HomeMy WebLinkAbout2003.03.04_City Council Agenda
A. Approval of Minutes of the Febmary 18, 2003 Regular Meeting.
Attachment #5-A
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 consent by request. A motion to adopt the Consent Agenda is non-debatable.)
4. Roll Call
3. Flag Salute
Webelo Pack #897
Dragon Patrol
2. Invocation
Rev. Glynis LaBarre
Owasso Disciples Christian Church
1. Call to Order
Mayor Helm
AGENDA
Notice and agenda filed the office the City Clerk and at City Hall 4:00 D.m. on
Friday, FebrualY 28, 2003.
Community Center
Regular
March 4, 2003
6:30 p.m.
Council Chambers,
MEETING:
DATE:
TIME:
PLACE:
TYPE
PUBLIC NOTICE OF THE MEETING OF THE
OW ASSO CITY COUNCIL
The staff will recommend City Council approval of an agreement transferring ownership of
the Owasso Museum and property to the City of Owasso, assumption by the City of
Ow as so of all operating responsibilities and expense of the Owasso Museum, and
authorization for the Mayor to execute all documents relating to the agreement.
7. Consideration and Appropriate Action Relating to a Request for Council Approval of an
Agreement to Transfer Real Property from the Owasso Historical Society to the City of
Owasso.
Mr.~
Attachment #7
The City Clerk has received a written request from Mr. Wagner requesting that he be
allowed to address the City Council regarding bicycle-related issues.
Request to Address the City Council.
Mr. Edward Wagner
Attachment #6
The staff recommends City Council approval and authorization the Mayor to
execute the appropriate documents which approve the collection of 1 funds and
remittance of those funds to the City of Owasso.
Action Relating to an Agreement With NuVox Communications for the Collection of
11 Funds and Remittance of to the
Attachment
B. Approval of Claims.
Attachment #5-B
Owasso City Council
March 4, 2003
Page 2
The staff will recommend City Council acceptance of the donation of a pole tree pruner
from Bailey Equipment, Inc. of Owasso.
10. Consideration and Appropriate Action Relating to a Request for Council Acceptance of
Donated Equipment.
Mr. Warren
Attachment # 10
The staff will recommend City Council acceptance of a donation of portable sound
equipment.
9. Consideration and Appropriate Action Relating to a Request for Council Acceptance of
the Donation of Sound Equipment.
Ms. Worley
Attachment #9
January 2003, the Owasso Planning Commission denied a request to annex a 20.65
acre tract of land, generally located on the east side of North 9ih East Avenue,
approximately 2640 feet north of East 1161h Street North (Ward 1). The staff will
recommend City Council approval of the requested annexation.
8. Consideration and Appropriate Action Relating to an Appeal to the City Council of a
Denial by the Planning Commission of an Annexation Request.
Mr. Moore
Attachment #8
Owasso City Council
March 4, 2003
Page 3
15. Adjoumment
14. New Business (New Business is any item of business which could not have been foreseen
at the time of posting of the agenda.)
13. Report from City Councilors.
1 from City Attomey.
11. Report from City Manager.
Owasso City Council
March 4, 2003
Page 4
Mayor Helm invited the council to join him at the podium as he and Chief Yancey presented a
plaque and shadowbox to Chief Jim Greene, in recognition of Chief Greene's service to the City
of Ow as so. The Mayor & Council recognized Kerr Kountry RV for their work in beautifying the
area around their business, and presented a certificate to Rick DeShane, who was representing
Kerr Kountry. Mr. Ray presented a Bronze Award and a Hero Award to Janet Jackson &
Michele Dempster. These awards were presented to the City of Owasso by the United Way for
the City's support of United Way. Mr. Ray introduced Tammy Grimes, and recognized her as
Employee ofthe Month for the month of January.
ITEM 5: RECOGNITIONS AND PRESENTATIONS.
A. Special Presentation to Chief Jim Greene
B. Recognition of Kerry Kountry RV for Community Beautification
C. Recognition of Employee ofthe Month for the Month of January
A quorum was declared present.
STAFF
Rodney J. Ray, City Manager
Marcia Boutwell, City Clerk
Stephen P. Gray, City Attorney
ABSENT
Gmy Cochran, Vice Mayor - 17/l
Rebecca Armstrong, Councilor - 13/5
PRESENT
Michael Helm, Mayor - 18/0
Susan Kimball, Councilor - 18/0
Craig Thoendel, Councilor - 7/0
ITEM 4: ROLL CALL
City Attorney Stephen Gray led in the flag salute.
ITEM 3: FLAG SALUTE
The invocation was offered by Pastor James Stotts of Fellowship Tabernacle.
ITEM 2: INVOCATION
Mayor Helm called the meeting to order at 0:5:) p.m.
The Owasso City Council met in regular session on Tuesday, February 18, 2003 in the Council
Chambers at the Owasso Community Center per the Notice of Public Meeting and Agenda
posted on the City Hall bulletin board at 4:00 p.m. on Friday, February 14,2003.
A
OW ASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, February 18, 2003
- 2 -
Mr. Ray said that the Owasso Veterans Memorial Building Committee has been established for
the purpose of initiating the construction of a veterans memorial, with a target completion date of
November 11, 2003. Fundraising has been initiated and $5000 has been banked, with another
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR THE ESTABLISHMENT OF A VETERANS MEMORIAL FUND.
Motion carried 3-0.
AYE: Thoendel, Kimball, Helm
NAY: None
Mr. Ray presented the item. In June of 2001 the City Council adopted Ordinance #680, an
ordinance approving OPGA Resolution #2001-03 increasing green fees, cart rentals, and range
fees at Bailey Ranch Golf Club. An ordinance is not necessary to establish those fees.
Ordinance #741 would repeal the action taken by Ordinance #680. Mr. Thoendel moved,
seconded by Ms. Kimball, to approve Ordinance #741.
ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR COUNCIL ADOPTION OF ORDINANCE #741, AN ORDINANCE
REPEALING ORDINANCE #680.
Motion carried 3-0.
AYE: Kimball, Thoendel, Helm.
NAY: None
The consent agenda included minutes of the February 4, 2003 regular meeting and February 11,
2003 special meeting, by reference made a part hereto. Item B on the consent agenda included
the following claims: (1) General Fund $92,333.18; (2) Ambulance Service Fund $3,621.13;
(3) Juvenile Court Fund $75.00; (4) Capital Improvements Fund $7,454.00; (5) Bond Projects
Fund $95,643.31; (6) City Garage Fund $4,931.54; (7) Workers Comp Fund $3,945.50;
(8) Payroll $213,969.11; (9) City Garage Payroll $4,342.44; (10) Ambulance Payroll $11,044.05;
(11) E-911 Payroll $2,812.76; (12) Workers Comp Payroll $1,577.60. Item C on the consent
agenda requested acceptance of the water and sanitary sewer systems construct to serve The
Villas at Bailey Ranch. Ms. Kimball moved, seconded by Mr. Thoendel, to approve the consent
agenda.
ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A RjillUEST
FOR APPROVAL OF THE CONSENT AGENDA.
A. Approval of Minutes of the February 4, 2003 Regular Meeting and Febmary 11,
2003 Special Meeting.
B. Approval of Claims.
Action Relating to Acceptance of the Water and Sanitary Sewer Systems
Constructed to Serve The Villas at Bailey Ranch, an Addition to the City of
Owasso, Tulsa County, Oklahoma.
February 18,2003
Owasso City Council
- 3 -
Marcia Boutwell, City Clerk
Michael Helm, Mayor
Motion carried 3-0, and the meeting was adjourned at 6:51 p.m.
AYE: Kimball, Thoendel, Helm
NAY: None
Ms. Kimball moved, seconded by Mr. Thoendel, to adjourn.
ITEM 13: ADJOURNMENT
None.
ITEM 12: NEW BUSINESS.
No report.
ITEM 11: REPORT FROM CITY COUNCILORS.
No report.
ITEM 10: REPORT FROM CITY ATTORNEY.
Mr. Ray thank Faith Helm, a volunteer at the Animal Control Facility, for the work she is doing
there. The Mayor introduced Mr. Dave Blue, leader of Boy Scout Troop #857, and three Boy
Scouts from the troop who were working on their Citizenship and Community badges.
ITEM 9: REPORT FROM CITY MANAGER
Motion canied 3-0.
Kimball, Thoendel, Helm
None
$26,000 pledged. An independent entity that can accept tax deductible donations needs to be
created. The process for the committee to receive that designation is costly and time consuming.
An option has been developed that can utilize the City's status as a recipient of tax deductible
donations. The City Council may approve the creation of a restricted city fund to which
donations for the memorial can be made, and expenses could be paid from that fund, with the
approval of the City Council. However, no expenditures would be made without the consent of
the committee. Ms. Kimball moved, seconded by Mr. Thoendel, to approve the creation of a
special account the Veterans Memorial Building Fund.
Febmary 18, 2003
Owasso City Council
CITY OF OWASSO
CLAIMS TO BE PAID 03/04/03
}lEN.QQR DESCRiPTION AMOUNT
TREASURER PETTY CASH DEPOSIT REFUND 50.00
REFUND TOTAL
OFFICE DEPOT OFFICE SUPPLIES 102.90
OI(LA TRANSPORTATION AUTHORITY PIKEPASS 9.50
TREASURER PETrY CASH TOLL CHARGES 1.00
TREASURER PETTY CASH STAFF TRAINING 48.46
UNITED WAY AWARDS LUNCHEON 40.00
TREASURER PETTY CASH EMP RECOGNITION 25.00
MANAGERIAL DEPT TOTAL
TREASURER PETTY CASH MILEAGE~JACKSON 10.80
FINANCE DEPT TOTAL 10.80
EXECUTIVE COFFEE SERVICES SUPPLIES 75.83
OFFICE DEPOT OFFICE SUPPLIES 23.88
SAMS CLUB OFFICE SUPPLIES 9.48
CINTAS CORPORATION MAT SERVICES 26.00
SAMS CLUB MAINT SUPPLIES 20.34
WORLD PUBLISHING COMPANY EMPLOYMENT ADS 71.84
SOUTHWESTERN BELL PHONE USE 866.60
SOUTHWESTERN BELL 01/03 PLEXAR 168.18
TREASURER PETTY CASH POSTAGE 13.73
OFFICE DEPOT OFFICE SUPPLIES 20.37
OK MUNICIPAL LEAGUE ANNUAL DUES 305.00
GENERAL GOVERNMENT IJEPT TOTAL 1,601.25
VIDEO REVOLUTIONS INC BLANK VIDEO TAPES 14.25
OFFICE DEPOT OFFICE SUPPLIES 61.35
TREASURER PETTY CASH OFFICE SUPPLIES 5.00
TULSA COUNTY CLERK LIEN RELEASE 15.00
SAV~ON PRINTING INC. PRINTING 48.00
TREASURER PETTY CASH MEETING EXPENSE 35.84
COMMUNITY DEVELOPMENT IJEPT TOTAL 179.44
OFFICE DEPOT OFFICE SUPPLIES 170.94
RIDGWAYS OFFICE SUPPLIES 3.00
RIDGWA YS OFFICE SUPPLIES 73.40
ASCE 2003 DUES 190.00
ENGINEERING DEPT TOTAL 437.34
OWASSO STAFFING TEMP STAFFING 839.28
OFFICE DEPOT OFFICE SUPPLIES 26.55
SAMS CLUB MAINT SUPPLIES 104.95
LOWES COMPANIES INC MAINT SUPPLIES 426.75
REDLEE INC JANITORIAL SERVICES 1,289.52
SAV-ON PRINTING INC. SIGNS 48.00
FL YNN'S PEST CONTROL PEST CONTROL 65.00
SAMS CLUB MAINT SUPPLIES 267.45
VENDOR DESCRIPTION AMOUNT
CARD CENTER PIKEPASS 200.00
TREASURER PETTY CASH TOLL CHARGES 26.00
SOUTHWESTERN BELL 01/03 PLEXAR 194.79
OKLA TRANSPORTATION AUTHORITY PIKEPASS 155.55
SUPPORT SERVICES DEPT TOTAL 3,643.84
OFFICE DEPOT OFFICE SUPPLIES 8.72
TREASURER PETry CASH OFFICE SUPPLIES 17.89
OFFICE DEPOT OFFICE SUPPLIES 165.60
OFFICE DEPOT OFFICE SUPPLIES 67.57
CUSTOM CRAFT AWARDS EMPLOYEE RECOGNITION 210.00
SIRCHIE FINGER PRINT LAB INC EVIDENCE COLLECTION SUPPLIES 42.82
CARD CENTER SOFTWARE/LICENSE 199.00
OFFICE DEPOT OFFICE SUPPLIES 19.99
POLICE PETTY CASH BATTERIES/AUDIO-VISUAL SUPPLIES 7.98
SAMS CLUB MAl NT SUPPLIES 57.52
PATROL TECHNOLOGY UNIFORM GEAR 383.90
O'REILLY AUTOMOTIVE INC MAINT SUPPLIES 3.99
POLICE PETTY CASH VEHICLE WASH 8.78
STRATHE VETERINARY VET SERVICES 333.00
AT&T WIRELESS SERVICES PHONE USE-YANCEY 56.29
SOUTHWESTERN BELL PHONE USE 866.61
SOUTHWESTERN BELL 01/03 PLEXAR 40.86
OKLA TRANSPORTATION AUTHORITY PIKEPASS 7.50
EUFAULA POLlCE DEPT TRAINING-FUNK 45.00
TREASURER PETTY CASH CHARACTER TRAINING 200.00
TREASURER PETTY CASH PER DIEM-FUNK 98.00
POLICE PETTY CASH TOLLS 7.00
DELL MARKETING L.P. COMPUTERS 4,480.00
POLICE DEPT TOTAL 7,328.02
TREASURER PETTY CASH OFFICE SUPPLIES 20.00
DEPT OF PUBLIC SAFETY OLETS RENTAL 350.00
PRIORITY DISPATCH TRAINING-SOLOSCHENKO 295.00
POLICE COMMUNICATIONS DEPT TOTAL 665.00
TREASURER PETTY CASH OFFICE SUPPLIES 12.00
TREASURER PETTY CASH SHELTER SUPPLIES 11.55
STRATHE VETERINARY VET SERVICES 93.75
SAMS CLUB MAINT SUPPLIES 74.43
POLICE PETTY CASH FUEL 10.00
CITY OF TULSA EUTHANASIA SERVICES 32.00
TREASURER PETTY CASH VACCINATION 5.00
STRATHE VETERINARY VET SERVICES 274.03
SOUTHWESTERN BELL 01/03 PLEXAR 40.86
ANIMAL CONTROL DEPT TOTAL 553.62
OFFICE DEPOT PAPER 27.98
OFFICE DEPOT OFFICE SUPPLIES 65.80
ACCURATE FIRE EQUIPMENT INC OXYGEN BOTTLE TESTING 161.10
OFFICE DEPOT OFFICE SUPPLIES 102.90
WEAR GUARD UNIFORM COATS 768.60
KOHL'S UNIFORM SUPPLIES 77.49
5,086.19
GENERAL FUND TOTAL
4,594.84
4,594.84
TRAFFIC CONTROL DEVICES
CAPITAL PROJECTS TOTAL
ADVANCED WARNING
491.35
49C~5
TRAFFIC CONTROL DEVICES
STREET DEPARTMENT TOTAL
ADVANCED WARNING
ADDENDUM
CITY OF OWASSO
CLAIMS TO BE PAID OJ/04/03
VENDOR DESCRIPTION AMOUNT
OWASSO AUTO CLINIC VEHICLE REPAIR 125.00
CLASSIC CHEVROLET VEHICLE REPAIR 396.02
GENUINE PARTS COMPANY-OKLA VEHICLE MAl NT 17.72
TREASURER PETTY CASH REPAIR PARTS 14.90
AT&T WIRELESS SERVICES PHONE USE-CHIEFS 104.11
BMI SYSTEMS OF TULSA COPIER MAl NT/SUPPLIES 172.87
SOUTHWESTERN BELL 01/03 PLEXAR 190.85
FIRE SERVICE TRAINING OKLA TRAINING-J. BISHOP 25.00
OK LA TRANSPORTATION AUTHORITY PIKEPASS 12.60
TREASURER PETTY CASH TRAINING-THOMPSON 9.66
fiRE DEPT TOTAL
SOUTHWESTERN BELL 01/03 PLEXAR 20.43
EMERGENCY PREPAREDNESS DEPT TOTAL 20.43
FARM PLAN REPAIR SUPPLIES 17.75
ANCHOR STONE CO CRUSHER RUN 220.45
ALL WHEEL DRIVE SNOW PLOW PARTS 1,028.22
WATER PRODUCTS INC OPERATING SUPPLIES 553.48
APAC-OKLAHOMA INC STANDARD ROCKlASPHAL T 295.70
FARM PLAN .UNIFORM JEANS 139.65
UNIFIRST CORPORATION UNIFORM RENTAL 162.84
TULSA COUNTY BOCC SIGNS/HARDWARE 164.97
WW GRAINGER INC FLOOR JACK 125.00
SIGNALTEK INC SIGNALlZA TION 883.84
SOUTHWESTERN BELL 01/03 PLEXAR 24.43
STREETS DEPT TOTAL 3,616.33
LOWES COMPANIES INC MAINT SUPPLIES 8.97
O'REILLY AUTOMOTIVE INC REPAIR SUPPLIES 3.18
A-1 FENCE INC SAFETY FENCE 605.50
BAILEY EQUIPMENT CHAIN SAW/PARTS 356.44
ADT SECURITY SERVICES iNC SECURITY SERVICE 38.96
WASHINGTON CO RWD WATER USE 12.50
AT&T WIRELESS SERVICES CELL PHONE USE-WARREN 14.49
SOUTHWESTERN BELL 01/03 PLEXAR 74.37
PARKS DEPT TOTAL 1,114.41
WAL-MART COMMUNITY CLEANING SUPPLIES 137.67
DALE & LEES SERVICE INC HEATER REPAIR 145.00
SOUTHWESTERN BELL 01/03 PLEXAR 66.39
COMMUNITY CENTER DEPT TOTAL 349.06
OFFICE DEPOT PRESENTATION SUPPLIES 131.90
OK SECRETARY OF STATE TRADEMARK REGISTRATION 50.00
TREASURER PETTY CASH OEDA MEETING 4.86
ECONOMIC DEVELOPMENT DEPT TOTAL 186.76
GENERAL FUND TOTAL 22,261.76
ALLIANCE MEDICAL INC AMBULANCE SUPPLIES 924.25
OK STATE DEPT OF HEALTH EMERGENCY AMBULANCE LICENSE RENEWAL 60.00
MEDICLAIMS INC MONTHLY SERVICES 4,039.70
VENDOR DESCRIPTION AMOUNT
AT&T WIRELESS SERVICES PHONE USE-MEDICS 91.20
AMBULANCE SERVICE FUND TOTAL 5,115.15
SOUTHWESTERN BEll E-911 1,982.54
E-911 FUND TOTAL 1,982.54-
CH2M HILL INC ENGINEERING SERVICES 8/20/02 18,986.00
ATKINS AMERICAS INC SERVICE AGREEMENTS 8,820.00
CH GUERNSEY & COMPANY INTERSECTION WIDENING 8/20/02 36,269.90
CAPiTAL IMPROVEMENTS FUND TOTAL 64,075.90
INCOG MANAGEMENT ASSISTANCE 155.01
CAPITAL GRANTS fUND TOTAL 155.01
~
FULLERTON WELDING SUPPLIES ANNUAL CYLINDER LEASE 400.00
SAMS CLUB MAINT SUPPLIES 29.83
GELLCO SAFETY SHOES OVERSHOES 12.59
O'REILLY AUTOMOTIVE INC SMALL TOOLS 171.44
PRECISION FLUID POWER INC REPAIR PARTS 447.00
ENLOW TRACTOR INC REPAIR PARTS 978.09
TULSA NEW HOLLAND INC REPAIR PARTS 101.92
LENOX WRECKER SERVICE INC TOWING CHARGES 45.78
O'REILLY AUTOMOTIVE INC REPAIR PARTS 1,082.58
AMERICAN HOSE & SUPPLY REPAIR PARTS 80.30
GENUINE PARTS COMPANY-OKLAHOMA REPAIR PARTS 232.97
OK TRUCK SUPPLY INC REPAIR PARTS 136.93
B & M TIRE CENTER INC TIRES 58.95
WITTKE REPAIR PARTS 130.26
CROW BURLINGAME REPAIR PARTS 29.53
B & M TIRE CENTER INC TIRES 218.85
FORD OF TULSA REPAIR PARTS 111.93
PHOENIX RECYCLING Oil FILTER DISPOSAL 55.00
CITY GARAGE fUND TOTAL 4,323.95
STEPHANIE M. MOSLEY, CSR S01139 108.50
SOUTHCREST HOSPITAL 003292 28.62
MEDICAP PHARMACIES 003292 72.94
FELDMAN, FRANDEN, WOODARD, FARRIS M03151 16.00
GARY C DAVIDSON, DDS G10182 401.00
COMMUNITY ORTHOTICS & PROSTHETICS D04122 58.00
JOSEPH HARRIS SETTLEMENT -H04262 474.00
WORKERS COMP FUND TOTAL 1,159.06
GRAND TOTAL 99,073.37
7,785.64
109.38
6,414.36
1,261.90
REVENUE TRANSFER FROM GENERAL FUND
REVENUE TRANSFER FROM AMBULANCE FUND
REVENUE TRANSFER FROM AMBULANCE FUND
TRANSFERS TOTAL
CEMETERY CARE
AMBULANCE CAPITAL
FIRE CAPITAL
AMOUNT
AlP TRANSFER REPORT
CITY OF OWASSO
Council Member
Council Member
Mayor
March 4,2003
APPROVED:
Information
14,384.41
0.00
Managerial
Qvertime Expenses
~
General Fund
02/22/03
CITY OF OWASSO
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE
Council Member
Council Member
Mayor
March 4, 2003
APPROVED:
Worker's Comp Self-Insurance Fund
Total Expenses
Overtime EXQen~~~ -"fotal Expenses
Overtime Total
Ambulance Fund
CITY OF OWASSO
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 02/22/03
1. Agreement with Nu V ox Communications Inc.
ATTACHMENTS:
Staff recommends Council approval and authorization for the Mayor to execute the appropriate
documentation which allows NuVox Communications of Oklahoma, Inc. to provide service to
Owasso citizens and to collect identified E-911 fees.
RECOMMENDATION:
The latest request is from NuVox Communications of Oklahoma, Inc., Chesterfield, MO. The
attached agreement authorizes that company to collect the E-911 service fees assessed on local
access lines and remit same to the City of Owasso.
The City of Owasso provides Emergency 911 service to Owasso citizens with specifically
identified telephone prefixes. Agreements have been made with the telephone service providers
that provide, in accordance with Ordinance #571, for five percent (5%) of the customer's
telephone bill to be returned to the City of Owasso to aid in the support of providing this
emergency communication service. Until September of 1998, Southwestern Bell Telephone was
the only emergency provider for our customers. Since then several telephone providers have
requested agreements with the City to provide telephone service to our citizens, and to collect the
E-911 service fee assessed on local access lines and remit that fee to the City of Ow as so.
BACKGROUND:
Febmary 24, 2003
DATE:
1
MARCIA BOUTWELL
CLERK
FROM:
THE HONORABLE MAYOR & CITY COUNCIL
CITY OF OWASSO
TO:
MEMORANDUM
(a) Identifying City's boundaries for police, fire and emergency medical services
and providing this information to Southwestern Bell Telephone on the forms
provided by Southwestern Bell.
3. The City will be responsible for implementation and ongoing administration of all E-
911 data management associated with its E-911 service. The City's responsibilities
include:
2. Service is provided solely for the use and benefit ofthe City and the provision of such
service shall not be interpreted or construed as creating any obligation of NuVox
toward, or any right of action on behalf of any third party or other legal entity.
1. As authorized by the Nine-One-One Emergency Number Act, 63 O.S. Supp 1996,
Sections 2814 and 2815, as amended, and the City's ordinance Number 571, NuVox
shall collect from service users and remit to the City the E-911 service fee assessed
on local exchange access lines. For this service, NuVox shall retain two percent (2%)
ofthe total amount collected.
NOW, THEREFORE, it is mutually agreed between the parties as follows:
WHEREAS, Nuvox, through SWBT resale, is willing to furnish and maintain said
features, subject to the terms and conditions set forth, as well as those contained in its approved
tariff.
WHEREAS, NuVox, offers its subscribers Enhanced Emergency Number (E-911) Service
through resale of Southwestern Bell Telephone (SWBT) service; with SWBT providing the
actual E-911 service including, but not limited to, the development of a Master Street Address
Guide (MSAG), selective routing, Automatic Location Identification (ALI) and the Automatic
Number Identification (ANI) services; and NuVox providing the billing and collection of E-911
assessments from the end-users; and,
WHEREAS, pursuant to its obligation to provide telecommunications services to its
subscribers within its certified areas; and,
WHEREAS, NuVox is a Telecommunications Provider as defined by Oklahoma
Administrative Code 165:55, providing telecommunications services in the State of Oklahoma,
and in the City of Owasso; and
74055.
THIS AGREEMENT for Enhanced Emergency Number (E-911 Service) ("Agreement")
is made and entered into as of the ~~ day of , _, by and between Nu V ox
Communications of Oklahoma, Inc. ("NuVox"), a Delaware company, having its principal place
of business at 16090 Swingley Ridge Suite 500, Chesterfield, Missouri, 63017, and the City
Oklahoma ("City"), having its principal place of business at 111 N. Main
AGREEMENT FOR ENHANCED EMERGENCY
NUMBER (E-911) SERVICE
NuVox Agreement - Page 2
8. Nu V ox shall not be liable to the City for damages arising out of errors, interruptions,
defects, failures or malfunctions of E-9l1 Services, including but not limited to,
damages arising from errors or defects of associated equipment and data processing
systems.
7. While it is the intent of the City to renew this Agreement, the parties agree and
understand that the City, being a political subdivision of the State of Oklahoma,
cannot be bound in this Agreement past its current fiscal year ending June 30, 2003.
Therefore, the parties agree that the contract's term shall be from the date of execution
through the end of the City's current fiscal year, and that the parties upon mutual
agreement may renew this Agreement at the end of the contract term for successive
one year periods. In no event shall the City be bound to any such renewal until and
unless the City approves the renewal and it is executed by the authorized official of
the City. In no event shall the City be obligated financially or otherwise or be subject
to any penalty or damage for failure of the City to renew this Agreement.
6. NuVox's Credit Records and Billing Records are confidential and proprietary. The
City will maintain the confidentiality of these records and will establish controls to
ensure this information is used only in connection with City's provision of E-911
Service.
5. The parties hereto further agree that, in the absence of any delay occasioned by events
or factors which are beyond the control ofNu Vox, the in-service date for the services
covered by this Agreement shall be as soon as possible.
4. MSAO updates will be processed by SWBT as quickly as reasonably possible after
receipt of information from the City. The ALl data file will be updated as quickly as
reasonably possible following completion of the order for service.
(b) Coordinating the accuracy of the Master Street Address Guide (MSAG)
information used to update the Automatic Location Identification CALl) data file
and advising SWBT of any changes in street names, establishment of new
streets, changes in address number used on existing streets, closing and
abandonment of streets, changes in local jurisdictional boundaries, annexation,
or any other matter that will affect the routing of any E-911 call to the City's
PSAP. Changes, deletions, and additions which the City desires to have made
the MSAG file shall be submitted to SWBT on an lias occurredH basis.
SWBT shall provide MSAO End~User 911 records and updates to itself as
documented in Section 4.3.2 of Appendix 911 of the Interconnection Agreement
between the two companies. MSAG file changes are to be submitted by the
City to SWBT.
NuVox Agreement - Page 3
The address to which notices may be given or made by either party may be changed
by wlitten notice given by such party to the other pursuant to this paragraph.
Jerry R. Willis
Nu V ox Communications Inc
301 N Main St., Suite 5000
Greenville, SC 29601
To NuVox
City of Ow as so
Stephen P. Gray, City Attorney
PO Box 180
Owasso, OK 74055
To the City:
13. All notices or other communications changes hereunder (other than MSAG file
changes) shall be deemed to have been duly given when made in writing and
delivered in person or deposited in the United States mail, postage paid and addressed
as follows:
12. The City and NuVox agree to comply with all applicable Federal, State and Local
laws, regulations, and codes in the performance of this Agreement.
11. The failure of either party to enforce any of its provisions of this Agreement, or a
waiver thereof in any instance, shall not be construed as a general waiver or
relinquishment on its part of any such provisions, but at the same shall, nevertheless,
be and remain in full force and effect.
10. the course implementing and administering the E-911 Services, NuVox may
provide the City certain confidential numbers and proprietary information, including
non-published telephone numbers. The City agrees to keep such information
confidential and to refrain fi'om disseminating such information except to employees
and agents of the City who, during the course of their employment need to have
access to such data for the purpose of implementing and administering E-911
Services. When such information is no longer needed for that purpose, the City will
return such information to NuVox at NuVox's reasonable request.
9. Neither party shall be held responsible for any delay or failure in performance under
this Agreement to the extent that such delay or failure is caused by circumstances
beyond the control of such party, including without limitation, fire, flood, explosion,
war, acts of omissions of carriers and other similar conditions (flForce Majeure
Condition"). If a Force Majeure Condition occurs, the party whose performance is
affected shall notify the other party and shall resume performance as soon as
reasonably possible.
Nu V ox Agreement - Page 4
(b) The City shall have the right to cancel this Agreement in the event of the
violation by Nu Vox of any terms and conditions hereof upon ninety (90) days
written notice of cancellation to Nu V ox and failure by Nu V ox to cure such
violation within such period.
(a) NuVox shall have the right to cancel this Agreement in the event of the
violation of the City of any of the terms and conditions hereof upon ninety (90)
days written notice of cancellation to the City and failure by the City to cure
such violation within such period.
18. NuVox and the City shall each have the right to cancel this Agreement as follows:
17. NuVox further agrees that there will be no additional charges incur.ced by the City
upon execution of this Agreement.
1 acknowledges that this Agreement is contingent upon the availability funds
provided by the assessment of emergency telephone fees imposed by the City in
accordance with the Nine-One-One Emergency Number Act, 63 2811 et seqo
NuVox further acknowledges that this Agreement is subject to the appropriation of
sufficient funds in each fiscal year for which E-911 Services are provided and, in the
event of the failure of the City to appropriate nmds as herein provided, this
Agreement shall be null and void without further action by the City. (Oklahoma
Constitution, Article 10, Section 26).
15. This Agreement contains the entire Agreement of the parties with respect to the
service described herein, and no other Agreement, statement, or promises made by
any party, or to any employee, officer, or agent, of either party, which is not
contained in the Agreement shall binding or valid.
140 The terms of this Agreement, and each of them, cannot be waived, altered or
amended unless the same be consented to in writing by the parties hereto.
NuVox Agreement - Page 5
Date: February to ,2003
ATTEST:
Edward J. Cadieux
Printed Name & Title
By/;llUti-L1jf /' '
NUVOX COMMUNICATIONS
Stephen Po Gray, City Attorney
FORM & CONTENT:
APPROVED AS
Marcia Boutwell, City Clerk
Michael Helm, Mayor
THE CITY OF OW ASSO, OKLAHOMA
IN WITNESS WHEREOF, said parties have caused this Agreement to be executed in
their behalf as ofthe date indicated below.
1. Request by Mr. Ed Wagner
ATTACHMENTS
Mr . Wagner wishes to address the City Council concerning these dangers and to ask for the
City's help in promoting the benefits of bicycling as an alternative means of transportation. A
copy of Mr. Wagner's request is included with your packet.
The City of Owasso has received a request from Mr. Ed Wagner to address the Owasso City
Council at the March 4, 2003 regular meeting. In conversations with Mr. Wagner, staff has
been made aware of the dangers of cycling in Owasso without proper bicycle lanes on major
roadways or without a proper trail system designed to handle on-street and off-road bicycles.
BACKGROUND:
February 27, 2003
DATE:
REQUEST BY MR. ED WAGNER TO ADDRESS THE
CONCERNING THE BENEFITS OF PROMOTING BICYCLING AS
ALTERNATIVE MEANS OF TRANSPORTATION
ROBERT
PLANNER
THE HONORABLE MAYOR CITY COUNCIL
CITY OF OW ASSO
MEMORANDUM
cc: file
Sincerely,
r~f~~
8917 N 119th EAve
Owasso, OK 74055
(918) 407-7434
e.j. wagner.jr@aft.net
For these reasons, cyclists should be included in city planning. I would be happy to speak with
any of you or your staff members on bicycle related issues.
Facilities are only part of the equation, however. Facilities alone cannot make anyone safe on the
road. This is where cycling education comes in. We all experience a learning curve when we
first start any new activity. Cycling is no different. But that initial experience can be a dangerous,
frightening one for a novice. Bicycling education shortens the learning curve and produces a
safer bicycle rider.
Some of us use bicycles for daily transportation. Some use them for recreation. Regardless, the
same issues of road access and safety affect us all. Cyclists should be involved in the planning
process, if only to see that the plans meet real-world needs. After all, would we expect non-
motorists to design highways?
Some of the reasons are obvious: congestion mitigation, air quality, and personal fitness - quality
of life issues that concern all of us. Owasso is a safe and friendly town to bicycle in, but its
growth may change that. As growth spurs more development and more traffic, bicycle and
pedestrian issues could be pushed aside. But the inclusion of pedestrians and cyclists in urban
planning help to retain the small town atmosphere that makes this place so friendly.
and before the
I'd like to address that
How does bicycle transportation benefit
City Council at their meeting on March
Mr. Moore:
Mr. Robert Moore
City Planner
City of Owasso
19 Feb 2003
In December and January City staff began working with members ofthe Historical Society to
look at ways in which the City might respond to their request for help in assuring the long-term
well-being of the Museum, expansion of its hours of operation, and eventually even the growth
of its facilities. After some amount of discussion, it appeared to all involved that the simplest
In November 2002, the HistOllcal Society invited City Manager Rodney Ray to attend a meeting
to discuss possibilities for the Museum's future. The Society members expressed serious
concern about the future of the Museum. In the last three years, the Society has experienced
declining revenues from its fund-raising efforts. In addition, the Society has long been working
toward the goal of keeping the Museum open more than two days a week, but simply has not
been able to do so. The operation of the Museum has become the ongoing responsibility of a
relatively small number of dedicated people who would like to be able to keep it open, but who
are simply not able to do so themselves and who have been unable to interest enough additional
volunteers to reach that goal.
The Museum sits on the original lot purchased in 1987. A few years later, the Society also
acquired from the City of Owasso the lot adjacent on the south. The Society still owes the City a
balance of $4592.17 for the south lot. The two lots combined measure 6300 square feet or .14
acres mil. According to Society Board President, Glenn Gibson, the land and buildings are
valued at approximately $80,000 to $90,000.
In 1987 the Owasso Historical Society acquired the property at 26 S. Main. Over the next few
years, the Society restored the historic Komma Building built on the property in 1928. Through
donations, fund-raising and volunteer labor, much of it provided by the Society's Board
members, the building was transformed to become a fitting home for the long dreamed of
Owasso Museum. Thanks to the valiant efforts ofthe Society, what was for many years a
beloved but nonetheless sadly rundown sole remnant of old Owasso is now for all practical
purposes a new building on the interior. Walls and ceilings, electric, heat and air were all
completely restored and/or installed. A bdck sidewalk constructed of inscribed dedication bricks
adds a crowning touch to the exterior and provides the visitor with initial evidence of the
contribution and love of hundreds of friends of Owasso and the Museum.
BACKGROUND:
February 24,2003
DATE:
THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
MEMORANDUM
The Owasso Historical Society wants to accept the responsibility for input into the future
operations and development of the Museum. The creation of a Museum Advisory Board
provides for such participation. (It should be noted that such a concept of public ownership of
museums and other cultural facilities is common in most cities. The provision of such amenities
is of great value to the attractiveness of a community and the well-being of its residents, but is
most often impossible without the funding cooperation of both the public and private sectors.)
5. The effective date of the change of ownership and assumption of responsibility on the
part of the City be April 1, 2003.
4. The City of Owasso would require no further financial contribution from the Owasso
Historical Society toward the operation, maintenance, or development of the Museum,
other than that which the Society might voluntarily choose to contribute;
3. An Owasso Museum Advisory Board be created for the purpose of advising the City
Council and Staff in decisions relating to the operation and development of the Museum,
such board to be composed of a member ofthe Owasso City Council appointed by the
Mayor of Ow as so, the President of the Owasso Historical Society, the President of the
Owasso Arts and Humanities Council, and two other members designated by the Owasso
Historical Society Board of Directors;
2. The City of Ow as so assume responsibility for all operating expenses and maintenance of
the property and facilities and forgive the entire outstanding property debt;
1. The City of Owasso assume ownership of the Owasso Historical Society property and
facilities, contingent upon obtaining clear title, for the purpose of continuing operation of
the Owasso Historical Museum;
Based upon discussion with the Owasso Historical Society, staff proposes that:
PROPOSAL:
and best option would be for the City to assume ownership of the Museum, including the
property, building and contents. This solution would obviate difficulties inherent in any kind of
joint "ownership" and would free the Historical Society to concentrate on the areas of their
highest interest, such as artifacts collection and Museum exhibits. In exchange for assuming
ownership, the City would accept entire responsibility for operating expenses, including the cost
of utilities, maintenance, upkeep, insurance, etc. and would forgive the $4592.17 debt owed
the land that the Society bought from the City. addition, the City would agree to provide an
employee to locate at the Museum who would be responsible for extending the operating hours
and recruiting and coordinating volunteers. This employee would be assigned duties at the
Museum in addition to his or her existing responsibilities, adding no additional cost to the City
budget.
HISTORICAL SOCIETY AGREEMENT
FEBRUARY 24,2003
PAGE 2
As Oklahoma's fastest growing city, more and more of Ow as so's population are relative
"newcomers," without long-term Owasso roots. It can be estimated that as high as 87% of the
current population falls into this category. It is vital now, and will be even more so in the future,
that the work so well begun by the Owasso Historical Society to make Owassans aware of their
history be continued. A community that has been blessed with so much rich history and with
such caring citizens as Yolanda Chamey, Ruth Cooper, former Presidents, and Glenn Gibson,
cun'ent President, of the Owasso Historical Society, can only be further blessed by continued
COMMENTS:
$140.00
$500.00
$1000.00
$1,640.00
1. Utilities & phone
2. Wireless Network
3. Fumiture & Equipment
TOTAL
In addition to operating costs, there would be startup costs as follows:
As already noted, the proposal assumes the incurrence of no additional labor costs by the city.
Existing staffmember(s) would be assigned to the Museum in addition to current duties. Staff
anticipates that the city employee(s) so assigned would work determinedly toward the goal of
volunteer development for the Museum.
683.00
325.00
00.00
6336.00
4. Labor
Total
Property
Liability
1680.00
600.00
1200.00
2. Maintenance
3. Insurance:
1800.00
150.00
(currently $61)
140.00 -
(Currently $85)
50.00 -
Telephone
Natural Gas
City utilities
Electricity
a week to
Anticipated costs are as follows, based on increasing from two
a week:
HISTORICAL SOCIETY AGREEMENT
FEBRUARY 24, 2003
PAGE 3
Agreement with Owasso Historical Society Inc.
ATTACHMENT:
Based on review of the facts involved, staff recognizes that the future development and long-
term survival ofthe Owasso Museum is dependent upon the City of Owasso and recommends
that the Mayor and City Council approve an agreement between the Owasso Historical Society
and the City of Owasso, such agreement to include transfer of ownership of the Owasso Museum
and property to the City of Owasso and assumption by the City of Owasso of all operating
responsibilities and expenses ofthe Owasso Museum, and authorize the Mayor to sign the
agreement and any documents pertaining to the agreement.
RECOMMENDATION:
Collaborating with the City would generate the support needed to maintain the continuity of its
work. As is the case in many other communities, the Society has had the vision to bring forth
funds from the private sector for the benefit ofthe whole City, It is fitting that the City build on
this and the going so that the benefit continue and expand.
awareness ofthe wisdom and work of its forebears. The Owasso Historical Society lacks the
resources to continue to expand its vital work in the manner in which it would like.
HISTORICAL SOCIETY AGREEMENT
FEBRUARY 24, 2003
PAGE 4
Stephen P. Gray, City Attorney
REVIEWED AS TO FORM AND LEGALITY:
Marcia Boutwell, City Clerk
ATTEST:
Glenn Gibson, President
MichaellIehn,Mayor
OW ASSO HISTORICAL SOCIETY, INC.
CITY OF OW ASSO, OKLAHOMA
2003
APPROVED this _ day
7. This agreement may not be changed or altered except pursuant to the written consent of
all parties concerned.
6. The effective date of the change of ownership and assumption of responsibility on the
part of the City shall be April I, 2003, and is expressly contingent upon clear title to the property
described in Exhibit A being conveyed to the City of Owasso.
5. The City of Owasso will require no further financial contribution from the Owasso
Historical Society towards the operations, maintenance or development of the Museum.
4. Both parties agree that the Owasso Museum Advisory Board shall be comprised of the
Mayor of the City of Owasso or his designated representative, the President of the Owasso
Historical Society, the President of the Owasso Arts and Hum.anities Council, and two other
members chosen by the Owasso Historical Society Board.
3. 11H: City agrees to the creation of an Owasso Museum Advisory Board for the purpose
of making recommendations to the City Council and staff in decisions relating to the operation
and development of the museum. Said recommendations are to be made to the City Manager
and to the City Council of the City ofOwasso.
2. The City agrees to accept the real estate listed on Exhibit A from the Society. Further,
the City agrees to waive and forgive any mortgage and promissory note attached hereto as
Exhibit B.
1. The Society agrees to convey all of the real estate described on Exhibit A attached
hereto to the City of Owasso for the purpose of maintaining the Owasso Historical Museum.
COMES NOW the City of Owasso, hereinafter referred to as "City", and the Owasso Historical
Society, hereinafter referred to as "Society" and hereby agree to the following matters, to-wit:
AGREEMENT
My Commission Expires:
Notary Public
Commission Number:
Given under my hand and seal of office the day and year last written above.
On this _ day of ,2003, before me, the undersigned, a Notary Public, in
and for said County and State, personally appeared , to me
known to be the identical person who executed the within and foregoing instmment, and
acknowledged to me that he executed the same as his free and voluntary act and deed in his fiduciary
capacity for the uses and purposes therein set fortp..
STATE OF OKLAHOMA )
) ss
COUNTY OF TULSA )
President
OW ASSO HISTORICAL SOCIETY INC
IN WITNESS WHEREOF, the said Grantor and Grantee have hereunto set their hands the
day and year above written.
TO HAVE AND TO HOLD THE SAME, together with all and singular the tenements,
hereditaments, and appurtenances thereto belonging or in any wise appertaining forever.
Lot 11 and the South 75 Feet of Lot 12, in the Original Town of Ow as so, Tulsa County,
Oklahoma, according to the recorded plat thereof.
TRACT 2
and
The North 65 Feet of Lot 12, Block 19, in the Original Town ofOwasso, Tulsa County,
State of Oklahoma, according to the recorded plat thereof;
TRACT 1
WITNESSETH, that said Grantor in consideration of the sum of TEN AND NOll 00
DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, does hereby quit-claim, grant, bargain, sell and convey unto the said
Grantee, its assigns and successors, all its interest in and to the following described real estate,
situated in the City of Ow as so, County of Tulsa, State of Oklahoma, to-wit:
THIS INDENTURE, made this _ day 2003, between the Owasso
Historical Society lnc, an Oklahoma Nonprofit Corporation, hereinafter referred to as Grantor, and
the City of Owasso, Tulsa County, State of Oklahoma, hereinafter referred to as Grantee.
QUIT-CLAIM DEED
MAILING ADDRESS: PO Box 180, Owasso, OK 74055
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2780-287.owa/rem
Mortgagor covenants that Mortgagor is lawfully seized of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property, that the Property is unencumbered, and the
Mortgagor will warrant and defend generally the title to the Property against all claims and demands,
subject to any leases, declarations, easements or restrictions of record.
together with all the improvements now or hereafter erected on the real property, and all easements,
rights, appurtenances and all fixtures now or hereafter attached to the real property, all of which,
including replacements and additions thereto, shall be deemed to be and remain a part ofthe property
covered by this Mortgage; and all ofi:he foregoing, together with said real property, being hereinafter
called the "Property".
TO SECURE to the City ofOwasso, Oldahoma, the repayment of the indebtedness evidenced
by the Note, with interest thereon, if applicable, the payment of all other sums, with interest thereon,
advanced in accordance herewith to protect the security of this Mortgage, and the performance of
the covenants and agreements of Mortgagor herein contained, Mortgagor does hereby mortgage,
grant and convey to Mortgagee and specifically grants to and confirms upon Mortgagee the power
to sell in the manner provided in the "Oklahoma Power of Sale Mortgage Foreclosure Act," 46 O,S.
S 40-48, that certain tract of real property located in the County of Tulsa, State of Oklahoma,
described as:
Lot 11 and the South 75 feet of Lot 12, Block 19, in the Original Town ofOwasso,~ulsa
County, Oklahoma, according to the record plat thereof,
WHEREAS, Mortgagor is indebted to the City of Owasso, in the principal sum of Ten
Thousand Dollars ($10,000.00), which indebtedness is evidenced by Mortgagor's promissory note
of even date herewith.
TIns MORTGAGE is made this 15th day of July, 1996, by and between Owasso Historical
Society, Inc., an Oklahoma Nonprofit Corporation, (hereinaH:er caned the "Mor~gagor"), and the City
of Ow as so, Oklahoma, (in such capacity referred to as "Mortgagee").
Ap.ower of s~has been grantedjn this Mortg~ower oLSllle may allow the Mortgagee tQ
~ged property and sell it withQutgQJngJP court in a foreclosure action ~
underJ:his Mortga~.
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C"';.
aJ
In
REAL ESTATE MORT..GAGE.
jiyITH POWJLRJ1FSALE
C:I
-::r
City of Owasso
P.O, Box 180
Owasso, OK 74055
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RePT 771187 08/09/96 09:39:05
PGS 5 B/P 5835/0464-0468
TULSA COUNTY CLERK - JOAN HASTINGS
VOC # 96078403 FEE 0.00
2780-287.owaJrem
6. Mortgagee may make or cause to be made reasonable entries upon and inspections
of the Property, provided that Mortgagee shall give Mortgagor notice prior to any such inspection
specifYing reasonable cause therefore related to Mortga.gee's interest in the Property.
5. If Mortgagor fails to perform the covenants and agreements contained in this
Mortgage, or if any action or proceeding is commenced which materially affects Mortgagee's interest
in the Property, including, but not limited to, eminent domain, insolvency, code enforcement or
arrangements or proceedings involving a bankrupt, then Mortgagee at Mortgagee's option, upon
notice to Mortgagor, may make such appearances, disburse such sums and take such action as is
necessary to protect Mortgagee's interest, including, but not limited to, disbursement of reasonable
Attorney's fees and entry upon the Property to make repairs.
4. Mortgagor shall keep the Property in good repair and shall not commit waste or
permit impairment or deterioration of the Property.
. In the event of damage or destruction of the Property, unless Mortgagor and Mortgagee
otherwise agree in writing, the insurance proceeds, at the sole option of Mortgagee, shall be applied
to the sums secured by this Mortgage, with the exces~, if any paid to Mortgagor, or to restoration
or repair of the Property damaged.
All insurance policies and renewals thereof shall include a standard mortgage clause in favor
of Mortgagee. In the event ofloss, Mortgagor shall give prompt notice to the insurance carrier and
Mortgagee. Mortgagee may make proof of loss if not made promptly by Mortgagor.
3. Mortgagor shall keep the imp:'ovemems now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage", and such
other hazards as Mortgagee may require and in an amount not less than the unpaid plincipal amount
of the Note. '
2. Mortgagor shall pay all taxes, assessments and other charges, fines and impositions
attributable to the Property which may attain a priority over this Mortgage when due, directly to the
payee thereof. Upon request, MOltgagor shall promptly furnish to Mortgagee receipts evidencing
such payments. Mortgagor shall promptly discharge any lien which has priority over this Mortgage;
provided, that Mortgagor shall not be required to discharge any such lien so long as Mortgagor shall
good faith contest such lien by, or defend enforcement of such lien in legal proceedings which
operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof.
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1. Mortgagor shall promptly pay when due the principal of and interest, if applicable, on
the indebtedness evidenced by the Note.
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Mortgagor and Mortgagee hereby covenant and agree as follows:
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3780-287.owaJrem
Mortgagee, as an alternative to judicial foreclosure, may elect to toreclose by power of sale
as provided under and pursuant to the Oklahoma Power of Sale Mortgage F orec!osure Act, 46 O. S.
~ 40-48, and for such purposes l\tfortgagor authorize Mortgagee or Mortgagee's Attorney or agent,
and grants to Mortgagee and Mortgagee's Attorney or agent the power, to sell and convey the
12. Upon Mortgagor's breach of any covenant or agreement of Mortgagor in this
Mortgage, excepting the covenants to pay when due any sums secured by this Mortgage, Mortgagee
prior to acceleration shall mail notice to Mortgagor as provided herein specifYing: (1) the breach; (2)
the action required to cure such breach; (3) a date by which such breach must be cured, which shall
be at least ten (10) days after said notice is received by Mortgagor; and (4) that failure to cure such
breach on or before the date specified in the notice may result in acceleration of the sums secured by
this Mortgage, foreclosure by judicial proceedings and sale of the Property. If any sum to be paid
hereunder or under the Notes is not paid on the due date thereof or if a non-monetary breach is not
cured on or before the date specified in the notice, Mortgagee, at Mortgagee's option, may declare
all ofthe sums secured by this Mortgage to be immediately due and payable without further demand
and m('i.y foreclose this Mortgage by judicial proceeding or by power of sale. Mortgagee shall be
entitled to collect in such proceeding all expenses of foreclosure, including, but not limited to,
reasonable Attorney's fees, and costs of documentary evidence, abstracts and title reports.
11. Mortgagor may not sell or convey all or any part of the Property or an interest therein
without Mortgagee's prior written consent.
10. This Mortgage shall be governed by the law of the State of Oklahoma.
1. 9. Except for any notice required under applicable law to be given in another
manner, (a) any notice to Mortgagor provided for in this Mortgage shall be given by mailing
such notice by certified mail, return receipt requested, addressed to Mortgagor, Owasso
Historical Society, 42 South Main , Owasso, Oklahoma 74055, or at such other address
as Mortgagee shall be given by certified mail, return receipt requested, and (b) any notice to
Mortgagee provided for herein shall be given by mailing such notice by celtified mail, return
receipt requested, addressed to Mortgagee's address, City of Owasso, P.O. Box 180,
Owasso, Oklahoma 74055, or to such other address as Mortgagee may designate by notice
to Mortgagor when given in the manner designated herein.
8. The cO\'enants agreements herein contained shall bind, the rights hereunder
shall inure to the respective successors and assigns
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the event a total or partial taking of the Property, the proceeds shall be applied to the
sums secured by this Mortgage, with the excess, if any, paid to Mortgagor.
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7. The proceeds of any award or claim for damages, direct cr consequential, i::1
connection with any condemnation or other taking of the Property, or part thereof, or for conveyance
in lieu of condemnation, shall, at Mortgagee's option, be used to restore the Property or to be applied
to the sums secured by this Mortgage.
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APPROVED/AS TO FORM:
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Ronald D. Cates, City Attorney
CITY OF OWASSO, OKLAHOMA
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rp CL./VL!fLLY' J j//~j
Secretary
ATTEST:
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and year first written hereinabove.
14. Appraisement ofthe Property is hereby waived or not waived at Mortgagee's option,
which shall be exercised at the time judgment is rendered in any foreclosure hereof.
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13. Upon payment of all sums secured by this Mortgage, Mortgagee shall release this
Mortgage without charge to Mortgagor. Mortgagor shall pay all costs of recordation, if any,
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Property to a purchaser and to foreclose all right, title, interest and estate ofMongagor and all other
persons having an interest subject to the lien of this Mortgage in and to the Property,
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Notary Public
My Commission Expires: t:~ -/,,9 cj'S"
Before me, the undersigned, a Notary Public in and for the County of Tulsa, State of
Oklahoma, personally appeared DamlY Ewing and Marcia Boutwell, personally known to be as such,
and acknowledged to me that they executed the above and foregoing on behalf of the City of Owasso,
Oklahoma, as its Mayor and City Clerk for the uses and purposes therein stated,
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COUNTY OF TULSA
STATE OF OKLAHOMA
My..Gommi.s~ion Expires: .p. -I.1f - t'/ 'ff
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"",,~,Sli C{}~~,/ CORPORATE ACKNOWLEDGMENT
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Notary Public
Before me, the undersigned, a Notary Public in and for the County of Tulsa, State of
Oklahoma, personally appeared -G~ and personally known to be
as such, and acknowledged to me that they executed the above and foregoing on behalf of the
Owasso :Historical Society, as its President and Secretary the uses and purposes therein
stated.
l(")
C")
CO
In
ST ATE OF OKLAFIOMA )
) 5S,
COUNTY OF TULSA )
W
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C)
.cllRPDRATE AL'KNOJYLEUGMENT
1
2780-287.owajpn
Such installments of interest and principal shall be due and
payable as aforesaid until the full principal amount of this Note
an all interest hereon has been paid in full. Payment in advance
Consecutive annual installments of principal and
interest each in the amount of
12<15. ().5 , (which installments shall
first be applied ~o interest accruing hereon) and a
final installment of principal and interest in the
amount of the then outstanding principal balance
together with the then accrued and unpaid interest
hereon, if any, with the amount of the final
installment of principal and interest to be
determined at time and place of payment on due
date;
(a) Commencing July 16, 1996, and continuing on the 16th day
of July thereafter through July 16, 2006:
The principal sum and interest hereon will be paid in annual
installments at the principal banking office of the First Bank of
Owasso, in Owasso, Oklahoma, not later than 11:00 olclock a.m., on
the due date, as follows:
The annual rate of interest hereon shall not exceed and is
expressly limited by the maximum non~usurious or statutory rate of
interest permissible under applicable law. The Parties agree that
the applicable law shall be the laws of the State of Oklahoma and
the laws of the united States.
All interest accrued and payable under this Note will be computed
based on the actual number of days elapsed over a year of 360 days.
Payments made hereunder shall be applied first to currently due
interest at the rate or rates specified above and the balance, if
any, will be applied in reduction of the principal balance hereof.
FOR VALUE RECEIVED, the undersigned, Owasso Historical Society,
Inc., an Oklahoma Nonprofit Corporation ("Maker"), promises to pay
to the order the City Owasso, Oklahoma, their successors and
assigns (the II ~Ii), at their principal banking of
Bank Owasso, in O\;!asso, Oklahoma, or at place
as may be designated in writing by the ho Note, the
principal sum of Ten Thousand Dol ($10,000.00), with
interest at the rate of Percent (5%) per annum.
Dated as of July 15, 1996
Owasso, Oklahoma
PROMISSORY NOTE
2
2780-287.owa/pn
Owasso Historical Society! Inc.
This Note together with all extensions, renewals or changes in form
hereof is secured by a Mortgage, dated as of July 15, 1996, between
the Maker and the Promisee covering certain real and personal
property and interest therein located in Tulsa County! Oklahoma!
together with other collateral, pursuant to which this Note is
issued and secured.
If any event of default shall have occurred hereunder or under the
Mortgagef the holder hereof shall be entitled, at its option, to
declare the unpaid principal balance of this Note to be immediately
due and payable. A failure by such holder 't.o exercise such option
will not constitute a waiver of the right to exercise the same in
the event of any subsequent default. Such rights of acceleration
are cumulative and in addition to any right of acceleration
provided in any writing or writings now or hereafter securing or
purporting to secure payment of the indebtedness evidenced hereby.
After maturity (whether by extension, acceleration or otherwise),
interest shall accrue hereon at a Five Percent (5%) rate of
interest. If this Note is put in the hands of an attorney for
collection upon any default, or to defend or enforce any of the
holder's rights hereunder or any instrument securing payment of
this Note or if this Note is collected through bankruptcy or other
judicial proceeding! the Maker agrees to payor cause the Promisee
to pay the reasonable attorney fees of.the holder of this Note and
all reasonable costs and expenses incurred in connection therewith.
( suretles, ~ilU aLl others now or
liable payment or any portion of the
indebtedness by Note) severally waive demand,
presentment, notice of dishonor, protest, notice of protest, and
diligence in collecting this Note and diligence in bringing and
prosecuting suit against any party bound hereby, and agree that no
extension, renewal or partial payment, or release or substitution
of collateral before or after maturity! with or without notice,
shall release or discharge the obligation oj any party.
If any payment shall due on a Saturday or Sunday or upon any
banking holiday, such payment shall due and payable on the next
succeeding banking and I accrue to day,
of one or more of the unmatured principal installments hereof may
be made by the Promisee witho~t penalty; PROVIDED, that any such
payment in advance shall be applied first to accrued interest
hereon and then to the installment or installments of principal
hereof last maturing,
3
2780-287.owa/pn
By: ~__
Marc'a Boutwel City Clerk
ATTEST:
~
Wing/~MaYOr --
City of Owasso, Oklahoma
of
19
(SEAL)
ATTEST:
'~J" '/' .
, ,
'/~i. .--Lef.-i.'--___..
;1 /'
By: q(('l!:-: <-
President
~10,OOO principal: 9 veal's; 5%
Annual Payments $1,406.90
Payment Principal
Payment Date Interest Principal Total Balance
1 01/16/91 500.00 906.90 1,406.90 9,093.10
2 01116/98 454.65 952.25 1,406.90 8,140.85
3 01116/99 401.04 999.86 1,406.90 1,141.00
4 01/16/2000 351.05 1,049.85 1,406.90 6,091.14
5 01/16/2001 304.56 1,102.34 1 ,406.90 4,988.80
6 01/16/2002 249.44 1,151.46 1,406.90 3,831.34-
1 01/16/2003 191.51 1,215.33 1,406.90 2,616.01
B 01/16/2004 130.80 1,276.10 1,406.90 1,339.91
9 01/16/2005 61.00 1,339.91 1,406.90 0.00
2,662.11 10,000.00 12,662.11
$1~000 principal; 10 V~~~; 5%
Annual Payments $1,295.05
Payment Principal
Date Interest Principal Total Balance
.1 1,295.05
2 6/9B 1,295.05
3 01/16/99 418.51 1,295.05
4 01/16/2000 314.68 1,295.05
5 01/16/2001 328.66 966.38 1,295.05 5,606.81
6 01/16/2002 280.34 1,014.10 1,295.05 4,592.11
1 01/16/2003 229.61 1,065.44 1,295.05 3,526.13
8 01/16/2004 116.34 1 ,118.11 1,295.05 2,408.02
9 01/16/2005 120.40 1,114.64 1,295.05 1,233.38
10 01/16/2006 61.61 1,233.38 1,295.05 0.00
2,950.46 10,000.00 12,950.46
The policy lists six (6) guidelines for the proper review of annexation petitions. Of particular
interest is the City's requirement that all petitions for annexation must include property that is
A copy of the City of Owasso Annexation Policy is attached to this memorandum. The City's
policy, adopted by City Council on March 1,1988, was based on twenty (20) years of annexation
history where among other methods; the City utilized the "strip-method" of annexation.
ANALYSIS:
Currently, the property is zoned AG (Agricultural General District) in Tulsa County. According
to the City of Owasso Annexation Policy, all property annexed into the City is required to retain
the current County zoning classification or to be annexed within the corporate limits at the least
intense City zoning category, or AG (Agricultural General District). Upon successful approval
of annexation and prior to any development, the property would be subject to the City's review
requirements for rezoning. These requirements include posting the property with a rezoning
sign, legal notification to surrounding property owners and the publication of a legal
advertisement in the Owasso Reporter.
ZONING:
The City of Owasso has received a petition for the annexation of property lying within Section 6,
Tulsa County. The applicant is requesting review of this petition as an appeal of the
recommendation for denial at the January 13, 2003 regular meeting of the Owasso Planning
Commission. The subject property totals 20.65 acres, more or less and is located on the east side
ofN. 97th East Ave., approximately 2,640 feet north of the N. 97th East Ave. and E. 1161h St N.
intersection. A general area map and a complete legal description have been included with your
packet.
BACKGROUND:
February 20,2003
DATE:
APPEAL PLANNING
PATRICK SCHUMACHER
THE HONORABLE AND CITY
CITY
MEMORANDUM
Staff believes that it is in the City's best interest to annex the Schumacher property or any parcel
of land not currently developed in an urban setting to effectively oversee the impact of that
development if it occurs near the City's corporate limits. Without this oversight, residential
subdivisions will continue to develop in the County without requirements for stonn water
Particular to Mr. Schumacher's petition, this tract of land is considered contiguous by a ten (10)
foot strip of public right-of-way along the eastern boundary of N. 97th East Ave. Of interest to
the City are the additional two hundred (200) acres of developable land immediately adjacent to
the Schumacher property. The argument has been put forth by the Planning Commission,
however, that the adjacent parcels are currently developed. Staff tends to disagree. Staff believes
that the current density of the area warrants some potential for large residential development to
occur for a developer who can parcel several of the properties together. There appear to be four
(4) single family structures along the N. 97th East Ave. street frontage and approximately fifteen
(15) single family structures along the N. 126th East Ave street frontage. This would equate to
.09 dwelling units per acre or one (1) dwelling unit per every ten (10) acres. The City of Ow as so
zoning district with the least intense dwelling unit per acre requirement is the AG (Agricultural
General District). In the AG district, the maximum number of dwelling units allowed is 2.2 acres
per dwelling unit, well above the current developed density ofthe area in question.
Owasso has effectively used this method of annexation to ensure that nearby development occurs
with a standard above what is allowed by County regulations. Some of the developments where
the City has embraced this method are El Rio Vista, Coffee Creek, Hale Acres and Garrett Creek.
The City uses the "strip-method" to extend its corporate limits into an area before development
under County regulations can occur. If a development does occur under County regulations and
then requests annexation, all public infrastructure that does not meet City standards will not be
improved by the City until brought to City standards and accepted by City Council. Such public
infrastructure must be improved at the owners' expense by the establishment of a special
assessment district or some other financing method. Therefore, the intent of the policy is to
extend into to an area likely to develop and entice surrounding property owners to petition for
annexation. With this intent in mind, the policy alleviates the need for any special financing
method because the property that would have developed in the County now has the opportunity
to be included within the City of Owasso.
stated it has the City's policy that properties not apparently considered
contiguous must include in their respective petitions an adequate amount of public right-of-way
or a strip of land connecting the property to current city limits in order to create a contiguous
parcel.
"The municipal governing body by ordinance may add to the municipality territory adjacent or
contiguous to its corporate limits and increase or diminish the corporate limits as the governing
body deems desirable for the benefit of the municipality. "
contiguous to existing City limits. In order to create a contiguous parcel, many applicants have
provided either a strip of public right-of-way or a strip parcel of land. In addition to being a
requirement of the City's policy for the review of annexation petitions, this "strip method" is also
consistent with the Oklahoma State Statutes governing municipal annexations.
Title 11, Section 21-101, Oklahoma State Statutes states :
1. General Area Map.
2. Letter(s) of Appeal.
3. Planning Commission Staff Report (w/o attachments).
4. Minutes from the January 13, 2003 Planning Commission Meeting.
5. Annexation Petition.
6. Legal Advertisement.
7. Annexation Policy.
8. Annexation Procedures.
ATTACHMENTS:
Staff recommends Council approval of the request to annex into the corporate limits of the City of
Owasso 20.65 acres, more or less.
RECOMMENDATION:
If the request is approved by the City Council, an ordinance will be presented at the March 18,2003
City Council meeting formally adopting the approval.
The Owasso Planning Commission at the January 13, 2003 regularly scheduled meeting
unanimously recommended denial of the petition. As stated above, this request is an appeal of that
decision.
PLANNING COMMISSION:
The City of Owasso Armexation Committee reviewed the proposal at the December 30, 2002
Special Meeting and unanimously recommended approval. A copy of those minutes are attached to
this document.
ANNEXATION COMMITTEE:
detention/retention and commercial developments that adjacent land owners might consider
detrimental to their property values will continue to develop near the City's existing limits.
Note: TItis map is intended for infol1l1ational purposes
only and does not represent an accurate and tJue scale,
Source: City ofOwasso Public WOIXs Department
Prepared by City ofOwasso Commwtity Development Department
2-13-03
r / / / / / / / A Schumacher Property
Ii!iiJ IlllSll!!llD! Il~ III ~Illl!!i!il!l Undeveloped Property
Schumacher Annexation
Petition
A Part of the South Hair (8/2) of the Northwest Quarter (NW/4)
or Section Six (6), Township Twenty-One (21) North, Range
Fourteen (14) East, Tulsa County, Oklahoma
Q Il$ mI m 1m m Slli!9ll!l1 rs B'J m mt m 113 City ofOwasso COIporate UmitB
LEGEND
sincere? ~~-'-F')
Pat Schumacher
I am requesting that the appeal referenced in my January 14, 2003 letter be placed on the next
regular City Council agenda.
On January 14. 2003. I provided a written request to appeal to the Owasso City Council the
denial of an annexation request by the Owasso Planning Commission. I requested that the appeal
be heard on February 18th. Pursuant to that request, unsuccessful attempts were made to
reconcile differences and concerns of the Planning Commission. Therefore, that request was not
placed on the February 18th City Council agenda.
Dear Ms. BoutWell:
'Appeal of a decision from the Owasso PlamlilBg CommissiolB
Box 180
Owasso. OK
February 2003
Pat Schumacher
The Plarming Commission denied the-request at-their m~eting-on-JMumy 13-1\ I fl:: lest to appeal
the Planning Commission's decision to the City Council at the coundPs reg ,II . meeting on
February 18llt:Snould you have any questions. comment39 or observations pleas,'! I >>not hesitat~
tocomact me a1,.2S-8=2053. My mailing address-is-9919-NorthHarvard; Sperry, (I : 74Q,73,
to the at II r l'neetmg on,
January 131", I nereby request an appeal to that recommendation. I request tMt j: I City Council
hear my request that the City OWBllSO mmex 20.65 acres that I own. The pI') ~ rty is located
on the east side of North 9th East Avenue approJdmately 2..640 reet north of dJ ltersection of
91th East Avenue and 116lh Street North.
Ms,
RE: @h
Ms. Marcia Boutwell
OW8SS0 City Clerk
P.O. Box 180
Owasso, OK 74055
January 14,2003
;;>'.1.0 LOO' 0000"':::;
FEB-I(-L~~~ ~~:L~ vn A L KU~H~K ~IHM~
ANALYSIS
The applicant is requesting this petition in order to construct RS-3 typical homes on the
subject property. As mentioned above, the subject property totals 20.65 acres and is
currently zoned AG (Agricultural General District) in Tulsa County. All property annexed
into the City is required to be zoned the lowest zoning classification (AG) or retain the
zoning classification obtained in Tulsa County. However, the current Tulsa County zoning,
as mentioned above, is AG thereby leaving the applicant with no option but to accept an AG
zoning classification. A rezoning request to allow for residential uses would require
notification to property owners within 300' as well as publication of a legal advertisement in
the Owasso Reporter. Additionally, a rezoning sign would be posted on the property at such
time that a rezoning was requested.
SURROUNDING ZONING
North: AG (Agricultural General District) - Tulsa County
South: AG-R (Agricultural Residential Single Family Rural District) - Tulsa County
East: AG (Agricultural General District) - Tulsa County
West: AG-R (Agricultural Residential Single Family Rural District) - Tulsa County
PR.ESENT ZONING
AG (Agricultural General District) - Tulsa County
SURROUNDING LAND USE
North: Residential- Single Family
South: Residential- Single Family
East Vacant
West: Residential- Single Family
EXISTING LAND USE
Vacant
LOCATION
See attached legal description.
BACKGROUND
The City Owasso received a Patrick Shmnacher, applicant/owner, the
annexation of approximately acres, more or less. The subject property is located on the
east side ofN. 97th E. Ave. approximately 2640 feet north of the N. 97th. E. Ave. and E. 116th.
St. N. intersection. A general area map and a complete legal description have been attached
for your infonnation and review.
ANNEXATION
Shnmacb.er-~ Section 6, T N,
STAFF REPORT
CITY OF OW ASSO
COMMUNITY DEVELOPMENT DEPARTMENT
ATIACHMENTS
1. General Area Map.
2. Applicant's Annexation Petition.
3. City ofOwasso Annexation Policy.
4. City of Owasso Procedures for Annexation.
S. Legal Notice.
RECOMMENDATION
Staff recommends approval of the request by Patrick Shumacher, to annex into the corporate
limits of the City ofOwasso approximately 20.65 acres, more or less.
OWASSO ANNEXATION COMMITTEE
The Owasso Annexation Committee, at their December 30, 2002 Special Meeting, reviewed
the petition and unanimously recommended approval.
TECHNICAL ADVISORY COMMITTEE
The Owasso Technical Advisory Committee reviewed the proposed annexation at their
December 30, 2002 regular meeting. At that meeting, no opposing comments were sited by
staff or utility providers.
If this Commission approves the annexation petition, the request will be forwarded to City
Council for final review and approval.
Staff published legal notice of the annexation petition for three consecutive weeks beginning
in the December 19, 2002 edition of the Owasso Reporter. Staffhas received no phone calls
or correspondence concerning the request.
Upon development, the subject site would receive residential water and sewer service from
the City of Owasso while the burden of extending infrastructure to the site would fall upon
the developer. There appear to be no infrastructure issu.es that would limit the development
of the property.
copy Annexation Policy is attached for your information and review. subject
property meets aU requirements included within the policy. Staff feels that it is in the
interest of the City ofOwasso to have the City's govern the
development of this parcel rather than Tulsa County.
If the annexation were approved and prior to any development, the applicant would be
required to apply for and receive approval from the City of Owasso. This approval would
consist of not only the Preliminary and Final Plat reviews by the Technical Advisory
Committee and Planning Commission, but also Final Plat approval from City Council. Any
development that occurs on the subject property would adhere to all subdivision and zoning
requirements including but not limited to paved streets, sidewalks and stormwater detention
facilities.
The Chair introduced the item and the staff review was given by Robert Moore. The
applicant is requesting this annexation in order to construct RS-3 homes on the property.
The subject property meets all of the requirements included in the Annexation Policy.
Staff published legal notice for three consecutive weeks. No calls have been received.
The Owasso Technical Advisory Committee reviewed the request at their December 30,
2002 regular meeting. The Annexation Committee also reviewed and unanimously
recommended approval. Staff recommends approval of the request, to annex into the
corporate limits 20.65 acres, more or less. Mr. Patrick Shumacher, the applicant/owner,
4. Annexation Request - A request for the annexation of property containing approximately
20.65 acres, more or less. The subject property is located on the east side of N. 97th E
Ave. approximately 2640 feet north of the N. 97th E Ave. and E. 1161h St N. intersection.
The motion carried 5-0.
Ray Haynes - Yes
Charles Willey - Yes
Dewey Brown - Yes
Dale Prevett - Yes
Bill Williams - Yes
3. CONSIDER APPROVAL OF THE MINUTES OF DECEMBER 9,2002 REGULAR
MEETING - The Commission reviewed the minutes of December 9, 2002 Regular
Meeting, Charles Willey moved, seconded by Dewey Brown to approve the minutes. A
vote on the motion was recorded as follows:
ROLL CALL
1. CALL TO ORDER - Chairperson Ray Haynes called the meeting to order at 7:00 PM
and declared a quorum present
The agenda for the regular meeting was posted at the north entrance to City Hall on January 6,
2003 at 12:00 PM.
STAFF
Robert Moore
Marsha Hensley
Rickey Hayes
MEMBERS
MEMBERS
Ray Haynes
Charles Willey
Dale Prevett
Dewey Brown
Bill Williams
OW ASSO PLANNING COMMISSION
MINUTES OF REGULAR MEETING
Monday, January 13, 2003
Owasso Community Center
301 South Cedar, Owasso, Oklahoma
The Chair introduced the case and Robert presented the item. The surrounding land use
and surrounding zoning was described. The Owasso 2010 Master Plan identifies the
subject property as having future land use of public and low density residential. Staff
feels that this proposal is consistent with the Master Plan for several reasons. The Master
Plan labels the north half of the property as having a future land uses as public. If this
property did develop as a public use, it would be the third such land use category in this
section, a use of high intensity residential would further opportunities for home
ownership. The Master Plan identifies the southern half of the site as a future use of low
intensity residential. The plan defines low density residential as having a density of 2 - 5
dwelling units per acre. The Morningwood Preliminary Plat contains 58 lots on 15.00
acres with a density of 3.8 units per acre. The Technical Advisory Committee reviewed
the request at their December 30, 2002 meeting. No comments were received. Staff
recommends approval of the rezoning from AG (Agriculture) to RS-3 (Residential Single
Family High Density District). The access easement to the west was discussed. Mr.
David Charney requested a brief presentation to the Commissioners. He stated that
Owasso Land Trust feels that it was very important to develop this property in an
5. OZ-02-10 ~ A request to rezone approximately 15.00 acres, more or less from AG
(Agricultural General District) to RS-3 (Residential Single Family High Density District).
The subject property is located on the south side of E. 116tl1 St N. approximately 1700
feet east of the E. 116th St. N. and N. Garnett Rd. intersection.
The motion carried for denial 5-0.
Ray Haynes - Yes
Charles Willey.- Yes
Dale Prevett - Yes
Dewey Brown - Yes
Bill Williams ~. Yes
After discussion, Bill Williams moved to deny the annexation request. The motion was
seconded by Charles Willey. A vote on the motion was recorded as follows:
was present to address any concerns. Ray Haynes and Charles Willey questioned whether
it was advantageous to annex the subject property. Interpretations of the State Statue
regarding the annexation of contiguous property were also discussed. Robert explained
that the property to the south will possibly be almexed into the city limits at a later date
and it is Staff's opinion the annexation this property is advantageous to the City
Owasso. He also stated that the annexation request does meet City policy and is adjacent
to the public right..of-way. suggested tabling this item until the February Planning
Commission meeting. Ray questioned that if the item is tabled could anything change if
the applicant's attorney would be present
OW ASSO PLANNING COMMISSION
January 13, 2003
Page No, 2
Petition fi)[ Annexation.wpd
~MLt ~'-wl'i<~~
J tly Sch macher
/~
Dated this 3J..... day of December, 2002.
being 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.
Begimung at the Southwest comer of said Northwest Quarter (SW/4 NW/4) said
point also being the Southwest comer of Government Lot 5, thence North 00 06'
48" West and along the West line of said Northwest Quarter (NW/4) for a
distance of 663.85 feet, thence South 89042' 20" East for a distance of 1335.00
feet, thence South 00 06' 48" East and parallel to the West line of said
Northwest Quarter (NW/4) for a distance of 644.82 feet to a point on the South
line of said Northwest Quarter (NW/4), thence South 89028' 54" West and
along said South line for a distance of 1335.00 feet to the point of beginning and
containing 20.05 acres.
Tract land lying the South-Half the Northwest Quarter (S/2, NW/4)
of Section Six (6), Township Twenty-One (21) North, Range Fourteen (14) East
of the Indian Base and Meridian, Tulsa County, State of Oklahoma, and being
more particularly described as follows, to~wit:
and
estate
less than three-fourths of the
the
constituting
owners
to wit:
BEFORE THE HONORABLE
CITY COUNCIL OF
THE CITY OF OW ASSO, OKLAHOMA
PETITION FOR ANNEXATION
EnO:I1 20 21 oea
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All persons interested in this matter may be present at the hearing and give their o~jections to or
You are hereby advised that the above petition for annexation was filed with the Community
Development Department of the City of Ow as so on the 3rd day of December, 2002, and that said
petition will be presented to the City of Owasso Planning Commission at the Owasso Community
Center, 301 South Cedar, Owasso, Oklahoma at 7:00PM on the 10th day of March, 2003.
NOTICE TO THE PUBLIC
Owner: Patrick Schumacher and Judy Schumacher
Dated this 3rd day of December 2002.
being 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.
THE WEST 10 FEET OF THE SOUTHWEST QUARTER (SW/4) OF SECTION SIX (6),
TOWNSHIP TWENTY-ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN
BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA,
SAID TRACT CONTAINING .60 ACRES, MORE OR LESS.
AND
SAID TRACT CONTAINING 20.05 ACRES, MORE OR LESS.
A LAND LYING IN (S/2,
NW/4) SECTION TOWNSEUP TWENTY-ONE (21) NORTH:, RANGE FOURTEEN
(14) EAST INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA, AND BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS, TO-WIT:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTIIWEST QUARTER (SW/4,
NW/4) SAID POINT ALSO BEING THE SOUTHWEST CORNER OF GOVERNMENT LOT 5,
THENCE N 00006'48" W AND ALONG THE WEST LINE OF SAID NORTHWEST QUARTER
(NW/4) FOR A DISTANCE OF 663.85 FEET, TIlENCE S 89042'20" E FOR A DISTANCE OF
1335.00 FEET, THENCE S 00006'48" E AND PARALLEL TO THE WEST LINE OF SAID
NORTHWEST QUARTER (NW/4) FOR A DISTANCE OF 644.82 FEET TO A POlNT ON THE
SOUTII LINE OF SAID NORTHWEST QUARTER (NW/4), THENCE S 89028"54" W AND
ALONG SAID SOUTH LINE FOR A DISTANCE OF 1335.00 FEET TO THE POINT OF
BEGINNING.
The undersigned, constituting not less than three-fourths of the registered voters and being owners of
not less than three-fourths (in value) of the hereinafter described real estate situated Tulsa County,
Oklahoma,
BEFORE THE HONORABLE
CITY COUNCIL OF
TIIE CITY OF OW ASSO, OKLAHOMA
PETITION FOR ANNEXATION
Robert Moore
City Planner
2002.
Oklahoma, 11 ill
at
See the attached map for property location. For more information on the proposed annexation
contact the Community Development Department, City Hall, III N. Main, Owasso, Oklahoma,
74055 or by phone (918) 543.
arguments for the proposal. The Planning Commission will submit its recommendation to the
City Council of the City of Owasso for its consideration and action, as provided by law. The
petition will be presented to the City of Owasso City Council at the Owasso Community Center,
301 South Cedar, Owasso, Oklahoma at 6:30 PM on the 18th day of March, 2003.
Adopted by City Council on March 1, 1988.
1. While there is no minimum tract size, properties of larger than 20 acres are preferable.
2. All properties should be contiguous to existing City limits.
3. All properties should be annexed into the City limits as the lowest zoning classification,
that is, Agricultural lAG). Landowners may then petition for rezoning if they desire
further development of their property. All legal uses annexed into the City will be legal,
but non-conforming, which means that they may continue but cannot be expanded
without proper loning.
4. All public infrastructures that do not meet City standards will not be improved by the
City until brought to the City standard and accepted by the City Council. Such public
facilities must be improved at owners expense by the establishment of a special
assessment district or some other financing method.
5. Where a City limit boundary ends at a dedicated street, the boundary will not include the
street right-of-way. This policy will establish consistence and allow City employees and
citizens to know where the City boundaries are.
6. Properties that are rejected for annexation should not be considered for annexation for a
six month period after rejection by the City Council.
The following annexation policy for the City of Owasso is provided as a guideline and should
not be construed as inflexible requirements for annexation.
City of Owasso
Community Development Department
III North Main
P.O. Box 180
Owasso, Oklahoma 74055
Phone: (918) 376-1543 Fax: (918) 376-1597
Adopted by City Council on March 1, 1998.
7. If the proposal is approved by the City Council, an Ordinance \vill be prepared,
approved, published, and filed of record with the office of the County Clerk, with a map
of the property annexed.
6 City Council Hearing and action on the proposal.
5. Notice published two consecutive weeks in the Owasso Reporter at the applicant's
expense of a City Council Hearing which include a map and text of the proposed
annexation.
4. Planning Commission Hearing on the proposal and recommendation to the City
Council.
3. Notice published once in the Owasso Reporter at the applicant's expense of a Planning
Commission Hearing which will include a map and text of the proposed annexation.
2. Review by a Standing Annexation Committee and recommendation to the Planning
Commission and City Council.
1. Submission to the City Planner of an application and petition and an administrative fee
as prescribed by Ordinance.
" .IZEN SPONSORED A1\fNEXATION:
7. If the proposal is approved by the City Council, an Ordinance will be prepared,
approved, published, and filed of record with the office of the County Clerk, with a map
of the property annexed.
6. City Council hearing and action on the proposal.
5. Notice published two consecutive weeks in the Owasso Reporter of a City Council
Hearing which will include a map and text of the proposed annexation.
4.' Planning Hearing on proposal and recommendation to the
Council.
1 Review a Standing Annexation Committee and recommendation to the Planning
City CounciL
2. Notice published two consecutive weeks in the Owasso Reporter of a Planning
Commission Hearing which will include a map and text of the proposed annexation.
1. City Council direction to study the annexation of property.
TY COUNCIL SPONSORED ANNEXATION:
PROCEDURES FOR ANNEXATION
NOTE: This equipment will be available at the City Council meeting for you to see.
Staff recommends that the City Council accept the donation of a new outdoor sound system from
the anonymous donor.
RECOMMENDATION:
Staff researched what would be the most efficient system for the City. This would include one
mixer/amplifier, one handheld microphone, one 25' microphone cord, one round base stand, two
12" speakers, two speaker stands, and two 50' speaker cords. Staff requested quotes for the
desired equipment, and four were received. Staff looked at the equipment and reached the
consensus that the equipment from Ace Sound, Inc., at a quote of $2,004.14, would best serve
the City's needs. Staff then contacted the citizen with this proposal. This was agreeable to him
and the invoice was then paid.
The City has never owned an outdoor sound system to use at parades, dedications, etc. Several
months ago during the dedication ceremony for the new municipal building, there were problems
with the borrowed sound system. Some of the dedication speeches could not be heard. One of
the citizens who attended the dedication approached staff a few months ago and volunteered to
purchase an outdoor sound system if staff would find one that would meet our needs. This
citizen has shown much "Benevolence" and dedication to the City of Owasso. He has, on other
occasions, donated equipment to the City. He also wishes to remain anonymous in this donation.
BACKGROUND:
FebTIlalY 26,2003
DATE:
DONATED SOUND EQUIPMENT
SUBECT:
COUNCIL
THE HONORABLE
CITY OF OWASSO
MEMORANDUM:
The equipment will be available at Tuesday evening's meeting for inspection.
NOTE:
Staff recommends City Council acceptance of the donation of a new pole pruner from Bailey
Equipment of Owasso.
RECOMMENDATION:
Staff has reviewed the donation and feels it would be a helpful addition to the inventory of
equipment. Additionally, it would be greatly appreciated.
Pat and Roger Bailey, owners of Bailey Equipment of Owasso, approached the City of Owasso
Parks Depmiment regarding a never-used pnmer that they were desirous of donating to the Parks
Department. This equipment would be added to the existing seasonal tool inventory and be used
by Parks personal to perform tree maintenance.
BACKGROUND:
February 26, 2003
DATE:
DAVID WARREN
FROM:
THE HONORABLE MAYOR AND COUNCIL
CITY OF OW ASSO
TO:
MEMORANDUM