 inside the city limits of Owasso. Staff received a petition from Kellogg Engineering, on behalf of D.G. & S., requesting the city to annex approximately 29.80 acres of property. At present time, the property is occupied by a recreational park consisting of batting cages, a golf driving range and other recreational features however it is intended that that facility will cease operation after this year and the site will be cleared for development. At this time it is our understanding the applicant is requesting this annexation petition in order to begin a process that will result in the development of a single- family subdivision quite similar to the Country Estates additions immediately to the south. It is staffs belief that the applicant would like to extend Country Estates northward. The petition was filed on behalf of the developer responsible for the recent Country Estates additions. If the property is annexed into the city the applicant will be required to follow normal development procedures which would include rezoning, preliminary and final plat review. If annexed, any development proposed for the property would be required to meet the Owasso Zoning Code and the Owasso Subdivision Regulations and any appropriate site engineering standards as proscribed by Public Works including but not limited to paved streets and sidewalks. The property is currently served sewer by the City of Owasso and water by the Rural Water District #3 of Washington County. The Owasso 2010 Land Use Master Plan calls for the northward expansion of residential development in that general area. Staff published legal notice of the annexation petition in the February 19, 2004 edition of the Owasso Reporter and letters of notification were mailed to property owners within a 300' radius, To this date staff has i eceived no phone calls or correspondence in opposition of the request, On February 25, 2004 the Owasso Annexation Committee convened to consider the request, the Committee consists of City department directors, representatives of the Owasso City Council, Planning Commission, the Owasso school board and citizens at large, The Owasso Annexation Committee concluded that the request is consistent with the Owasso Annexation Policy and thereby unanimously recommended approval of the request. On March 8, 2004 the Owasso Planning Commission held a public hearing to consider the request. At that meeting the Commission unanimously recommended approval of the request for annexation. There were no comments from the general public. Staff recommends approval of OA 0403 to annex the subject property into the city limits of Owasso. 1. Applicants Annexation Petition 2. General Area Map and site survey 3. City of Owasso Annexation Policy. 4. February 25, 2004 Annexation Committee Minutes 5. Legal Notice. The undersigned, GIVIStiftlting not less than three-fourth of the registered voters and owners of not less than three-fourths (in value) of the hereinafter described real estate situated in Tulsa County, Oklahoma, to wit: The South 411.86 feet of Government Lot One (1) and the South 411.86 of Government Lot Two (2) that is part of the East Right-of-Way line of the AJA S.F. Railroad is Section Six (6), Township Twenty-one (21) North, Range (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U.S. Government survey thereof. Part of Government Lots One (1) and Two (2) of Section Six (6).Township Tw6inty-one (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S, Government Survey thereof, described as follows: Being a territory adjacent and contiguous to the incorporated City of Owasso, Oklahoma, and not presently embraced within the Limits thereof, hereby petitions the City Council of the City of Owasso, Oklahoma, to annex the aforementioned real estate into the City Limits of said City. I'J�iT�Sii�.Y�r`� Subject Property F- 1 267-| | {`7-R[-F-7- K|/'\[}l-1 | E 122 CT w r � / 122 Cr N | E 121 CT N , iJ Dl L- »/ �| LJ CD E 122 ST N W�\/k 1 51 E 122 CT w r � / 122 Cr N | E 121 CT N , iJ Dl L- »/ �| LJ CD ANNEXATION i The followi.,g annexation policy for the City of Owasso is provided as a guideline and should not be construed as inflexible requirements for annexation. M�la MMJTES OF SPECIAL MEETING Wednesday, February 25, 2004 5:00 PM Owasso City Hall Main Conference Room 1 1 1 N Main Street, Owasso, Oklahoma MENIBER.S PRESENT -TVIENIBERS ABSENT STAFF PRESENT Steve Cataduella %-',,;key Hayes Duane Cuthbertson Chief Dan Yancey Date Prevett Craig Thoendel Robert Carr an Salts Bill Roach Eric Wiles Ken Fisher Ron Cates Tim Rooney The meeting agenda was posted in Owasso City Hall, 1 1 1 N Main, at 12:00 PM on February 16, 2004 the intentions and goals of the developer are consistent with the Owasso 2010 Land Use Master Plan. Mr. Cataduella motioned to approve the annexation request. W Wiles seconded the motion. The motion carried 5-0. 5. ADJOURNME NT — Mr. Cataduella moved, seconded by Mr. Thoendel, for adjouniment, motion carried 5-0. The meeting was adjourned at 5:20 PM. NOTICE TO THE PUBLIC OF A HEARING ON A PROPOSED ANNEXATION TO THE CITY OF OWASSO, OKLAHOINIA OA: 04-03 Notice is hereby given that a public hearing -will be held before the Owasso Planning Commission, in the Old Central Building, 109 N. Birch, Owasso, Oklahoma, at 7:00 P.M. on the 8h day of March, 2004. At that time and place, consideration will be given to the petitioned annexation of the following described property: A TRACT OF LAND THAT IS PART OF THE SOUTHERN HALF (S/2) OF THE NORTHEAST (NE/4) OF THE NORTHEAST QUARTER (NE14) OF SECTION 6, TOWNSI-IlP 21 NORTH, ft,.ANGE 14 EAST OF THE I.B.&M., TULSA COUNTY, OKLAHOMA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: owl interested in this matter may be present at the hearing and present their objections to or arguments for any or all of the above matters. For more information on the proposed annexation contact the Owasso Coour unity Development Department, City Hall, i 11 N. Main Street, Owasso, Oklahoma 74055, or phone (918) 376-1500. Dated at Owasso, Oklahoma, this 16`° day of February, 2004. City of Owasso Goan iunity Development Department ffm MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: DUANE CUTHBERTSON CITY PLANNER SUBJECT: REZONING — (OZ 04-02) T DEVELOPMENT DATE: MARCH 10, 2004 The City of Owasso has received a request from Tyann Development, Inc., applicant/owner, for the approval to rezone approximately 35.3 acres of property located south and west of the southwest comer of the N. 129th E. Ave. and E. 96' St. N. intersection. The property lies adjacent to the cast side of U.S. 1-fighway 169. A general area map is attached for your review. The applicant is proposing to rezone the subject property from OM and RS-3/PUD-1 (Office Medium Intensity and Residential Single Family) to CS (Commercial Shopping Center District) in order to construct a commercial shopping center. A general area map and a complete legal description have been attached for your information and review. Proposed Zoning Designation: CS The subject site is currently vacant. U.S. I-Eghway forms the property's northern and western boundary. Smith Elementary occupies the site to the south although there is a substantial strip of undeveloped land between the school structure and the subject site's southern border. Home Depot sits across a large detention pond to the east. The subject site is currently zoned OM and RS-3/PUD-1 (Office Medium Intensity District and Residential Single Family). Again to the north and west is U.S. Highway 169. The property to the south is zoned RS ®3 and a combination of CG and OM. The eastern side of the subject site is zoned CS. If the application is approved, the subject property would be zoned CS (Commercial Shopping Center District). According to the City of Owasso Zoning Code, Retail Shopping Centers fall within Use Unit 14 (Shopping Goods and Services) and is permitted by right within the CS zoning district. The Owasso 2010 Master Plan identifies the subject property as having a mixture of future land uses that include medium intensity commercial and public/institutional uses. Obviously, a proposal that included high intensity commercial uses would seem inconsistent with the Master Plan designation. Staff finds however, that the applicant's proposal is more appropriate than the Ma-!cr Plan designation. The Owasso 2010 Master Plan provides a summary and description of its' main components. Of these components, the plan describes how it differentiates between land uses and how anticipated growth areas are delineated geographically. The following is an excerpt from the Owasso 2010 Master Plan: Staff has received no phone calls or correspondence in opposition of the request. Letters were mailed to surrounding property owners on February 12, 2004 and the legal advertisement was published in the Owasso Reporter on February 12, 2004. Copies of both the letter to property Owners and the legal advertisement are attached for your information and review. RECOMMENDATION Staff recommends approval of OZ-04-02, thus rezoning approximately 35.3 acres, from OMIRS-3 (Office Medium Intensity/Single Family Residential) to CS, (Commercial Shopping Center District). GENERAL LOCATION PRESENT ZONING PROPOSED ZONING LEGAL DESCRIPTION OF LAND UNDER APPLICATION (If by metes and bounds, attach plat of survey) ,, Npme and Address- of Record Qwner As a Up Ii icant, what is your interest in this property? Wresent Owner []Agent for Owner E]Purchaser ❑0ther E:]Attomey for Owner Addressor General Location of Subject Pr ley I A;UfAr'- 11 operty -AL-1)0--�--- Name of person 1p be billed for publication M I DO HEREBY CERTIFY THAT THE INFORMATION HEREIN SIGMA" URE DATE SUBMITTED IS COMPLETE, TRUE AND ACCURATE U(57 Please submit the completed application form and applicatinn fee along with a Certified 300' Radius Report (-available from an Abstract Company) to the Owasso City Planner on or before the Planning Commission submittal deadline as shown on the official City of Owasso calendar. The applicant and/or the applicant's consultant should attend the Planning Commission meetings at which the Supplemental Zoning will be reviewed. Fee Schedule 0- 0.99 acres $75 1- 4.99 acres 100 5-19.99 acres 150 + acres 200 SUBMITTAL DATE OPC MEETING DATE FEE RECEIPT NUMBER APPROVED —DENIED A tract of land located in the N/2 and the SEF/4 of Section 209 T-2 I N, R-14-E of the I.B. & M., Tulsa County, State of Oklahoma described as follows, TA 1, 1r4 T,- -TT T '07VT T I T -r n i �H 20.03' S f5s.55-02- E "WIMMM401 A tract of nand iocoted in the 141" OM the SE/4 of Ssciioz 20. 1'-21-1I, R--14-'E of the 1.8, & M- Tulsa COURtY. State of a31:iahogno described as follow- COMMOMIng at Me NE CORNER of said aeoUon; thence 50901*55'14, 0 distance of 765-06 feet thence ;htast, 0 &StOKIC& of 517-51 fek-, then6a North, a disicace of 180.00 feat: thuca N34"I6'40'W. a distonce, oi 162.43 feet to the PONT OF BEGINNING; thence. continue ADribmamt along said liaa, a dialance of 102.57 Peek; thence NII*15'32'W, a distance of 190-16 feet; thence S?S'44'28'V, m diatcace of- 106.56 test, it—Ce N89'56'S6 W. a distance Of 348-15 feet to a poinl on the easterly right-of-woy line of uS HjJhwoy 1691 fIlea, .& SAO .12,0,5,}V con,i Aujng alano said right-cf-way- 0 dIrtmnce 04 1,081.35 feet thence S,50'l0'blIA, continuing clang saW Fight-cf-woy, 0 dlgtOnDt, Of 855,I6 feet. thence S:50*12'01'W continuing along said 'ight-of-way, a dislonee- of 20-03 feet; thence S00Y03'58"tv' a digfno, of 385,62 feat; thanes S,88'56'02%, a diestonce of 6,065.35 foe: thera t026'4B'49"E, a distance of feet; jillaCe M2'29'54"E, a distance! of 210-94 test to a point Of "Iva to the Wt havIng io radius of 525 oa feet nd a a b,� angle of Or4Er33'- thence soat along the age a distance 0? 73,71 en feok to the M>Wl OF BEGINNING. ConWning 3S.3 acres, -11 M F- 0 m M m 7- m m -11 D X 77 O iu CDi t:) F� kfi (A Rl 7 CJ P:\?003 Drawing FiieIW3 064 Tyalln D—I.pm­,t - Owasso, OK\03064 I'- I -Opt3.d,yg, 108012003 10:59:09 AM m 0 LV :Av, 'Th fill p -r-T F--- VP J-L I at TYANN DEVELOPMENT CO. BETH ST. NORTH / HWY log WAS SO, OKLAHOMA )AW MM Vill at TYANN DEVELOPMENT CO. BETH ST. NORTH / HWY log WAS SO, OKLAHOMA )AW MM �� ' 3 F i1� F 3 / <( 72/ / \ ° °«««,`© \ ®� /</ \`\ \ \ ya ^Z NOTICE TO PROPERTY O OZ-04-02 Tract of land loca »di the » and the SEM e Section °t T-21-N, C© ` of ?•.< v >lsa County, State o Oklahoma described « follows: am TO- THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM- DONALD D. CA`I"ES CITY ATTORNEY SUBJECT. CAPITAL IMPROVEMENTS AGREEMENTS-VISION 2025 PROJECTS, OWASSO COMMUNITY _ T PRO OWASSO DOWNTOWN/NEIGHBORHOOD PROJECT, OWASSO MEDICAL COMPLEX PROJECT; AGENDA ITEMS AND DA'T'E: March 12, 2004 At the direction of the City Manager, there is presented for Council consideration the proposed Capital Improvement Agreements by and among the City of Owasso, Oklahoma, the Tulsa County Industrial Authority and the Board of Commissioners of Tulsa County, Oklahoma. The Capital Improvement Agreements are the vehicle by which the City of Owasso, as well as other municipalities within Tulsa County, avails itself of its designated portion of the Vision 2025 monies. <i °1. On September 9, 2003, the duly residents of Tulsa County approved the levy and collection of an additional one cent sales tax to provide revenue for, among other things, capital improvements for community enrichment within Tulsa County. Among the anticipated community enrichment projects there was specifically provided for the City of Owasso the following projects, to -wit: A. Owasso Community Center Project----------- -m - - -- $1,000,000.00; B. Owasso Downtown/Neighborhood Project-- - - - - -- $1,143,463.90; and, C. Owasso Medical Complex Project ------------------- $4,500,000.00. Subsequent to passage of the sales tax proposition, representatives of Tulsa County proceeded to take such actions necessary to obtain financing to provide advance funding for the capital projects. In order to fund the costs of the acquisition, construction, equipping and funlishing of the capital projects, the Tulsa County Industrial Authority ( "Authority "), an Oklahoma public trust having the County of Tulsa as its beneficiary, was determincd to be the appropriate legal entity to issue debt. The Authority would issue its revenue bonds and secure as well as service debt incurred from the issued revenue bonds by a transfer- of a portion of the sales tax proceeds to it from Tulsa County. Accordingly, the Authority issued its $127,150,000.00 Tulsa County Industrial Authority Capital Improvements Revenue Bonds, Series 2003A, and its $ 115,000,000.00 Tulsa County Industrial Authority Capital Improvements Revenue Bonds, Series 20038, (the 64Bonds99). Having obtained the necessary funds for the anticipated projects, it became incumbent upon county and municipal officials to create a document to establish, define and govern the relationship of the respective parties. As a result of the efforts of many county and municipal officials, as well as financial and legal advisors as relates to the Master Bond Indenture dated as of December 1, 2003 and the First Supplemental Bond. Indenture dated as of December 1, 2003, a prototype Capital Improvement Agreement was created. E,ii It is submitted that the Capital Improvement Agreements presented are identical to the prototype referred to above and set forth in an uncomplicated form a workable arrangement for the disbursement and utilization of the 2025 funds. The Capital Improvement Agreements (hereinafter collectively referred to as "Agreement ") contain essentially five (5) principal categories. Such are as follows, 1. Project Identification; 2. Set Aside of Funds; 3. Conditions Precedent to Initial Funds Disbursement; 4. Requirements For Interim Funds Disbursement; and, 5. Project Closeout Requirements. The Agreement, in the Recital section, identifies the project(s) for which the funds are to be spent. Under the terms of the Agreement, "the project" is generally referred to with more specificity left to be provided by the exhibits to be attached as "Exhibit A ". It is submitted that this is important insofar as it provides latitude to the City of Owasso which enables the Council, within the 2025 Ballot parameters, to more fully define its own project. Staff recommends that the Council consider the following as the defined project identifications, to -wit: A. Owasso Community Center Project ------------------------ $1,000,00.00 1. Community Build Park ---------------------- I -------------- $200,000.00 2. Land Acquisition- Veterans Memorial ------------------- $200,000.00 3. City of Owasso -YMCA Recreation Facility----- - - - - -- $500,000.00 4. Community Center Heating and Air------------ -- - - - - -- $100,000.00; B. Owasso Downtown /Neighborhood Project m--- - - - -m- ®______$1,143,463.90 The projects consist of the relocation of overhead utility lines underground along Main Street from 3'� Street to 76t" North, the replacement of the existing Streetlights along Main Street with pedestrian oriented theme lighting, and the acquisition of properties along Main Street corridor for the purposes of developing a town square. C. Owasso Medical Complex Project- =---- --w ,---- _----- u-- . - ---$4,500,000.00 This project involves the extension of a water hn_ from a master meter to an elevated 2.0 million water tank. The master meter rcferred to shall be a water supply master meter to be constructed at the site of connection with the City of Tulsa water system. Also, a booster pump station as well as connections and water lines to the existing water distribution system will be constructed. Set Aside of Funds- Under the terms of the Agreement there are monies set aside for the use and benefit of the City of Owasso. The funds set -aside for the City equals ninety -five per cent (95 %) of the City's Vision 2025 allocation for each category of capital improvement. The amount set forth in the Background portion of this Memorandum represents the City's allocation or as referred to in the Agreement, the "Contracting Party Amount ". The set -aside portion, ninety-five percent (95 %), is termed the "Maximum Amount of Advances" and constitutes the maximum amount of money available from the bond proceeds referred to above to fund each respective capital improvement. The remaining five per cent (5 %) is retained by the Authority to offset bond issuance and related costs. The funds that are set - aside are placed in a designated and numbered subaccount of the Authority's Construction Fund on deposit with the Bank of Oklahoma, N.A., the trustee bank, all in accordance with the First Supplemental Bond Indenture. 111111 1 11 F1111111111111fl The Agreement, under Section 3, at pages 8 and 9, sets forth specifically what is required of the City of Owasso in terms of documentation prior to the Authority's release of any initial advances. This section delineates that which is required and for the sake of brevity will not be restated herein. However, it is important to note that the provisions have been reviewed by various Staff members and the requirements are considered as being achievable and within existing resource availability. Under the provisions of Section 4, appearing at pages 9 and 10 of the Agreement, there is set forth the items and actions that serve as conditions precedent to the City of Owasso receiving construction advances. Again, these provisions have been reviewed by various Staff members and the requirements are considered as being achievable and within existing resource availability. I The Agreement specifies the project shall be completed and all advances made prior to February, 2007. The closeout contemplated by the Agreement involves the City of Owasso completing the acquisition, construction, equipping and furnishing of the project. Upon such occurrence, certification of such completion will be require(' of the City by the Authority that will generally consist of certification from the Project Manager of the Authority and the Architect or Engineer for the project as to the completion. The remaining provisions of the Agreement, although of importance, are considered as being standard contractual provisions normally found in cooperative multi - governmental arrangements. Such generally consists of party identifications, recitals, definitions and aids to interpretation language. In light of such, those provisions are not specifically discussed in this Memorandum. Any questions that any Councilor(s) might have regarding these matters should be directed to Mr. Ray or myself. Staff would recommend that the Council approve the Capital Improvement Agreements presented. D1►[rl[�I.Y7!, The project specific Capital Improvement Agreements are livAuded in the Agenda Packets of the City Councilors only. Due to the voluminous nature of the combination of such documents they are not included in the individual packets distributed to the Public. To review a copy or copies of the Capital Improvement Agreements contact Julie Stevens at 918/376 -1502. WE all M-1 F (1):. SUBJECT. 01--triva"315=11 � 1111 1" 1131. 1. HIM F. ROBERT CARR, JR., P.E. PUBLIC WORKS DIRECTOR TULSA COUNTY INTERLOCAL AGREEMENT— VA OUS PAVING PROJECTS ASSISTANCE my, TIERN-M BACKGROUND: Various street repair projects have been identified that should be given attention as a result of various stages of severe deterioration or inadequate construction quality. Projects have been identified at the following locations: Costs to perform milling, base repairs and overlay of each location have been developed. Each identified project included estimated costs using a private company for paving'and alternative costs using Tulsa County. Milling, base repairs and installation of paving fabric would need to be contracted due to the specialized nature of these activities. In order to reduce costs of construction of residential street repairs, Tulsa County has been asked in the past to provide construction equipment and labor to asphalt overlay streets. The attached Agreement provides for this work to be performed by Tulsa County under the following conditions: The City of Owasso shall provide all required materials and traffic control; Tulsa County shall provide all necessary labor and equipment to complete the project; and Duration of the Agreement shall be for a period equal to the time necessary to complete the project. SCHEDULE: Should the weather conditions stay wan-n, it is anticipated that milling and base course repairs of each street could be constructed in the near future. Installation of paving fabric and the asphalt Page 2 Interlocal Agreement with Tulsa County Pavement Overlay Projects overlay would be performed when Tulsa County personnel could be scheduled, but should be expected when temperatures stay consistently warm. FUNDING- Funding for these projects has not been included in the FY03 -04 budged. repairs to the streets in The Village of Silver Creek has been escrowed in the amount of $35,000. A supplemental appropriation from General Fund reserves would be necessary or the projects postponed until FY04 -05 0 R-ECOMMENDATION- Staff recommends Council approval of the Interlocal Agreement with Tulsa County for pavement overlay projects in Three fakes Industrial Park, 'Three bakes Village and The Village of Silver Creek and authorize the Mayor to execute the Agreement. 1. Interlocal Agreement 20 Preliminary Cost Estimates 3. Location Maps AGREEMENT THIS AGREEMENT, made the _ day of , 2004, by and between the Board of County Commissioners of Tulsa County, Oklahoma, hereinafter called "COUNTY" and the City of Owasso, Tulsa County, Oklahoma, hereinafter called "CITY". WITNESSETH: WHEREAS, by virtue o-("69 O.S. 1981, Section 1903, the Board of County Commissioners is J authorized to enter into agreements with municipalities to construct, improve, and repair any of the streets of such municipalities, and; WHEREAS, the County is desirous of participating in projects and the provision of services mutually advantageous to the COUNTY and other units of government; THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties hereto agree as follows: 1. The duration of the Agreement shall be for a period equal to the time necessary to complete the projects described herein, based upon the COUNTY's work schedule. 3. The CITY shall provide for all required right-of-way, utility relocation, roadway milling, application of paving fabric, construction of the roadway fill and subbase, drainage system construction, maintenance and payment for all paving materials used by the COUNTY. 4. The COUNTY shall provide all labor and equipment required to complete the paving. 5. This Agreement shall be effective from and after the date of execution thereof and is intended only for the purpose detailed in Section 2 above. Page 2 Interlocal Agreement - City of Owasso and Tulsa County 6. The rights, duties and obligations under and arising from this Agreement shall not be assigned by either party hereto without the express written consent of the other. APPROVED AS TO FORM: City Attorney ATTEST: CITY OF OWASSO, OKLAHOMA City Clerk Mayor Date: Assistant District Attorney ATTEST: BOARD OF COUNTY COMMISSIONERS TULSA COUNTY, OKLAHOMA County Clerk Chairman DATE: ---------- CITY OF OWASSO Quantities and costs are based on typical road paving plans and design drawings for the project. Three Lakes Industrial Park Irvin 2" Type C A/C (585 tons) $12,870.00 Three Takes Village Paving Materials 2" Type C A/C (514 tons) 11,615.00 The Village of Silver Creek Paving Materials 2" Type C A/C (720 tons) Street Overlay / Repair Project 126,945.61 $ County Installation Cost Savings County Installation 2,11ouV| County Installation z,34000| 7,327.00 1 -STREET OVERLAY / REPAIR PROJECT Premilinary Engineer's Estimate Silver Greek Village Bid Item Description Unit Unit Cost Estimated Quantity Estimated Cost 3 Paving Fabric Binder Gal $ 1.25 1278 $ 1,597.22 5 2" Fill Width Mill Asphalt SY $ 1 50 6389 $ 9,583.33 6 2" Full Width Mill Concrete SY $ 3.25 $ - Subtotal 37,823.61 Three Lakes Village, Bid Item Description Unit Unit Cost Estimated Quantity Estimated Cost 3 Paving Fabric Binder Gal $ 1.25 939 $ 1,173.33 5 2" Full Width Mill Asphalt SY $ 1.50 $ - 6 2" Full Width Mill Concrete SY $ 3.25 4693 $ 15,253.33 Subtotal $ 47,872.00 Three Lakes Industrial Park, Eo1mt St N, N 11 6th E Ave (36'r13uO') Bid Item Description Unit Unit Cost Estimated Quantity 2 Paving Fabric Sv $ 0.75 mzou $ 3,900.00 o Paving Fabric Binder Gal $ 1.25 1040 $ 1.300o0 4 Tack Coat Gal $ 1.00 szO $ 520.00 s r Full Width Mill Asphalt 8Y $ 1.50 $ o z Full Width Mill Concrete GY $ 3.25 noon $ 16.900.00 r Base Repair (Type |) mv $ ruun 80 $ 5.760.00 Subtotal $ ' 41.250o0 Street Overlay / Repair Project 126,945.61 $ County Installation Cost Savings County Installation 2,11ouV| County Installation z,34000| 7,327.00 1 M 9 CD 0 m a. i m W K a O O 04 TO- THE HONORABLE MAY AND CITY COUNCIL CITY OF OWASSO FROM- ANA STAGG, P.E. ENGINEERING P: CTS MANAGER SUBJECT. FINAL PAYMENT AND ACCEPTANCE FY03-04 STREET RFPAIR PROJECT DATE: March 12, 2004 I In 2002, Public Works Department Engineering Division staff compiled street data pertaining to needed repairs to develop a comprehensive street repair program. Residential streets throughout the entire city were inventoried and evaluated using a street management computer program. Sites identified for repair were prioritized ranging from low, moderate to high priority. A total of 275 sites were rated as high priority with an estimated repair cost of $1,155,000. Progress payments have been made in the amount to $86,755.63. Pay Application No. 3 in the amount of $9,417.29 was submitted by the contactor as request for Final Payment (see Attachment B). The work was awarded as a unit price contract where the quantities presented in the Bid Form were estimated based on expected conditions and used solely for the purpose of comparison of bids. It was therefore anticipated that a quantity adjustment be made at final payment to reflect actual quantities provided. The following items are adjustments of quantities based on unit prices bid for items included in the contract: Page 2 Final Payment and Acceptance FY 03 -04 Street Repair Project Quantity Description Unit Unit Price A-Austment Total Type I patch SY $68.00 + 42.94 SY $2,919.92 Flowable Fill CY $95.00 - 75.00 CY -$7,125.00 -$4,205.08 Final quantity adjustment resulted in a negative change to the contract in the amount of $4,205.08. A negative adjustment in the contract will be required to reflect the following: Original contract amount $ 98,378.00 minus Quantity Adjustment $ 4,205.08 Revised Contract Total $ 94,172.92 The project was funded from the FY03-04 Street Division budget (Line Item 01-300-54210), thus $4,205.08 will be reallocated to the same line item. Staff recommends Council acceptance of the FY 03-04 Street Repair Project, a revised total contract amount of $94,172.92, release of retainage and authorization for final payment to Magnum Construction, Inc. in the amount of $9,417.29. ATTACHMENTS: A. Street Repairs FY 2003-2004 Map B. Pay Request No. 3 - Final M 0 MITI m a i I i IT, m Hol a jo-A ATTACHMENT B APPLICATION AND CERTIFICATE FOR PAYMENT Page One of - I'(): (U�vner) a SG Contract Date:— (° _ Application Date:. OM: (Contractor) t �v Iaq v(z— Period Application is made for payment, as shown below, in connection with the Contract. Continuation sheet is attached. Io 2. 30 40 0 rol BE r. ' r: -d Material E ((fo—lumn F on _ • • ' �O Total Earned Less Retainage (Line 4 less Line S Total) ?. Less Previotis Certificates for Payment U•W3 AGREEMENT 00300 - Pagc y o t -t - 8. CURRENT PAYiMENT DUE 90 Balance to Finish, Plus Retainage (Line 3 less Line 6) CHANGE ORDER SUMMARY: Change Orders approved in previous months by OWNER TOTALS Approved this month Number MMM � Emir" M 0 I DEDUCTIONS I ECS-MIUL Vt f06L *1 LUC 's I owlecige, iniormation and beliet the WORK covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. CO' OR- By:M Date: C) Subscribed and sworn to before me this q+Y day of _j1Lz</zYc ,10y Cornmission Expires: Coniniission M: A(; R E I-'N I F -NT ARCHITECT'S / ENCINN' L ER'S CERTIFICATE FOR PAYMENT In accordance with the contract doCllri e nts, based on on -site observations and the date comprising the above application, the Architect/ Engineer certifies to the Owner that to the best of the A_rchitect/s /Engineer's knowledge, information and beliefs the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the amount certified. M. TJNT CERTIFIED � � , L_1 i -� .' (Attach explanation if amount certified differs from tl.z amount applied faro) CIRTE / ENG E a M Date: negotiable. This certificate is not , o without named herein. Issuance, payment and acceptance of payment the Owner or Contractor under this Contract. 0,101 t\GREENI ENT 00300 - 1 0 ill CONTTNUATION SHEET Page _— of — Application and Certification for Payment, containing Contractor's signed Certification is attached. Application Number: ge Application Date: Period to: In tabulations below, amounts are stated to the nearest dollar. Use Col unm I on Contracts where variable rctainage for line items may apply. �i M1,11 131 . . . . . . . . . ... - AND STORED TO DATE (D + E + f) NOTE: At bottom of each COILInin, run totals. (G/C) H BALANCE TO FINISH (C-G) 0 "M�� oo"oo - I)a-tve I I of 14 a 0403 CLAii'vi ul�, w4VUICE AFFIDAVI't' STATE OF OKLAHOMA )SS COUNTY OF Subscribed ans sworn to before me tWs day of Not Public My Commission Expires: Subscribed and sworn to before me this s:. of NotaD- Public 'y Conimission Expires: Commission �' ": NOTE cP out words riot appropriate and sign appropriate sturiat-11C line. Architect, Engineer approval is not reqt6red for Contractor or Supplier Affidavit, 0401 00 300 - 11,1-e I "I FY 2003-2004 Street Repairs Pagel of 2 Pages at Various Locations City ®f Owasso, OK PERIODICAL ESTIMATE FOR PARTIAL PAYMENT Three CONTRACT For the period 21712004 to 31412004 inclusive. Description of Contract: FY 2003-2004 Street DETAILED ESTIMATE WORK PERFORMED I Number of FT Estimated Cost Units T 1 Patch To the best of my knowledge and belief. I certify that all Items, unit quantities and prices of work and material shown on the fare of Sheet No. 1 of this Periodical Estimate are correct: that all work has been performed and materials supplied in full accordance with the terms and conditions of th® corresponding construction contract documents between City of Owasso, Oklahoma and �agntatn �onstruotion, inc. (Contractor) dated 4 -Nov -03 and all authorized changes thereto: that the following is a true and correct statement of the contract account up to and Including the last day of the period covered by this Estimate and that no part of the "total amount due" has been received: 1 further certify that all claims outstanding against Mannim Construction, Inc. (Contractor) for labor, materials, and expandable equipment employed in the performance of said contract have been paid 1 II in accordance with the requirements of said contract, except such outstanding claims as are listed below or on the attached sheet, which statem c tai s all claims a inst the contractor which are yet paid, including all disputed claims and any claims to which the contractor has r will assert any de ns Magnum Construction, Inc. ()L �t- (Title) (Contractor) {i)aie (€3y) CERTIFICATE OF THE CONSULTING ENGINEERS We certify that we have verified this Periodical Estimate, and that to the best of our knowledge and belief it is a true and correct statement of work performed and materials supplied by the contractor, and that the contractor's certified statement of his account and the amount due is correct and just, and that all work and materials included in this Periodical Estimate have been performed in full accordance with the terms and conditions of the corresponding construction contract documents and authorized changes thereto. (Name) — — 94,172.92 � m $ 94,172.92 am 755.63 V 9�417.29- 1 further certify that all claims outstanding against Mannim Construction, Inc. (Contractor) for labor, materials, and expandable equipment employed in the performance of said contract have been paid 1 II in accordance with the requirements of said contract, except such outstanding claims as are listed below or on the attached sheet, which statem c tai s all claims a inst the contractor which are yet paid, including all disputed claims and any claims to which the contractor has r will assert any de ns Magnum Construction, Inc. ()L �t- (Title) (Contractor) {i)aie (€3y) CERTIFICATE OF THE CONSULTING ENGINEERS We certify that we have verified this Periodical Estimate, and that to the best of our knowledge and belief it is a true and correct statement of work performed and materials supplied by the contractor, and that the contractor's certified statement of his account and the amount due is correct and just, and that all work and materials included in this Periodical Estimate have been performed in full accordance with the terms and conditions of the corresponding construction contract documents and authorized changes thereto. (Name) — — — (®ato) (By) (Name) (Date) _ - -- (By) (Name) (Bate) (By) (Till ®) - - - - -- - -- MW