HomeMy WebLinkAbout2011.11.15_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING:
Regular
DATE:
November 15, 2011
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 at 6:00 p.m. on
Friday, November 11, 2011.
,
Sherry Bishop, ity Clerk
AGENDA
1. Call to Order
Mayor Doug Bonebrake
2. Invocation
Doug Gregg, Pastor of Lifepoint Baptist Church
3. Flag Salute
4. Roll Call
5. Consideration and appropriate action relating to a request for City Council 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 November 1, 2011 Regular Meeting and the November 8,
2011 Special Meeting.
Attachment # 5-A
B. Approval of Claims.
Attachment # 5-B
C. Acknowledge receipt of the monthly FY 201 1-12 budget status report.
Attachment # 5-C
6. Consideration and appropriate action relating to items removed from the Consent
Agenda.
Owasso City Council
November 15, 2011
Page 2
7. Consideration and appropriate action relating to a request for City Council approval of an
Agreement for Administration of the Sales and Use Tax Ordinances with the Oklahoma Tax
Commission and authorization for the Mayor to execute the agreement.
Ms. Hess
Attachment # 7
Staff recommends City Council approval of an agreement between the City of Owasso
and the Oklahoma Tax Commission for the collection of sales and use taxes and
authorization for the Mayor to execute the agreement.
8. Consideration and appropriate action relating to a request for City Council approval of a
utility relocation agreement between the City of Owasso and Washington County Rural
Water District No. 3 and authorization for the Mayor to execute the agreement.
Mr. Stevens
Attachment # 8
Staff recommends City Council approval of an agreement between the City of Owasso
and Washington County Rural Water District No. 3 for the purpose of utility relocation
associated with the E. 86th Street Widening Project from Main Street to Memorial Road and
authorization for the Mayor to execute the agreement.
Consideration and appropriate action relating to a request for City Council approval of a
utility relocation agreement between the City of Owasso and Washington County Rural
Water District No. 3 and authorization for the Mayor to execute the agreement.
Mr. Stevens
Attachment # 9
Staff recommends City Council approval of an agreement between the City of Owasso
and Washington County Rural Water District No. 3 for the purpose of utility relocation
associated with the E. 106th Street and Garnett Road Intersection Improvement Project and
authorization for the Mayor to execute the agreement.
10. Consideration and appropriate action relating to a request for City Council approval of an
inter-local agreement between the City of Owasso and the Board of County
Commissioners of Tulsa County and authorization for the Mayor to execute the agreement.
Mr. Stevens
Attachment # 10
Staff recommends City Council approval of an inter-local agreement between the City of
Owasso and Board of County Commissioners of Tulsa County for the purpose of
construction assistance related to the reinforced concrete box culvert underneath E. 1 16th
Street North between Garnett and Mingo Road, just east of the SKO Railroad, and
authorization for the Mayor to execute the agreement.
11. Consideration and appropriate action relating to a request for City Council approval of a
budget amendment in the General Fund.
Ms. Bishop
Attachment # 1 1
Staff recommends City Council approval of a budget amendment in the General Fund,
increasing the appropriation for expenditures in the Streets Division Budget by $133,000 for
the repair and replacement of a reinforced concrete box culvert underneath 1 16'h Street
North, just east of the SK&O Railroad, between Garnett and Mingo Road.
Owasso City Council
November 15, 2011
Page 3
12. Consideration and appropriate action relating to a request for City Council approval of
Resolution No. 2011-09, a resolution establishing the assessment fee in lieu of detention for
the Garnett Regional Detention Assessment Area.
Ms. Bishop
Attachment # 12
Staff recommends City Council approval of Resolution No. 2011-09.
13. Consideration and appropriate action relating to a request for Council approval of
Resolution 2011-11, a resolution approving action taken by the Owasso Public Works
Authority authorizing issuance, sale and delivery of its Series 2011 Clean Water SRF
Promissory Note to Oklahoma Water Resources Board; ratifying and confirming a lease
whereby the City of Owasso leased to the Owasso Public Works Authority its water, sanitary
sewer, and garbage and trash collection systems and the Bailey Ranch Golf Club; ratifying
and confirming a subordinate lien sales tax agreement; and containing other provisions
related thereto.
Ms. Bishop
Attachment # 13
Staff recommends City Council approval of Resolution No. 2011-11.
14. Report from City Manager.
15. Report from City Attorney.
16. Report from City Councilors.
17. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda.)
18. Adjournment.
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, November 1, 2011
The Owasso City Council met in regular session on Tuesday, November 1, 2011 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall
bulletin board at 6:00 p.m. on Friday, October 28, 2011.
ITEM 1. CALL TO ORDER
Mayor Bonebrake called the meeting to order at 6:30 p.m.
ITEM 2. INVOCATION
The invocation was offered by Dr. Craig Shaw of Rejoice Christian School.
ITEM 3. FLAG SALUTE
Councilor Brown led the flag salute.
ITEM 4. ROLL CALL
PRESENT
Doug Bonebrake, Mayor
Bryan Stovall, Vice Mayor
Charlie Brown, Councilor
Patrick Ross, Councilor
ABSENT
Steve Cataudella, Councilor
A quorum was declared present.
STAFF
Rodney Ray, City Manager
Julie Lombardi, City Attorney
ITEM 5. PRESENTATION OF THE CHARACTER TRAIT OF THOROUGHNESS
Melanie Hasty-Grant, a member of the Owasso Character Council, presented to the City
Council "Determination", the Character Trait of the Month for November, 201 1 .
ITEM 6. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY
COUNCIL APPROVAL OF THE CONSENT AGENDA
A. Approval of Minutes of the October 18, 2011 Regular Meeting.
B. Approval of Claims.
Mr. Brown requested that Item B be removed from the consent agenda for separate
consideration. Mr. Brown moved, seconded by Mr. Stovall, to approve item A of the Consent
Agenda with claims totaling $123,595.31. Also included for review were payroll payment reports
for pay period 10/22/11.
YEA: Brown, Stovall, Bonebrake, Ross
NAY: None
Motion carried 4-0.
Owasso City Council November 1, 2011
ITEM 7. CONSIDERATION AND APPROPRIATE ACTION RELATING TO ITEMS REMOVED FROM THE
CONSENT AGENDA
Mr. Ray responded to questions relating to Item B on the consent agenda. Mr. Ross moved,
seconded by Mr. Brown, to approve Item B on the consent agenda.
YEA: Ross, Brown, Bonebrake, Stovall
NAY: None
Motion carried 4-0.
ITEM 8. CONSIDERATION AND APPROPRIATE CONSIDERATION AND APPROPRIATE ACTION
RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF A BUDGET AMENDMENT IN
THE GENERAL FUND.
Ms. Hess presented the item, recommending City Council approval of a budget amendment in
the General Fund, increasing estimated revenues by $5,882 and increasing the appropriation for
expenditures in the Police Services Department by $5,822.
Mr. Brown moved, seconded by Mr. Stovall, to approve the budget amendment, as
recommended.
YEA: Brown, Stovall, Ross, Bonebrake
NAY: None
Motion carried 4-0.
ITEM 9. CONSIDERATION AND APPROPRIATE CONSIDERATION AND APPROPRIATE ACTION
RELATING TO A REQUEST FOR CITY COUNCIL ACCEPTANCE OF A DONATION FROM
THE OKLAHOMA PIPELINE AWARENESS LIAISON GROUP AND APPROVAL OF A BUDGET
AMENDMENT IN THE GENERAL FUND.
Mr. Garrett presented the item, recommending City Council acceptance of a donation in the
amount of $1,000 and approval of a budget amendment in the General Fund, increasing
estimated revenues and the appropriation for expenditures in the Fire Services Department by
$1,000.
Mr. Stovall moved, seconded by Mr. Brown, to accept the donation and approve the budget
amendment, as recommended.
YEA: Stovall, Brown, Bonebrake, Ross
NAY: None
Motion carried 4-0.
ITEM 10. CONSIDERATION AND APPROPRIATE CONSIDERATION AND APPROPRIATE ACTION
RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF ORDINANCE 996,
AMENDING PART 4, ANIMAL REGULATIONS, OF THE OWASSO CODE OF
ORDINANCES.
Ms. Lombardi presented the item, recommending City Council approval of Ordinance 996.
Mr. Ross moved, seconded by Mr. Bonebrake, to approve Ordinance 996, as recommended.
2
Owasso City Council November 1, 2011
YEA: Ross, Bonebrake, Stovall, Brown
NAY: None
Motion carried 4-0.
ITEM 11. CONSIDERATION AND APPROPRIATE CONSIDERATION AND APPROPRIATE ACTION
RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF RESOLUTION NO. 2011-10,
ESTABLISHING FEES TO BE ASSESSED BY THE ANIMAL CONTROL DIVISION AND AN
EFFECTIVE DATE FOR THE IMPLEMENTATION OF SUCH FEES.
Mr. Chambless presented the item, recommending City Council approval of Resolution No.
2011-10.
Mr. Brown moved, seconded by Mr. Ross, to approve a Resolution No. 2011-10, as
recommended.
YEA: Brown, Ross, Stovall, Bonebrake
NAY: None
Motion carried 4-0.
ITEM 12. REPORT FROM CITY MANAGER
Mr. Ray introduced Roger Stevens, Public Works Director, who provided a project status update
on various capital improvement projects.
ITEM 13. REPORT FROM CITY ATTORNEY
No Report.
ITEM 14. REPORT FROM CITY COUNCILORS
No report.
ITEM 15. NEW BUSINESS
None.
ITEM 16. ADJOURNMENT
Mr. Stovall moved, seconded by Mr. Brown, to adjourn the meeting.
YEA: Stovall, Brown, Bonebrake, Ross
NAY: None
Motion carried 4-0 and the meeting was adjourned at 7:18 p.m.
Doug Bonebrake, Mayor
Juliann M. Stevens, Minute Clerk
3
OWASSO CITY COUNCIL
MINUTES OF SPECIAL MEETING
Tuesday, November 8, 2011
The Owasso City Council met in a special meeting on Tuesday, November 8, 2011 in the Council
Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda
posted on the City Hall bulletin board at 6:00 PM on Friday, November 4, 2011.
ITEM 1: CALL TO ORDER
Vice Mayor Stovall called the meeting to order at 6:04 PM.
PRESENT ABSENT
Bryan Stovall, Vice Mayor Doug Bonebrake, Mayor
Steve Cataudella, Councilor Charlie Brown, Councilor
Patrick Ross, Councilor
A quorum was declared present.
ITEM 2: DISCUSSION RELATING TO administrative ITEMS
A. PROPOSED UTILITY RELOCATION AGREEMENT RELATED TO THE E. 86TH STREET
WIDENING PROJECT FROM MAIN STREET TO MEMORIAL DRIVE
B. PROPOSED UTILITY RELOCATION AGREEMENT RELATED TO THE E. 106TH
STREET AND N GARNETT INTERSECTION IMPROVEMENT
Mr. Lehr presented both items and discussion was held. It was further explained that both items
would be placed on the November 15, 2011 City Council agenda for consideration and
appropriate action.
ITEM 3: DISCUSSION RELATING TO CITY MANAGER ITEMS
A. ANNUAL AUDIT PROCESS
B. GARNETT REGIONAL DETENTION ASSESSMENT FEE
C. PROPOSED CONTRACT RENEWAL - OKLAHOMA TAX COMMISSION
D. PROPOSED BRIDGE REPAIR PROJECT ON E. 1 16TH STREET NORTH BETWEEN GARNETT
AND MINGO ROAD
E. SANTA FE LIFT STATION AND FORCE MAIN IMPROVEMENT PROJECT
1. REVIEW OF BIDS RECEIVED
2. PROPOSED CONSTRUCTION SERVICES AGREEMENT
3. FINANCING
F. CITY MANAGER REPORT-
SALES TAX REPORT
2. CITY COUNCIL WARD RE-APPORTIONMENT
3. CITY OF TULSA WATER RATE INCREASE
A) Ms. Hess presented the annual audit process and further explained the auditing firm of Cole
and Reed would present their findings to the City Council during the December worksession,
followed by an item on the December 201h Council Consent Agenda acknowledging receipt of
the annual audit; B) Ms. Bishop presented information related to the calculation of the proposed
Garnett Regional Detention assessment fee and explained an item for Council consideration
and appropriate action will be placed on the November 15, 2011 agenda; C) Ms. Hess
presented a proposed renewal contract between the City of Owasso and the Oklahoma Tax
Commission for the collection of sales and use tax; and explained an item for Council
consideration and appropriate action will be placed on the November 15, 2011 agenda; D) Mr.
Stevens presented a proposed interlocal agreement between the City of Owasso and Tulsa
Owasso City Council
November 8, 2011
County for a bridge repair project, furthering explaining an item for Council consideration and
appropriate action will be placed on the November 15, 2011 agenda; E) Mr. Stevens reviewed
construction bids received for the Santa Fe Lift Station and Force Main Improvement Project and
presented a proposed agreement for construction services between the OPWA and Greely and
Hansen. Ms. Bishop explained that financing for this project requires action by both the City
Council and the OPWA Trustee and that items will be placed on the November 15, 2011 Council
and OPWA agendas for consideration and appropriate action; F) Mr. Ray provided members of
the Council with the most recent sales tax reports, discussed a preliminary analysis provided by
INCOG related to Council Ward reapportionment resulting from the 2010 census data, and
discussed the City of Tulsa's intent to increase water rates.
ITEM 4: REPORT FROM CITY COUNCILORS
No Report.
ITEM 5: ADJOURNMENT
Mr. Cataudella moved for adjournment, seconded by Mr. Stovall.
YEA: Stovall, Ross, Cataudella
NAY: None
Motion carried 3-0.
Meeting adjourned at 7:30 PM.
Bryan Stovall, Vice Mayor
Juliann M. Stevens, Deputy City Clerk
Claims List
11/15/2011
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
GENERAL
AEP/PSO
STREET LIGHTS
15.06
TREASURER PETTY CASH
CC DEPOSIT/LAIRD
50.00
TREASURER PETTY CASH
CC DEPOSIT/TOCKEY
50.00
TREASURER PETTY CASH
CC REFUND/ROWDEN
50.00
TREASURER PETTY CASH
OC REFUND/DAUGHERTY
100.00
TREASURER PETTY CASH
PARK USER FEE REFUND
25.00
TREASURER PETTY CASH
CC REFUND/LYNCH
50.00
TREASURER PETTY CASH
LIAB EVID CASE# 20101266
238.00
TREASURER PETTY CASH
CC REFUND/MERTINS
50.00
TREASURER PETTY CASH
CC REFUND/BUSSEAR
50.00
TREASURER PETTY CASH
CC REFUND/KUHN
50.00
TREASURER PETTY CASH
CC REFUND/GC BLUEGRASS
50.00
TOTAL GENERAL 778.06
MUNICIPAL COURT
CHARLES N. ROMANS
BAILIFF SERVICES
350.00
YOUTH SERVICES OF TULSA
YOUTH COURT
3,750.00
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
39.80
JPMORGAN CHASE BANK
CHARACTER CALENDARS
20.88
TOTAL MUNICIPAL COURT 4,160.68
MANAGERIAL
JPMORGAN CHASE BANK
HOBBY LOBBY-RIBBON
45.44
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
119.23
JPMORGAN CHASE BANK
HOBBY LOBBY-RIBBON
57.98
TREASURER PETTY CASH
PASTOR MEETING EXPENSE
10.00
JPMORGAN CHASE BANK
COMMUNITY RELATIONS
17.08
JPMORGAN CHASE BANK
COMMUNITY RELATIONS
64.61
JPMORGAN CHASE BANK
OKLA MUN-ATTORNEY WRKSP
75.00
JPMORGAN CHASE BANK
EMPLOYEE RELATIONS
10.05
JPMORGAN CHASE BANK
AMAZON-TRAINING MATERIAL
19.15
JPMORGAN CHASE BANK
MEETING EXPENSE
47.00
JPMORGAN CHASE BANK
MEETING EXPENSE
52.86
JPMORGAN CHASE BANK
LEADERSHIP MEETING EXPENS
40.43
JPMORGAN CHASE BANK
MEETING EXPENSE
103.36
JPMORGAN CHASE BANK
LEADERSHIP MEETING EXPENS
40.56
JPMORGAN CHASE BANK
LEADERSHIP MEETING EXPENS
17.41
OWASSO CHAMBER OF COMMERCE
TRAINING-LEADERSHIP OWASS
495.00
JPMORGAN CHASE BANK
MEETING EXPENSE
21.15
TREASURER PETTY CASH
PASTOR MEETING EXPENSE
10.00
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
50.00
JPMORGAN CHASE BANK
MEETING EXPENSE
21.22
JPMORGAN CHASE BANK
MEETING EXPENSE
20.78
JPMORGAN CHASE BANK
EMPLOYEE RELATIONS
23.02
JPMORGAN CHASE BANK
PIKEPASS-FEES
13.20
Page 1
Claims List
11/15/2011
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
TOTAL MANAGERIAL 1,374.53
FINANCE
JPMORGAN CHASE BANK
PIKEPASS-FEES
2.80
JPMORGAN CHASE BANK
TRAVEL EXPENSE
17.95
JPMORGAN CHASE BANK
NOWDOCS-W-2 FORMS/ENVELOP
147.60
JPMORGAN CHASE BANK
TRAVEL EXPENSE
2.75
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
50.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE
17.65
JPMORGAN CHASE BANK
TRAVEL EXPENSE
18.90
JPMORGAN CHASE BANK
TRAVEL EXPENSE
9.29
JRW INC DBA/FINANCIAL EQUIPMENT CO.
HEDMAN CHECK SIGNER
442.00
JPMORGAN CHASE BANK
ATHERTON-LODGING EXPENSE
290.46
JPMORGAN CHASE BANK
TRAVEL EXPENSE
10.98
JPMORGAN CHASE BANK
CHARACTER CALENDARS
73.08
TOTAL FINANCE 1,083.46
HUMAN RESOURCES
JPMORGAN CHASE BANK
CHARACTER CALENDARS
20.88
JPMORGAN CHASE BANK
CHARACTER INITIATIVE
9.56
JPMORGAN CHASE BANK
NAT'L SAFETY-TRAINING
31.90
JPMORGAN CHASE BANK
DEFENSIVE DRIVING TRAININ
13.66
JPMORGAN CHASE BANK
CHARACTER INITIATIVE
160.16
JPMORGAN CHASE BANK
ATWOODS-CABLE TIES
16.99
JPMORGAN CHASE BANK
TAHRA-CONFERENCE
170.00
COMMUNITYCARE EAP
EMPLOYEE ASSISTANCE PROGR
227.00
GREENWOOD PERFORMANCE SYSTEMS INC
CM COACHING
250.00
RICH & CARTMILL, INC
TREASURER'S BOND PREMIUM
450.00
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
37.98
AMERICANCHECKED, INC ATTN: BILLING
BACKGROUND CHECKS FOR NEW
232.45
JPMORGAN CHASE BANK
TRAVEL EXPENSE
5.38
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
37.53
TOTAL HUMAN RESOURCES 1,663.49
HR - CHARACTER INITIATIVE
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
174.30
BAILEY EDUCATION FOUNDATION
ANNUAL CHARACTER LUNCHEON
435.00
BAILEY EDUCATION FOUNDATION
ANNUAL CHARACTER LUNCHEON
1,920.00
CUSTOM CRAFT AWARDS, INC.
CHARACTER INIATIVE
50.00
TOTAL HR - CHARACTER INITIATIVE 2,579.30
GENERAL GOVERNMENT
HEARTLAND CONSULTING, INC
CONSULTING SERVICES FY12
10,500.00
MCAFEE & TAFT
LEGAL FEES
242.00
AT&T
CONSOLIDATED PHONE BILL
679.08
JPMORGAN CHASE BANK
POSTAGE MACHINE LEASE
389.00
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
270.74
INCOG
LEGISLATIVE CONSORTIUM
979.25
Page 2
Claims List
11/15/2011
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
GENERAL GOVERNMENT...
COMMUNITY PUBLISHERS INC
PUBLICATION FEES
540.00
TULSA COUNTY CLERK
FILING FEES
223.00
XEROX CORPORATION
COPIER SERVICE
997.65
JPMORGAN CHASE BANK
OME CORP-SUPPLIES
258.45
GLOBAL COMPLIANCE SERVICES, INC
ALERTLINE SERVICES
1,500.00
JPMORGAN CHASE BANK
AMERICAN WASTE-REFUSE SVC
139.06
TOTAL GENERAL GOVERNMENT 16,718.23
COMMUNITY DEVELOPMENT
JPMORGAN CHASE BANK
WALMART-SUPPLIES
25.63
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
276.51
SAV-ON PRINTING & SIGNS LLC
PERMIT SIGNS
335.00
CITY GARAGE
PARTS RESALE - OCT, 2011
267.03
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
150.00
TOTAL COMMUNITY DEVELOPMENT 1,054.17
ENGINEERING
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
191.67
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
560.12
CITY GARAGE
PARTS RESALE - OCT, 2011
25.19
FEDERAL EXPRESS CORPORATION
SHIPPING CHARGES
20.44
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
13.20
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
13.20
TOTAL ENGINEERING 823.82
INFORMATION TECHNOLOGY
JPMORGAN CHASE BANK
COX-INTERNET
1,550.00
NOBEL SYSTEMS, INC
ANNUAL GIS HOSTING FEE
14,000.00
JPMORGAN CHASE BANK
GLOBALGOV-CABLES
55.98
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
66.67
TOTAL INFORMATION TECHNOLOGY 15,672.65
SUPPORT SERVICES
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
166.67
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
368.09
AT&T
CONSOLIDATED PHONE BILL
59.54
JPMORGAN CHASE BANK
CARRIER COMM-A/C REPAIR
265.00
JPMORGAN CHASE BANK
LOWES-SUPPLIES
81.62
JPMORGAN CHASE BANK
LOWES-AIR SPRAY
4.99
JPMORGAN CHASE BANK
LOWES-SALES TAX REFUND
-0.47
JPMORGAN CHASE BANK
OREILLYS-HEATER FUSES
6.58
JPMORGAN CHASE BANK
CHARACTER CALENDARS
10.44
JPMORGAN CHASE BANK
LOWES-LIGHTBULBS
6.13
JPMORGAN CHASE BANK
LOWES-BOLTS
2.10
JPMORGAN CHASE BANK
RED BUD AIR FILTER-FILTER
49.53
A PLUS SERVICE INC
RADIANT HEATERS OC
1,900.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
19.25
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
19.25
Page 3
Claims List
11/15/2011
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
SUPPORT SERVICES...
JPMORGAN CHASE BANK
LOWES-SCREWS
4.38
TOTAL SUPPORT SERVICES 2,963.10
CEMETERY
VERDIGRIS VALLEY ELECTRIC COOP
CEMETERY ELECTRIC
36.38
L & B DIRT PIT
DIRT FOR CEMETERY
45.00
JPMORGAN CHASE BANK
ATWOODS-TARP
22.99
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - O
105.63
TOTAL CEMETERY 210.00
POLICE SERVICES
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
4,833.33
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
114.10
AT&T
CONSOLIDATED PHONE BILL
455.92
OK ASSOCIATION OF CHIEFS OF POLICE
POST SELF SCORE FORM
1,172.50
BAILEY MEDICAL CTR, LLC
BLOOD ALCOHOL TEST
26.00
LAW ENFORCEMENT PSYCHOLOGICAL SERV
PSYCH EVALUATIONS
160.00
MARK H HARPER
REIMBURSEMENT
484.00
INTEGRIS AMBULATORY CARE CORP.
2 PENSION PHYSICALS
950.00
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
9,570.64
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
14.49
CITY GARAGE
PARTS RESALE - OCT, 2011
4,695.18
JPMORGAN CHASE BANK
PIKEPASS-FEES
55.55
JPMORGAN CHASE BANK
LAW ENFORCE-CLEET TARGET
582.28
JPMORGAN CHASE BANK
OWASSO FITNESS-GYM USAGE
345.00
JPMORGAN CHASE BANK
USPS-SHIPPING
20.95
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
55.66
JPMORGAN CHASE BANK
OFFICE EVERYTHING-SUPPLIE
59.80
JPMORGAN CHASE BANK
LA POLICE-SWAT VEST
37.56
JPMORGAN CHASE BANK
DELL-TONER
204.22
TOTAL POLICE SERVICES 23,837 18
POLICE COMMUNICATIONS
JPMORGAN CHASE BANK
DELL-TONER
204.22
JPMORGAN CHASE BANK
WALMART-TELEVISION
348.00
JPMORGAN CHASE BANK
WALMART-PRISONER BOARD
18.85
JPMORGAN CHASE BANK
WALMART-PRISONER BOARD
118.71
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
11.98
DEPARTMENT OF PUBLIC SAFETY
OLETS USER FEE
450.00
TOTAL POLICE COMMUNICATIONS 1,151.76
ANIMAL CONTROL
AT&T
CONSOLIDATED PHONE BILL
44.37
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
166.67
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - O
205.14
JPMORGAN CHASE BANK
JP COOKE-SUPPLIES
51.61
JPMORGAN CHASE BANK
LOWES-SUPPLIES
33.96
JPMORGAN CHASE BANK
LOWES-SUPPLIES
45.92
Page 4
Claims List
11/15/2011
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
TOTAL ANIMAL CONTROL 547.67
FIRE SERVICES
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
33.51
JPMORGAN CHASE BANK
CHARACTER CALENDARS
10.44
JPMORGAN CHASE BANK
WALMART-COFFEE
28.00
JPMORGAN CHASE BANK
DELTA-LUGGAGE FEE
60.00
JPMORGAN CHASE BANK
RUNNER WORLD-APPAREL
105.00
CITY GARAGE
PARTS RESALE - OCT, 2011
2,552.71
A PLUS SERVICE INC
A/C UNIT REPAIRS
160.00
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
1,166.67
JPMORGAN CHASE BANK
HAMPTON-LODGING EXPENSE
166.94
JPMORGAN CHASE BANK
BUMPER TO BUMPER-PARTS
10.49
JPMORGAN CHASE BANK
TRAVEL EXPENSE
6.28
JPMORGAN CHASE BANK
LOWES-TOOLS
128.52
JPMORGAN CHASE BANK
OWASSO FITNESS-GYM USAGE
495.00
JPMORGAN CHASE BANK
INTERSTATE-BATTERIES
84.00
JPMORGAN CHASE BANK
RAMADA INN-LODGING EXPENS
80.23
JPMORGAN CHASE BANK
LOWES-PAINT
35.90
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
7.12
JPMORGAN CHASE BANK
TRAVEL EXPENSE
6.69
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
2,981.31
AT&T
CONSOLIDATED PHONE BILL
227.82
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
613.93
JPMORGAN CHASE BANK
TRAVEL EXPENSE
30.94
JPMORGAN CHASE BANK
HOME DEPOT-REPAIR PARTS
39.90
JPMORGAN CHASE BANK
NORTH AMER EQUIP-REPAIRS
64.14
JPMORGAN CHASE BANK
WALMART-SUPPLIES
145.13
JPMORGAN CHASE BANK
ADVANCE AUTO-WIPER BLADES
23.98
JPMORGAN CHASE BANK
TRAVEL EXPENSE
16.65
JPMORGAN CHASE BANK
TRAVEL EXPENSE
12.12
JPMORGAN CHASE BANK
ADVANCE AUTO-REPAIR PARTS
6.19
JPMORGAN CHASE BANK
DELTA-LUGGAGE FEE
25.00
JPMORGAN CHASE BANK
DELTA-LUGGAGE FEE
90.00
JPMORGAN CHASE BANK
HOLIDAY INN-LODGING EXP
90.79
JPMORGAN CHASE BANK
ROTO ROOTER-REPAIR
183.71
JPMORGAN CHASE BANK
OFFICE EVERYTHING-SUPPLIE
130.69
JPMORGAN CHASE BANK
BMI-COPIER USAGE
319.43
JPMORGAN CHASE BANK
LOWES-SUPPLIES
350.87
JPMORGAN CHASE BANK
OVERHEAD DOOR-REPAIRS
135.00
JPMORGAN CHASE BANK
PIKEPASS-FEES
1.50
TOTAL FIRE SERVICES 10,626.60
EMERGENCY PREPAREDNES
JPMORGAN CHASE BANK
LOWES-LIGHTS
17.96
JPMORGAN CHASE BANK
LOWES-PAINT SUPPLIES
j
134.55
AT&T
CONSOLIDATED PHONE BILL
-
23.47
Page 5
Claims List
11/15/2011
Budget Unit Title
Vendor Name
Payable Description
Payment Amounl
EMERGENCY PREPAREDNES
VERDIGRIS VALLEY ELECTRIC COOP
ELECTRIC BILL STORM SIREN
20.61
VERDIGRIS VALLEY ELECTRIC COOP
ELECTRIC BILL STORM SIREN
20.40
TOTAL EMERGENCY PREPAREDNESS 216.99
STREETS
JPMORGAN CHASE BANK
OREILLYS-SUPPLIES
53.77
TULSA ASPHALT, LLC
ASPHALT
540.50
WORKHEALTH SOLUTIONS, LLC
RESPIRATORY QUESTIONNAIRE
100.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
37.32
L & B DIRT PIT
DIRT
45.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
45.07
JPMORGAN CHASE BANK
ATWOODS-GREASE GUN/GREASE
48.88
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
1,166.67
CITY GARAGE
PARTS RESALE - OCT, 2011
4,078.24
JPMORGAN CHASE BANK
PMSI-CRACK SEALER
1,602.70
JPMORGAN CHASE BANK
INTERSTATE-BATTERY
23.39
AEP/PSO
STREET LIGHTS
5,550.09
AMERICAN ELECTRIC POWER
STREET LIGHTING-ST JOHN'S
22,982.46
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
539.50
JPMORGAN CHASE BANK
OWASSO LUMBER-SUPPLIES
50.05
JPMORGAN CHASE BANK
OWASSO LUMBER-SUPPLIES
35.16
JPMORGAN CHASE BANK
OWASSO LUMBER-SUPPLIES
6.87
AMERICAN ELECTRIC POWER
MAIN STREET LIGHTING
1,000.00
AMERICAN ELECTRIC POWER
SILVER CREEK LIGHTING
513.00
JPMORGAN CHASE BANK
AUTOZONE-PARTS
13.77
JPMORGAN CHASE BANK
UPS STORE-SHIPPING
59.02
JPMORGAN CHASE BANK
HOME DEPOT-PARTS
33.91
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
1,485.11
TOTAL STREETS 40,010.48
BAPTIST RETIRE CTR SIDEW, MAGNUM CONSTRUCTION INC BAPTIST RETIREMENT CENTER 56,842.02
TOTAL BAPTIST RETIRE CTR SIDEWA 56,842.02
STORMWATER
JPMORGAN CHASE BANK
P&K EQUIP-IDLER
41.23
CITY GARAGE
PARTS RESALE - OCT, 2011
1,503.09
JPMORGAN CHASE BANK
SANDERS NURSERY-HYACINTHS
16.47
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
1,166.67
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
44.36
WORKHEALTH SOLUTIONS, LLC
HEPATITIS A VACCINE
95.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
44.36
WORKHEALTH SOLUTIONS, LLC
RESPIRATORY QUESTIONNAIRE
125.00
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
1,117.03
TOTAL STORMWATER 4,153.21
PARKS FLEETCOR TECHNOLOGIES CITY FUELMAN EXPENSES - 0 419.43
Page 6
Claims List
11/15/2011
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
PARKS...
TREASURER PETTY CASH
HAY BALES HARVEST FESTIVA
100.00
AT&T
CONSOLIDATED PHONE BILL
184.89
CHARLES NICHOLS
REPLACEMENT OF SKYLIGHT
500.00
ROGERS COUNTY RURAL WATER DISTRICT
WATER SERVICE AT CENTENNI
148.48
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
13.27
JOHN MCGEE
MOWING AT MCCARTY
330.00
JOHN MCGEE
MOWING AT MCCARTY PARK
110.00
ELAINE WILLSON
JANITORIAL SERVICES
1,470.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
13.27
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
333.33
TOTAL PARKS 3,622.67
COMMUNITY CENTER
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
50.00
JPMORGAN CHASE BANK
CHARACTER CALENDARS
20.88
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
181.19
TREASURER PETTY CASH
FUEL
74.40
AT&T
CONSOLIDATED PHONE BILL
127.85
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
117.43
JPMORGAN CHASE BANK
OREILLYS-BLOWER BELT
10.74
TOTAL COMMUNITY CENTER 552.49
HISTORICAL MUSEUM
I
AT&T
CONSOLIDATED PHONE BILL
23.46
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
103.03
TOTAL HISTORICAL MUSEUM 126.49
ECONOMIC DEV
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
50.00
JPMORGAN CHASE BANK
WEBSCRIBBLE-JOB HOSTING
19.99
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
46.37
TOTAL ECONOMIC DEV
116.36
FUND GRAND TOTAL 190,915.41
AMBULANCE SERVICE
TREASURER PETTY CASH
AMBULANCE SUB REFUND
60.00
CARROLL PARNELL
AMBULANCE REFUND
25.00
ROBERT GREGOIRE
AMBULANCE REFUND
25.00
BARBARA ROBINS
AMBULANCE REFUND
100.00
FEDERATED MUTUAL
AMBULANCE REFUND
43.52
UNITED HEALTHCARE
AMBULANCE REFUND
531.22
ROSALEE DEJARNETTE
AMBULANCE REFUND
100.00
BETH BUCKLIN
AMBULANCE REFUND
731.00
TOTAL AMBULANCE SERVICE 1,615.74
AMBULANCE JPMORGAN CHASE BANK BOUND TREE-RETURN -36.32
Page 7
Claims List
11/15/2011
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
AMBULANCE...
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
142.00
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
44.39
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
166.00
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
168.40
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
6.35
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
19.05
MEDICAL COMPLIANCE SPECIALTY INC
MEDICAL WASTE DISPOSAL
57.00
MEDICAL COMPLIANCE SPECIALTY INC
MEDICAL WASTE DISPOSAL
57.00
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
2,099.01
JPMORGAN CHASE BANK
FULLERTON-OXYGEN
43.50
CITY GARAGE
LABOR & OVERHEAD - OCT, 2
1,333.33
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
182.90
JPMORGAN CHASE BANK
BOUND TREE-SUPPLIES
897.81
TOTAL AMBULANCE 5,180.42
FUND GRAND TOTAL 6,796.1
E911 COMMUNICATIONS INCOG MAPPING & MSAG MAINT 414.52
AT&T CONSOLIDATED PHONE BILL 276.16
TOTAL E911 COMMUNICATIONS 690.68
FUND GRAND TOTAL 690.6
STORMWATER - STORMWATI LOT MAINTENANCE OF OKLAHOMA, INC. STREET SWEEPING 1,225.00
TOTAL STORMWATER - STORMWATER 1,225.00
FUND GRAND TOTAL 1,225.0
PUBLIC SAFETY - FIRE JPMORGAN CHASE BANK WS DARLEY-FIRE HOSE 856.65
TOTAL PUBLIC SAFETY - FIRE 856.65
FUND GRAND TOTAL 856.6
CITY GARAGE
JPMORGAN CHASE BANK
UNITED FORD-PARTS
537.16
JPMORGAN CHASE BANK
UNITED FORD-PARTS
730.28
JPMORGAN CHASE BANK
UNITED FORD-PARTS
286.64
JPMORGAN CHASE BANK
UNITED FORD-PARTS
225.95
JPMORGAN CHASE BANK
UNITED FORD-PARTS
109.27
JPMORGAN CHASE BANK
UNITED FORD-PARTS
160.70
JPMORGAN CHASE BANK
UNITED FORD-PARTS
444.42
JPMORGAN CHASE BANK
UNITED FORD-PARTS RESALE
11558.76
JPMORGAN CHASE BANK
OCT EQUIP-CREDIT
-103.58
Page 8
Claims List
11/15/2011
Budget Unit Title
Vendor Name
Payable Description
Payment Amounl
CITY GARAGE...
JPMORGAN CHASE BANK
WELDON PARTS-TARP/MIRROR
57.69
JPMORGAN CHASE BANK
JIM NORTON-OUTSIDE REPAIR
189.90
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
33.36
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
33.36
AT&T
CONSOLIDATED PHONE BILL
44.38
JPMORGAN CHASE BANK
LENOX WRECKER-TOWING
93.00
FLEETCOR TECHNOLOGIES
CITY FUELMAN EXPENSES - 0
69.92
JPMORGAN CHASE BANK
PEPBOYS-SALES TAX REFUND
-21.37
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
152.49
JPMORGAN CHASE BANK
FRONTIER INT'L-PARTS
994.86
JPMORGAN CHASE BANK
PEPBOYS-BRAKE PARTS
271.37
JPMORGAN CHASE BANK
UNITED FORD-PARTS
12.00
TOTAL CITY GARAGE 5,880.56
FUND GRAND TOTAL 5,880.5
WORKERS' COMP SELF-INS
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
342.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
342.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
264.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
578.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
578.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
578.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
342.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
342.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
342.00
TOTAL WORKERS' COMP SELF-INS 5,442.00
WORKERS' COMP SELF-INS
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
2,548.83
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
203.76
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
1,104.10
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
325.84
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
1,500.46
RICH & CARTMILL, INC
EXCESS WC AUDIT
683.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
815.91
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
535.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
1,106.84
UNITED SAFETY & CLAIMS INC
TPA ADMIN FEES FOR WORKER
11610.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIM PAYMEN
374.67
Page 9
Claims List
11/15/2011
Budget Unit Title
Vendor Name
Payable Description
Payment Amouni
TOTAL WORKERS' COMP SELF-INS 10,808.41
FUND GRAND TOTAL 16,250.4
GEN LIAB-PROP SELF INS
WOOD, PUHL & WOOD, P.L.L.C
LEGAL SERVICES - HUNTLEY
5,124.50
ATKINSON, HASKINS, NELLIS,
LEGAL SERVICES - GENERAL
45.64
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL SERVICES - MILLER
2,103.75
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL SERVICES
931.25
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL SERVICES
202.50
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL SERVICES
90.00
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL SERVICES
15,802.70
TOTAL GEN LIAB-PROP SELF INS 24,300.34
FUND GRAND TOTAL 24,300.3
CITY GRAND TOTAL
$246,915.21
Page 10
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 11/05/11
Department Payroll Expenses Total Expenses
Municipal Court
4,586.31
6,187.07
Managerial
18,452.88
25,083.00
Finance
12,518.91
19,606.91
Human Resources
5,984.81
9,965.09
Community Development
10,342.38
15,943.91
Engineering
12,891.19
19,834.14
Information Systems
9,262.24
14,468.12
Support Services
6,801.52
9,580.21
Police
114,719.48
168,851.86
Central Dispatch
16,243.85
27,910.28
Animal Control
2,218.40
3,598.54
Fire
94,481.42
140,863.77
Fire-Safer Grant
9,869.52
15,618.20
Emergency Preparedness
2,798.43
4,360.31
Streets
6,575.74
11,573.12
Stormwater/ROW Maint.
7,605.99
11,836.58
Park Maintenance
8,878.28
13,736.95
Community-Senior Center
3,102.30
4,816.99
Historical Museum
600.00
673.68
Economic Development
2,826.92
3,740.10
General Fund Total
350,760.57
528,248.83
Garage Fund Total 4,102.54 6,794.80
Ambulance Fund Total 24,783.11 36,936.22
Emergency 911 Fund Total -
Worker's Compensation Total 1,512.80 1,820.88
Strong Neighborhoods 2,077.12 3,140.81
CITY OF OWASSO
GENERALFUND
FISCAL YEAR 2011-2012
Statement of Revenues & Expenditures
As of October 31, 2011
REVENUES:
Taxes
Licenses & permits
Intergovernmental
Charges for services
Fines & forfeits
Other
TOTAL REVENUES
EXPENDITURES:
Personal services
Materials & supplies
Other services
Capital outlay
TOTAL EXPENDITURES
REVENUES OVER EXPENDITURES
TRANSFERS IN (OUT):
Transfers in
Transfers out
TOTALTRANSFERS
NET CHANGE IN FUND BALANCE
FUND BALANCE (GAAP Basis)
Beginning Balance
Ending Balance
FUND BALANCE (Budgetary Basis)
Beginning Balance
Ending Balance
MONTH
YEAR
PERCENT
TO-DATE
TO-DATE
BUDGET
OF BUDGET
$ 1,634,466
$ 6,515,619
$ 19,631,900
33.19%
10,937
49,653
201,400
24.65%
117,329
264,660
2,535,044
10.44%
32,719
134,692
517,600
26.02%
50,050
220,041
910,300
24.17%
5,596
64,765
136,900
47.31%
1,851,097
7,249,429
23,933,144
30.29%
1,032,468
4,571,433
14,007,245
32.64%
43,540
224,324
718,970
31.20%
106,979
564,875
1,693,931
33.35%
73,012
126,490
1,998,552
6.33%
5,487,123
1,762,306
18,418,698
5,514,446 31.96%
955,120
3,909,615
11,601,600 33.70%
(1,517,876)
(6,011,244)
(17,965,700) 33.46%
(562,756)
(2,101,629)
(6,364,100) 33.02%
32,342
(339,323)
(849,654)
3,944,512
$ 3,605,189
2,344,066 2,344,066
$ 2,004,744 $ 1,494,413
The City V~litl,7cut LimiIs,
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Anaela Hess
Finance Director
SUBJECT: Agreement for Administration of the Sales and Use Tax Ordinances
GATE: November 11, 2011
BACKGROUND:
The City of Owasso received notification from the Oklahoma Tax Commission (OTC) that after
numerous discussions between the Oklahoma Municipal League Liaison Board and the
Oklahoma Tax Commission, an agreement and terms were reached between the parties with
regard to a new Sales and Use Tax Administration Agreement. The new agreement, upon
execution will replace the separate sales and use tax agreements currently in effect. The
existing agreements will remain in effect until the new agreement is completed and returned to
the OTC. Additionally, the new agreement addresses the collection of both sales and use Tax by
the OTC within and outside of the Municipality, whereas the current agreement only addresses
collections within the Municipality.
The current agreement with the OTC was executed on September 19, 2006 and renewed
without further action on July 1, 2007 for additional one (1) year terms. The OTC, by virtue of the
agreement retains a 1 % (of revenue collected) fee for their services.
The new agreement will also renew without action of the parties for additional one (1) year
terms on June 14, 2014 provided, that the current rate has not changed and neither party has
given written notice to the other party of its intent to terminate the agreement prior to the
expiration of the current term. City Council action to approve the agreement is only needed
when new contracts are requested by the OTC. The current collection fee of 1% of revenue
collected will continue to be paid to the OTC.
The law today acknowledges one systern of sales tax collection for srnall businesses and another
for online only businesses. Small businesses for the most part are collecting sales tax as required
by law; however, retailers operating on the internet have more opportunities to exploit loopholes
that may allow there to forgo collecting the sales tax at the point of purchase. This leaves the
burden of paying on the consumer who may not be aware of the need to pay sales tax when
using online retailers.
Last year, the Oklahoma Policy Institute noted that Oklahoma lost an estimated $92.7 million
dollars in E-commerce sales tax in 2009. Estimates for 2012 shove this amount rising to $1563
million. The goal of this new agreement is to ease budget shortfalls across the state through the
collection of online tax and to relieve some of the burden currently on small business owners.
Small business owners are among the nation's top job creators, employ local citizens, support
civic organizations and sport teams; they are a vital con`iponent of community. The primary
ob ective of this agreement is to allow for business competition based on a level playing field.
The Commission has added language to the new agreement requiring the OTC to maintain
records in a dorm capable of producing reports that can be electronically downloaded into, at
a minimum an excel spreadsheet or its equivalent. The Commission has agreed to use a form
which will be capable of being understood by any person reviewing the records. At this time
reports are available on line, but none that are able to be downloaded as an excel or
equivalent spreadsheet. Enhanced reporting by the Commission will greatly improve the
Municipalities ability to track and maintain historical data regarding sales and use Tax.
On or before July 31, 2012 the Commission has agreed to review their software capability of
providing notice for any aggregate request for a refund or remittance error of combined state,
county, city sales and use tax in amounts less than $10,000 and, if the capability is available it will
be implemented.
Additional changes include, notifying Municipalities with regard to a claim for refund or
discovery of a remittance error. The new agreement provides for reporting within seven (7) days
of the Commission's review. The previous requirement was within at least five (5) days.
Compliance requests presented by a Municipality will now be responded to within 45 days;
previous agreed upon response time was within 90 days. Requests by Municipalities for the
Commission to initiate a show cause proceeding against a person or entity which the
Municipality believes, in good faith, is not in compliance with the ordinances of the Commission
will be reviewed within 45 days as opposed to the previous 90 days.
To summarize the more significant changes, the agreement now combines sales and use tax
into one agreement. It also lists new reports and information the Commission is making available
to cities, as well as possible format changes to make the reports easier to read. Some reports are
on the OTC website now. The new agreement also adds more detail to the independent
auditor program; and the Commissions responsibilities should the Municipality choose to
contract with one. Lastly, the agreement allows a representative to be present at hearings if the
Municipality has the potential of being affected by any certain case. The Municipality will
designate a representative and the Commissions legal division will be responsible for registering
the representative to be allowed to attend the hearing.
All of the above described changes are anticipated to improve the communication and
efficiency of reporting and collections between the Oklahoma Tax Commission and
Municipalities throughout the state.
RECOMMENDATION:
Staff recommends City Council approval of an agreement between the City of Owasso and the
Oklahoma Tax Commission and authorization for the Mayor to execute the contract.
ATTACHMENT:
A. Agreement for Administration of the Sales and Use Tax Ordinances of the City of Owasso
AGREEMENT FOR ADMINISTRATION
OF THE SALES AND USE TAX ORDINANCES
OF THE CITY/TOWN OF
THIS AGREEMENT is entered into this day of pursuant to the
provisions of Sections 2701 et seq. of Title 68 of the Oklahoma Statutes, between the
Oklahoma Tax Commission, hereinafter referred to as "Commission," and the City/Town
of _ , Oklahoma, hereinafter referred to as "Municipality," for the administration
of effective sales and use tax ordinances on file with the Commission hereinafter
referred to as "Ordinances," levying a municipal sales or use tax of
percent upon sales within or outside of the Municipality.
1. This Agreement is based upon the Ordinances for the collection of sales
and uses taxes by the Municipality, certified copies of which are attached hereto and
made a part hereof. The Municipality may, at any time and from time to time, amend or
repeal the Ordinances and, to the extent that the Municipality amends or repeals the
Ordinances, the Municipality shall promptly provide the Commission with a certified
copy of the ordinance effecting such amendment or such repeal.
An increase or a decrease in the municipal sales or use tax rate shall become
effective only on the first day of a calendar quarter. Provided, however, the sales and
use tax rates levied by the Municipality if the Municipality levies both a sales and use
tax, must be identical. The Municipality shall notify the Commission of an increase or a
decrease at least seventy-five (75) days prior to the close of the current calendar
quarter and shall provide the Commission with a certified copy of the ordinance
affecting such increase or such decrease.
2. A. The Commission shall administer and shall enforce the Ordinances and
shall collect the municipal sales and use tax, and the interest and
penalties with respect thereto, as provided in the Ordinances and as
herein provided. It is recognized and acknowledged that:
(a) the Ordinances levy municipal sales tax upon all sales within
the Municipality as authorized by Section 2701 of Title 68 of the
Oklahoma Statutes; and
(b) the term "sale" as used in the Ordinances has the same
meaning as the term "sale" has in the Oklahoma Sales Tax
Code; and
(c) the Ordinances levy municipal use tax upon all transactions
within or without the Municipality as authorized by Sections
1411 of Title 68 of the Oklahoma Statutes; and
(d) the term "use" as used in the Ordinances have the same
meaning as the term "use" has in the Oklahoma Use Tax Code.
To facilitate such administration, such collection and such enforcement of local
taxes, the Commission shall designate a Local Tax Coordinator of the Commission who
shall be generally responsible for matters related to the collection of local taxes and,
with respect to such matters, shall directly advise the Administrator of the Commission.
The duties which may be performed by the Local Tax Coordinator and/or other
employees of the Commission under his or her supervision, shall include, without
limitation,
(a) acting as liaison between the Commission and municipalities
with respect to the administration, the collection and the
enforcement of local taxes,
(b) addressing concerns of the Commission and/or taxpayers
with respect to the administration, the collection and the
enforcement of municipal taxes by municipalities,
(c) consulting with municipalities concerns and trends with
respect to local taxes,
(d) coordinating collection and enforcement actions by the
Commission and municipalities with respect to local taxes,
(e) coordinating the provision by the Commission to
municipalities of information and
(f) providing educational and other support to municipalities in
their collection and enforcement efforts.
In making decisions with respect to the administration of local taxes, the Commission
will consider the view expressed by the Municipality.
The Municipality shall not request that the Local Tax Coordinator perform any
duties which are the sole responsibility of the Municipality.
B. The implementation plan adopted pursuant to subsection 4 of subsection
E of Section 2702 of Title 68 of the Oklahoma Statutes shall be
incorporated into the collection agreement entered into by Municipality and
Commission pursuant to subsection E of section 2702 of Title 68 of the
Oklahoma Statues, as if fully set forth therein.
3. The method of computing sales tax to be used by vendors in collecting
both state and municipal sales tax, is prescribed in Section 1362 of the Oklahoma Sales
Tax Code. The method of computing use tax to be used by vendors in collecting both
state and municipal use tax, is prescribed in Section 1401 of the Oklahoma Use Tax
Code.
4. The discount (deduction) allowed to vendors in Section 1367.1 of the
Oklahoma Sales Tax Code shall be applicable to both state and local sales tax
remittances. Monetary allowances provided for in 68 O.S. § 1354.31 shall also be
applicable to both state and local sales tax remittances. The discount (deduction)
allowed to vendors in Section 1410.1 of the Oklahoma Use Tax Code shall be
applicable to both state and local use tax remittances. Monetary allowances provided
for in 68 O.S. § 1354.31 shall also be applicable to both state and local use tax
remittances.
5. The Commission shall retain, as its sole compensation for its services
rendered hereunder, an amount equal to the applicable percentage of the amount of the
municipal sales or use taxes, and the interest and penalties with respect thereto,
collected by the Commission hereunder. The applicable percentage is set forth in
Exhibit A as incorporated herein.
6. Except as otherwise provided herein, the Commission shall give no
preference in applying an amount received for state, municipal and county sales or use
taxes owed by a taxpayer to the extent that such amount is less than the aggregate
state, municipal and county sales or use tax liability of the taxpayer. Any such amount
shall be applied pro rata to the satisfaction of the claims of the Commission, the claims
of the Municipality and the claims of other municipalities and counties based on the
portions of the aggregate state, municipal and county sales or use tax liability of the
taxpayer represented by their respective claims.
7. The municipal sales or use tax received and collected by the Commission
pursuant to this Agreement shall be deposited in the State Treasury as required by law.
The Commission shall use its best efforts to cause to be paid to the Municipality no later
than the tenth day of each calendar month all municipal sales and use tax, and the
interest and the penalties with respect thereto, received and collected by the
Commission during the immediately preceding calendar month, less any amount
withheld by the Commission under Paragraph 5 and less any amounts deducted by the
Commission in connection with refunds hereunder.
8. The Commission shall require reports of municipal sales and use tax from
vendors, shall maintain records of reports by, and receipts and collections from vendors,
and shall maintain the records in such a manner that the total amount due the
Municipality each month can be determined by the Commission and can be verified by
the Municipality. The requirement for the Commission to maintain its records in a
verifiable form is intended to require the Commission to maintain its records in a form
capable of producing reports that can be electronically downloaded into, at a minimum,
an excel spreadsheet or its equivalent; the Commission will use a form which is capable
of being understood by a person reviewing such records, The Commission shall
transmit to the Municipality a monthly statement of the municipal sales and use tax, and
interest and penalties with respect thereto, received and collected by the Commission
during the immediately preceding calendar month, the amounts, if any, refunded by the
Commission to taxpayers during the immediately, preceding calendar month and the
amount withheld by the Commission under Paragraph 5.
9. In the event a vendor remits sales or use tax due but fails to submit city
attachments, or submits a report from which the sales or use tax due Municipality
cannot be determined, the Commission will allocate to Municipality such sales or use
tax received pro rata based on the vendor's percentage allocation for the most recent
report filed or, if no report has been filed, according to the best information available to
the Commission. Such amount, and any interest and penalty as provided in Section
217 of Title 68 of the Oklahoma Statutes with respect thereto, shall be paid to the
Municipality in accordance with Paragraph 7. Interest will begin as of the date the
vendor remittance is deposited to the State Treasury.
10. The Municipality acknowledges that the Commission is responsible for
making refunds to taxpayers of municipal sales and use taxes previously collected by
the Commission on behalf of the Municipality. The term "refunds" as used herein shall
include payments made pursuant to filed claim for refund(s) or amended return(s)
approved by the Commission. The Commission's determination of any taxpayer's
liability for sales and use taxes shall be binding as between the Municipality and the
taxpayer.
Any refund of municipal sales and use tax previously paid by the Commission to
the Municipality shall be paid from subsequent collections of the municipal sales and
use tax. Such refund shall be deducted from the collections payable by the Commission
to the Municipality in the immediately following calendar month (unless the taxpayer
entitled to such refund otherwise agrees).
11. The Commission shall provide notice to the Municipality of any aggregate
request for refund or any remittance error of combined state, county and city sales and
use tax in the amounts of $10,000 or more. On or before July 31, 2012, the
Commission will review the software capability of providing notice for any aggregate
request for refund or remittance error of combined state, county and city sales and use
tax in amounts less than $10,000 and, if the capability is available, will implement it.
Notice will be provided within seven (7) business days of the Commission's initial review
of a claim for refund, documented as outlined in OAC 710:65-11-1 or upon discovery of
a remittance error. Municipality agrees that any amount contained in the notice given
pursuant to this section will be considered as advisory only until such time as a final
determination has been made by the Commission. Commission, through the Local Tax
Coordinator, will notify Municipality at such time the Commission determines the final
amount to be refunded pursuant to a claim or remittance error. Any municipal sales or
use tax, and/or any interest and penalties with respect thereto, paid under protest by a
4
taxpayer to the Commission during the immediately preceding calendar month shall be
paid by the Commission to the Municipality as part of the payment being made by the
Commission to the Municipality. If the protested municipal sales or use tax, interest or
penalties are required to be refunded, such amount and any interest required to be paid
thereon will be paid out of subsequent collections by the Commission. Such refund shall
be deducted from the collections payable by the Commission to the Municipality in the
immediately following calendar month (unless the taxpayer entitled to such refund
otherwise agrees) subject to the provisions of paragraph 10.
The municipality may request by a blanket advisement to the Commission that it
be notified of any hearing wherein the Commission hears a claim for refund of a protest
of an assessment. If an affected municipality shall have requested such notice in
writing, the Commission shall, at the same time the parties are notified of the scheduled
hearing, provide notice to the municipality affected.
12. Simultaneously with the execution and the delivery of this Agreement, the
Commission shall, upon written request of the Municipality, provide to the Municipality a
full and complete list of the names and the addresses of the persons and the entities
which or who report doing business within the boundary of the Municipality during the
preceding calendar year in a format as set out in Paragraph 8 of this agreement.
The Commission shall, upon written request of the Municipality, report to the
Municipality on a monthly basis all of the following Information:
(a) additions to, and deletions from, the full and complete list of the
names and the addresses of persons and entities which or who report
doing business during the preceding calendar year within the boundary
of the Municipality;
(b) a full and complete list of the persons and the entities specified in
paragraph 12(a) which or who are more than sixty (60) days delinquent
in filing and/or remitting municipal sales and use taxes pursuant to the
Ordinances; and
(c) a full and complete, list of all persons and all entities paying
municipal sales and use tax under the Ordinances, and/or interest and
penalties with respect thereto, and the amount of such remittances.
The Commission shall, upon written request of the Municipality, report to the
Municipality on a quarterly basis all of the following information
(a) the number of audits completed and assessments determined by
the Commission with respect to municipal sales and use taxes, and/or
interest and penalties with respect thereto, under the Ordinances
during the preceding calendar year; and
5
(b) the amount of additional municipal sales and use taxes, and/or
interest and penalties with respect thereto, under the Ordinances
collected by the Commission during the preceding calendar year.
Commission also agrees to provide Municipality reports in addition to those
outlined above under the following terms:
(a) The report is requested in writing or via e-mail, outlining the
information required and regularity of the report.
(b) The report complies with all terms and statutes outlined within this
agreement.
(c) The information requested is available to the Commission.
(d) Commission will be provided a minimum of sixty (60) days to
compile new requests unless otherwise agreed.
The Commission shall monitor the administration, the collection and the
enforcement of municipal sales and use taxes, and/or interest and penalties with
respect thereto, under the Ordinances. The Commission shall provide the Municipality
such information as may be requested by the Municipality with respect to any protest or
any refund of municipal sales or use taxes levied by the Municipality. The Municipality
shall also be entitled to consult with the Commission's legal staff about protests and
refunds and, to the extent that a protest or a refund involves one or more hearings, the
Municipality shall, through legal counsel or other designated staff employed by the
Municipality, be entitled to be present and observe such hearing(s); provided, however,
the administrative law judge or the Commission may limit the number of counsel or
other designated staff, if any, who may be present to the extent necessary to permit the
hearing to be conducted in an orderly fashion and without undue trepidation on the part
of the taxpayer.
To the extent that such documents and/or such information relates to municipal
sales or use taxes, and/or interest and penalties with respect thereto, and is requested,
at any time and from time to time by the Municipality, the Commission shall promptly
provide to the Municipality (a) copies of applications for sales tax permits, (b) copies of
sales or use tax reports, (c) copies of installment or other payment plans, if any, with
taxpayers and (d) other documents and other information.
The Commission shall promptly notify the Municipality of any conduct which the
Commission believes might be the basis for a criminal prosecution by the Municipality
under the Ordinances and shall provide to the Municipality all of the documents and the
information in the possession of the Commission with respect thereto, including, without
limitation, the names of employees of the Commission who might be witnesses with
respect thereto.
6
The Municipality acknowledges that Section 205 of Title 68 of the Oklahoma
Statutes, which makes the records and the files of the Commission confidential (subject
to specified exceptions) and which prohibits disclosure of such records and such files
(subject to specified exceptions), includes the Commission's records and files with
respect to the receipt and the collection of municipal sales and use tax. Nothing
contained herein is intended to require the Commission to disclose to the Municipality
any information whose disclosure to the Municipality is prohibited by Section 205.
The Commission acknowledges that (a) Section 205(c)(7) of Title 68 of the
Oklahoma Statutes permits the Commission to furnish information disclosed by the
records and the files of the Commission to an official person or body of this state who is
concerned with the administration or the assessment of certain taxes, such as the
Municipality, (b) Section 205(c)(22) of Title 68 permits the disclosure to the governing
body or municipal attorney, if so designated by the governing body, of information
directly involved in the resolution of issues arising out of the enforcement of a municipal
sales and use tax ordinance, such as the Ordinances, pursuant to a municipal tax
collection agreement, such as this Agreement, and (c) Section 22-107 of Title 11 of the
Oklahoma Statutes and Section 205.1 of Title 68 of the Oklahoma Statutes permits the
Commission to release specified information to municipalities.
The Municipality acknowledges that Section 205 of Title 68 of the Oklahoma
Statutes may prevent the disclosure by the Municipality and persons associated with the
Municipality of information which is provided by the Commission to the Municipality and
that improper disclosure by the Municipality or any such person of such Information may
result in civil and criminal liability. The Municipality shall comply with the restrictions
imposed by Section 205.
13. In the event of termination of this Agreement, the Commission will cause
to be paid over to the Municipality, all municipal sales and use tax funds in its
possession then due and payable under this Agreement. The Municipality shall
thereafter be liable for and shall pay any refunds of municipal sales or use tax required
by law to be made, including refunds of municipal sales or use tax, penalty and interest
paid under protest that must be refunded and any interest required thereon. After such
termination, the Commission's liability shall extend only to the amount of such funds
being held by it. The Municipality agrees to pay any interest required by law to be paid
on such refunds.
14. The Commission shall have the authority to assess and to collect, on
behalf of the Municipality, the municipal sales and use taxes levied by the Ordinances,
and the interest and the penalties with respect thereto, including, without limitation, any
municipal sales or use tax, interest and/or penalty existing on the date hereof.
The Municipality agrees to refrain from contacting directly persons or entities
doing business within the boundary of the Municipality unless and until such contact is
agreed to by Commission and Municipality in a rider to this Agreement for the purpose
of the actual collection of sales and use taxes. Municipality does have the inherent
7
authority to contact vendors within and without the municipality concerning the vendor's
alleged violation of municipal ordinances prior to the initiation of criminal prosecution.
The Municipality may inquire of the Commission into the compliance of persons
and entities with the Ordinances and, to the extent that the Municipality determines that
any person or any entity has not complied with the Ordinances, the Municipality may
request the Commission to issue a proposed assessment against such person or such
entity. To the extent that the Commission receives any such request, the Commission
shall review such request within 45 days. If, after said review, Commission believes that
such request presents a basis for a proposed assessment, Commission shall issue a
proposed assessment. Any such proposed assessment shall be resolved as provided in
Sections 201 et seq. of Title 68 and the procedural rules promulgated by the
Commission.
The Municipality may, at the option of the Municipality, request the Commission
to initiate a show cause proceeding against a person or an entity which the Municipality
believes, in good faith, not to be in compliance with the Ordinances or any provision
thereof. To the extent that the Commission receives any such request, the Commission
shall review such request within 45 days. If after said review, Commission believes that
such request presents a basis for a show cause proceeding, Commission shall initiate a
show cause proceeding. Such show cause proceeding shall be conducted as provided
in the procedural rules promulgated by the Commission.
The Commission and the Municipality acknowledge the mutual interest of the
Commission and the Municipality in maximizing compliance with the Ordinances and
the collection of local taxes thereunder. The Municipality may, at any time and from time
to time, either alone or in conjunction with other municipalities, submit a written proposal
for collection and enforcement activities for consideration by the Commission; provided,
however, it is expressly understood that any such written proposal must provide for
coordination with the collection and enforcement activities of the Commission, provide
for the use of the then applicable audit standards of the Commission and otherwise be
in form and in substance to the Commission. In the event that Municipality's proposal Is
accepted by Commission, Municipality will be authorized to conduct the activities
included in such proposal on behalf of Commission and no other action will be
authorized by the Commission by a municipality or municipalities not included in the
accepted proposal.
Provided further that upon the request of the municipality, either alone or in
conjunction with other municipalities, the Commission shall enter into contractual
agreements with the municipality or group of municipalities whereby the municipality or
group of municipalities are authorized to implement or augment the Commission's
enforcement through a contract with a private auditor(s) or audit firm(s) of the municipal
tax. The auditor(s) or audit firm(s) shall first be approved by the Commission and once
approved shall be appointed as an agent of the Oklahoma Tax Commission for
purposes of the audit. Contracts with a private auditor or audit firm are not subject to
the limitations of Section 262 of title 68 of the Oklahoma Statutes, and the parties, the
municipality, private auditor or audit firm and the Commission, are authorized to
exchange necessary information to effectively perform the contracted audit. The
municipality, its officers and employees and the private auditors or audit firms may
receive all information necessary to perform the audit and shall preserve the
confidentiality of such information as required by Section 205, title 68, of the Oklahoma
Statutes, including the penalties set out therein. The Commission shall be furnished the
audit results and all relevant supporting documentation. The municipalities shall pay for
the private auditor(s) or audit firm(s) by deduction from the tax assessment resulting
from said audit unless another method of payment is set out in the contract with the
private auditor or audit firm. Any municipal sales and use tax funds recovered as a
result of the use by the municipality of a private auditor or audit firm shall not be subject
to the retention calculated by the Commission as provided in Paragraph 5 of this
agreement, in addition the Commission shall pay to the municipality any retainage that
the Commission shall be entitled to for collection of county sales and use tax and shall
pay to the municipality the state's pro rata share of the expenses of the auditor.
Provided further, the Commission shall have no obligation to any municipality that does
not participate in an audit conducted under subsection D of Section 2702 of Title 68 of
the Oklahoma Statutes or an audit conducted pursuant to this section.
Notice of a proposed independent audit shall be provided to the municipality and
the municipality shall within 30 days provide acceptance or rejection of participation in
the audit. Failure to act within the 30 day time period shall mean that the municipality
shall not be included in the audit. Failure to act with respect to a particular independent
audit within the 30 day time period shall relieve the Commission of its obligation to audit
on behalf of the municipality with respect to that particular audit.
15. It is recognized and acknowledged that the Ordinances include criminal
sanctions for violation of the Ordinances. Notwithstanding anything else contained
herein, the Municipality shall have the exclusive authority to prosecute any criminal
violations of the Ordinances and the Commission shall refrain from taking any such
action. Nothing contained herein shall prevent the State of Oklahoma from prosecuting
persons for crimes under state law, including, without limitation, embezzlement by a
vendor of a municipal sales tax.
16. To the extent that the Municipality decides to prosecute criminally any
action under this Agreement, the Commission and the Municipality shall cooperate, in
good faith, to maximize collections under the Ordinances and to minimize duplicative
effort by the Commission and the Municipality.
17. Where the municipality takes the action recognized by paragraph 15 of
this Agreement for prosecution to enforce its sales or use tax ordinance, all taxes shall
be paid by the taxpayer directly to the Commission. Any resulting payment of municipal
tax shall not be subject to the retention calculated by the Commission for the collection
of city sales and use taxes as provided in Paragraph 5 of this agreement, subject to the
implementation plan established in paragraph 2B of this agreement.
18. The Commission has the authority to enter into an installment or other
payment agreement with any taxpayer, including a taxpayer prosecuted under a
municipal sales or use tax ordinance, for state and local taxes owed by the taxpayer.
Commission will, through its use of a pay plan in order to keep a delinquent business
open, collect the liability as quickly as possible by requiring a significant down payment
and completion of the pay plan in as short a period as possible. The Municipality shall
be entitled to consult with the Commission's legal staff about an installment or other
payment agreement prior to negotiation of such an agreement. The installment or other
payment agreement shall be void if the taxpayer becomes delinquent in future tax
liability or payment under the agreement becomes delinquent. The Commission shall
furnish a list of all sales and use taxpayers which have entered into agreements with the
Commission on a monthly basis along with the terms, conditions and status of each
such installment or payment agreement.
19. The Municipality agrees that, if there is a challenge to the constitutionality
or the legality of the Ordinances or any provision thereof (other than a challenge based
on the application by the Commission of the Ordinances or any provision thereof), the
Municipality shall be responsible for the resolution of such challenge. If such a
challenge is based on the application by the Commission of the Ordinances or any
provision thereof, the Commission shall be responsible for the resolution of such
challenge. The party responsible for the resolution of any challenge shall make all
decisions with respect to the prosecution and the settlement of any litigation with
respect to such challenge and the other party shall cooperate with the responsible party
with respect to the resolution of such challenge. The Commission shall provide notice
to the Municipality of any challenge. Notice will be provided within seven (7) business
of the receipt of the challenge and the municipality shall be allowed to participate in any
decision.
20. The change in the boundary of Municipality shall be effective for sales tax
purposes only, on the first day of a calendar quarter following the enlargement of the
municipal city limits. If a municipality should de-annex a territory the sales tax from
business or firms located in the de-annexed area shall cease on the effective date of the
de-annexation ordinance. Municipality shall give the Commission notice in writing of any
annexation or de-annexation of territory to the municipality at least as required by Title
68 Oklahoma Statutes Section 2701. The notice shall include a verified copy of the
boundaries of the newly annexed or de-annexed territory. In addition all Municipality
limit lines shall be shown in map form, and certified to the Commission by the municipal
clerk.
21. Neither Municipality nor Commission has entered into this Agreement with
the intention of violating state law or the provisions of the Streamlined Sales Tax
Agreement. If it is determined by either party that any provision violates either state law
or the Streamlined Sales Tax Agreement, such provision of the Agreement shall be null
and void. The remaining provision of the Agreement shall be in effect until the expiration
or termination of the Agreement.
10
22. This Agreement shall be in effect from until ,
and shall renew without action of the parties for additional terms of one (1)
year provided that the current rate has not been changed and neither party has given
written notice to the other party of its intent to terminate this Agreement prior to the
expiration of the then current term. Either party may terminate this contract for any
reason upon thirty (30) days written notice of its intent to terminate to the other party.
IN WITNESS WHEREOF, the parties have set their hands and affixed their
official seals the day and year first above written.
THE MUNICIPALITY OF
A Municipal Corporation
Mayor
OKLAHOMA TAX COMMISSION
Th s E. Ke p, Jr., C man
,WfrY J son, ice-Chairman
ATTEST: (CITY SEAL)
Municipal Clerk
ATTEST: (STATE SEAL)
Assistant Secretary - OTC
APPROVED BY THE CITY OF
LEGAL DEPARTMENT
BY DATE
Dawn Cash, Se retary-Member
APPROVED:
Director, Taxpayer Assistance Division
11
EXHIBIT A
RETENTION FEE AS OF 9/1/1989 PER TITLE 68-SEC.2702
RATE FEE RATE FEE
1%-1.99% - 1.75% 2.5% = 1.25%
2% = 1.50% 2.75% = 1.12%
2.25% = 1.37% 3% or> m 1.00%
12
Ao-t
?Th' City tt niJ Limifs.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Roger Stevens
Public Works Director
SUBJECT: East 86th Street North Widening Project (Main to Memorial Road)
Utility Relocation Agreement with Washington County RWD #3
DATE: November 11, 2011
BACKGROUND:
In September 2006, the City of Owasso was awarded funding through the Oklahoma
Department of Transportation's (ODOT) Urbanized Area Surface Transportation Program to
widen 86th Street North from Main Street in Owasso to Memorial Drive. As part of the project
design, all utilities encroaching on the project are required to be relocated prior to project
letting, unless they are being relocated during roadway construction. AT&T, ONG, Cox
Communications, and AEP-PSO utilities have been relocated.
The relocation of the Washington County RWD #3 waterline is included in the roadway
construction as the moving of the line is the responsibility of the City of Owasso. The design for
the waterline relocation was performed by C2A, engineering consultant from Tulsa, Oklahoma.
In order to formalize the responsibilities of each entity, an Agreement has been draffed with
Washington County RWD #3 (see Attachment A) that includes the following:
• The City of Owasso will be responsible for the cost to complete the required relocation
work including field surveys, design and plan preparation, reviews, permitting, bidding,
and construction.
• The Washington County RWD #3 water line shall be relocated upon right of way land
obtained by the City of Owasso for that purpose.
• The City of Owasso will provide Washington County RWD #3 the some access and
maintenance rights as before the utility relocation.
• The City of Owasso will assure compliance with all local, state, and federal laws, rules,
regulations, ordinances, orders, and required approvals applicable to it or the project.
RECOMMENDATION:
Staff recommends City Council approval of an agreement between the City of Owasso and
Washington County Rural Water District #3 for the purpose of utility relocation associated with
the East 86th Street North Widening Project (Main to Memorial) and authorization for the Mayor
to execute the agreement.
ATTACHMENTS:
A. Site Map
B. Utility Relocation Agreement
Owasso Public Works
Department
Engineering Div.
P.O. 180
Owasso, OK 74055
91 9.272.4959
www. cltyof0wa sso . coI11
E 86th STREET N
WIDENING PROJECT
SITE MAP
N
1N E
UTILITY RELOCATION AGREEMENT
PROJECT: East 860h Street North, Memorial Drive to Main Street in Owasso
STP-172A(346)IG, State Job No. 24037(04)
COUNTY: Tulsa
THIS AGREEMENT made and entered into by and between the City of Owasso, Oklahoma (Owasso
Public Utilities Authority), hereinafter called the "City" and Rural Water District No. 3, Washington
County, Oklahoma, hereinafter called the "District".
RECITALS
WHEREAS, the City proposed to construct certain roadway and drainage system improvements
along 86th Street North from Memorial to Main Street in Owasso and such improvements will
necessitate the rearrangement of certain water lines and related appurtenances (i.e., facilities)
currently owned, operated and maintained by said District within the project corridor, and;
WHEREAS, it is understood that the scope of the relocation work is different than the facilities that
exist within the project corridor today, however such differences do not constitute "betterments"
for the District, and the District will be giving up certain rights and benefits it enjoys in entering
into this Agreement, and;
WHEREAS, the City will be responsible for all tasks to complete the required relocation work
including but not necessarily limited to field surveys, design and plan preparation, reviews,
permitting, bidding and construction, all being subject to the review and written approval of the
District. The design and construction work will be performed in complete conformance with the
current Standards for Materials and Construction of the District (see attachment) and;
WHEREAS, the City will be responsible for all associated costs including the District's expense to
have its own engineer review and comment on the plans for the required relocation work, attend
meetings and prepare related correspondence, and technical guidance, and;
WHEREAS, the said facilities shall be legally and rightfully relocated upon right of way lands
obtained by the City for said purpose and giving the District the same rights as it enjoys today. The
City will provide the legal documents to the District that show and describe the right of way lands
upon which the District's facilities will be relocated, and Owasso herein guarantees title to such
rights of way and agrees to indemnify, defend and hold District harmless from any suits involving
the validity, existence or the District's right in and to said rights of way, and;
WHEREAS, it is understood that if said project is to be financed in part from funds appropriated by
the United States and expended under its regulations, that acceptance of work and procedure in
general are subject to Federal Laws, Rules, Regulations, Orders, and Approvals applying to it as a
Federal Project, and;
WHEREAS, the City will be responsible for assuring compliance with all local, state and federal laws,
rules, regulations, ordinances, orders, and required approvals applicable to it or the Project,
whether by reason of being a Federal Project or otherwise, and;
WHEREAS, the City and/or District both separately or together reserve the right to cancel this
Agreement at any time prior to the beginning of the adjustment or relocation of the facilities of the
District, and;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
1. City will pay all costs associated with or related to the relocation of the District's waterlines,
appurtenances and facilities, unless otherwise provided for herein.
2. City will prepare, or have prepared, engineered drawings showing the present, temporary and
proposed location of the District's facilities in both plan and profile views with reference to the
centerline of survey and/or the new and existing right-of-way lines using control stationing.
The plans shall delineate the details of the work including but, not necessarily limited to,
alignment geometry, pipe materials and pressure class, fitting types and end conditions,
restraints, depth of cover and separation distances from other utilities.
3. The City will comply with all applicable laws and regulations necessary to meet the Oklahoma
Department of Environmental Quality (ODEQ) requirements for pollution prevention, including
discharges from storm water runoff on this project. Further, City agrees to secure a Storm
Water Permit from the ODEQ, when required. City represents and agrees that the project plans
and specifications, required schedules for accomplishing the temporary and permanent erosion
control work, the storm water pollution prevention plans contained in the plans constitute the
Storm Water Management Plan for the project. City agrees to have daily operational control of
those activities, at the site, necessary to ensure compliance with plan requirements and permit
conditions. City agrees to file the Notice of Intent (NOI), when required, for a general
construction Oklahoma Pollutant Discharge Elimination System Permit with DEQ, which
authorizes discharges of storm water associated with construction activity from the project site
identified in this document. Such drawings will be attached to and become a part of this
agreement.
4. City agrees to comply fully with all funding agency requirements.
S. City agrees to provide the District with two (2) sets of the final plans for review and approval.
6. City agrees to provide the District with two (2) sets of all shop drawing submittals for the
District's water line and related appurtenances and to not allow the installation of any materials
without prior written approval from the District.
7. City agrees to include the District in all coordination and construction progress meetings and to
provide two (2) copies of all related project correspondence.
8. District will have at least one representative who will review and inspect the Work and
progression on the Project, said representatives to be paid for at District's sole expense. City
agrees to effectively communicate with the District's representative (s) regarding construction
issues and related concerns. Effective communication shall include, but not necessarily be
limited to, written documentation describing any proposed changes to the District's existing
and/or new facilities.
City agrees to provide for qualified inspector that will be on site during the relocation work.
ODOT's inspector shall serve as ODOT's and City's representative and will work with the
District and its representative (s) as a liaison. The City's inspector will be responsible for
documenting all day-to-day communications with the District during the construction work. It
is agreed that the District's representative shall not direct any field changes with the
Construction Contractor that haven't been previously approved in writing by the City and/or
City's inspector.
10. City agrees to consider and act upon reasonable changes requested by the District that varies
from the approved plans and bid documents. It is anticipated that certain changes may be
required as a result of unforeseen obstacles and/or other utility or roadway changes. The cost
for changes of this nature will be covered entirely by the City. Approved changes that are not
the result of unforeseen obstacles and result in betterments beyond the scope depicted in the
final approved plans and bid documents shall be covered by the District and will be agreed
upon in writing before any work is performed; provided, however, if such agreement cannot be
reached between City and the District then this Agreement shall be considered null, void and
terminated.
11. The District's representatives shall have any and all reasonable access to the project site during
the installation of their water lines and during the project roadway and bridge construction to
protect their new and existing water lines. (ODOT would not allow the "unlimited access"
comment.) The District's project representative shall have final approval of all trenching,
bedding, haunching, backfilling and final grading over the District's water line, installation of all
valves, hydrants, restraints, pipes, meters and other appurtenances and facilities. Trenches
shall remain open until the end of the work day, so the District's representative can approve
them for backfilling. Any conflicts with the installation of the District's waterlines,
appurtenances or facilities in relation to the overall project construction shall be presented to
the District and/or District's Engineer for resolution.
12. City agrees to allow the District to be present when pressure testing and disinfection of its
water lines is performed and provide approval to the Contractor only after receiving written
final approval from the District.
13. City agrees to assure minimum down times for the transfer of all services.
14. City agrees to provide the District with two (2) complete sets of Record Drawings for the
Project. The Record Drawings shall be provided in both hard copy and electronic format. The
electronic format shall be on compact disk that includes design files that are directly compatible
with Auto CAD Lt 2007.
15. The Recitals stated above are considered material terms of this Contract, and the parties agree
to be bound by all statements and representations made in the Recital section above.
It is understood that this Agreement does not change the rights or obligations of the District or the
City as they exist in accordance with present State Law.
IN WITNESS WHEREOF, the parties hereto have caused this Utility Relocation Agreement to be
executed by their duly authorized officers on the day and year last below written.
WASHINGTON COUNTY RURAL WATER DISTRICT NO. 3:
By:
(Title)
(Date)
THE CITY OF OWASSO, OKLAHOMA
A MUNICIPAL CORPORATION:
Mayor
Date:
ATTEST: (SEAL)
City Clerk
APPROVED AS TO FORM:
City Attorney
.000
5)
The CJity Wit out out Limit5.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Roaer Stevens
Public Works Director
SUBJECT: 106th Street North and North Garnett Road Widening Project
Utility Relocation Agreement with Washington County RWD #3
DATE: November 11, 2011
BACKGROUND:
In February 2009, the City of Owasso was awarded funding through the Oklahoma Department
of Transportation's (ODOT) Non-Urbanized Area Surface Transportation Program to widen the
intersection at 106th Street North and North Garnett Road in Owasso. As part of the project
design, all utilities encroaching on the project are required to be relocated prior to project
letting, unless they are being relocated during roadway construction.
The relocation of Washington County Rural Water District (RWD) #3 waterline is included in the
roadway construction as the moving of the waterline is the responsibility of the City of Owasso.
The design for the waterline relocation was performed by PSA-Dewberry, engineering consultant
from Tulsa, Oklahoma.
In order to forr-nalize each entity's responsibilities, an Agreement has been drafted with
Washington County RWD 41-3 (see Attachment B) that includes the following:
• The City of Owasso will be responsible for the cost to complete the required relocation
work including field surveys, design and plan preparation, reviews, permitting, bidding
and construction.
• The Washington County RWD #3 water line shall be relocated upon right of way land
obtained by the City of Owasso for that purpose.
• The City of Owasso will provide Washington County RWD #3 the some access and
maintenance rights as before the utility relocation.
• The City of Owasso will assure compliance with all local, state, and federal laws, rules,
regulations, ordinances, orders, and required approvals applicable to the project.
RECOMMENDATION:
Staff recommends City Council approval of an agreement between the City of Owasso and
Washington County Rural Water District #3 for the purpose of utility relocation associated with
the E. 106th Street North and North Garnett Road Intersection Widening Project and
authorization for the Mayor to execute the agreement.
ATTACHMENTS:
A. Site Map
B. Utility Relocation Agreement
Owasso Public Works
Department
Engineering Dior.
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
E 106th ST N & GARN ETT RD
INTERSECTION
WIDENING PROJECT
SITE MAP
N
W E
s
11/02/11
UTILITY RELOCATION AGREEMENT
PROJECT: North Garnett Road and East 106th Street North, Intersection Improvements
STP-172A(462)UR, State Job No. 26599(04)
COUNTY: Tulsa
THIS AGREEMENT made and entered into by and between the City of Owasso, Oklahoma (Owasso
Public Utilities Authority), hereinafter called the "City" and Rural Water District No. 3, Washington
County, Oklahoma, hereinafter called the "District".
RECITALS
WHEREAS, the City proposed to construct certain roadway and drainage system improvements in
the vicinity of the Intersection of North Garnett Road and East 106th Street North in Owasso and
such improvements will necessitate the rearrangement of certain water lines and related
appurtenances (i.e., facilities) currently owned, operated and maintained by said District within the
project corridor, and;
WHEREAS, it is understood that the scope of the relocation work is different than the facilities that
exist within the project corridor today, however such differences do not constitute "betterments"
for the District, and the District will be giving up certain rights and benefits it enjoys in entering
into this Agreement, and;
WHEREAS, the City will be responsible for all tasks to complete the required relocation work
including but not necessarily limited to field surveys, design and plan preparation, reviews,
permitting, bidding and construction, all being subject to the review and written approval of the
District. The design and construction work will be performed in complete conformance with the
current Standards for Materials and Construction of the District (see attachment) and;
WHEREAS, the City will be responsible for all associated costs including the District's expense to
have its own engineer review and comment on the plans for the required relocation work, attend
meetings and prepare related correspondence, and technical guidance, and;
WHEREAS, the said facilities shall be legally and rightfully relocated upon right of way lands
obtained by the City for said purpose and giving the District the same rights as it enjoys today. The
City will provide the legal documents to the District that show and describe the right of way lands
upon which the District's facilities will be relocated, and Owasso herein guarantees title to such
rights of way and agrees to indemnify, defend and hold District harmless from any suits involving
the validity, existence or the District's right in and to said rights of way, and;
WHEREAS, it is understood that if said project is to be financed in part from funds appropriated by
the United States and expended under its regulations, that acceptance of work and procedure in
general are subject to Federal Laws, Rules, Regulations, Orders, and Approvals applying to it as a
Federal Project, and;
WHEREAS, the City will be responsible for assuring compliance with all local, state and federal laws,
rules, regulations, ordinances, orders, and required approvals applicable to it or the Project,
whether by reason of being a Federal Project or otherwise, and;
WHEREAS, the City and/or District both separately or together reserve the right to cancel this
Agreement at any time prior to the beginning of the adjustment or relocation of the facilities of the
District, and;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto
agree as follows:
1. City will pay all costs associated with or related to the relocation of the District's waterlines,
appurtenances and facilities, unless otherwise provided for herein.
2. City will prepare, or have prepared, engineered drawings showing the present, temporary and
proposed location of the District's facilities in both plan and profile views with reference to the
centerline of survey and/or the new and existing right-of-way lines using control stationing.
The plans shall delineate the details of the work including but, not necessarily limited to,
alignment geometry, pipe materials and pressure class, fitting types and end conditions,
restraints, depth of cover and separation distances from other utilities.
3. The City will comply with all applicable laws and regulations necessary to meet the Oklahoma
Department of Environmental Quality (ODEQ) requirements for pollution prevention, including
discharges from storm water runoff on this project. Further, City agrees to secure a Storm
Water Permit from the ODEQ when required. City represents and agrees that the project plans
and specifications, required schedules for accomplishing the temporary and permanent erosion
control work, the storm water pollution prevention plans contained in the plans constitute the
Storm Water Management Plan for the project. City agrees to have daily operational control of
those activities, at the site, necessary to ensure compliance with plan requirements and permit
conditions. City agrees to file the Notice of Intent (NOI), when required, for a general
construction Oklahoma Pollutant Discharge Elimination System Permit with DEQ, which
authorizes discharges of storm water associated with construction activity from the project site
identified in this document. Such drawings will be attached to and become a part of'this
agreement.
4. City agrees to comply fully with all funding agency requirements.
S. City agrees to provide the District with two (2) sets of the final plans for review and approval.
6. City agrees to provide the District with two (2) sets of all shop drawing submittals for the
District's water line and related appurtenances and to not allow the installation of any materials
without prior written approval from the District.
7. City agrees to include the District in all coordination and construction progress meetings and to
provide two (2) copies of all related project correspondence.
8. District will have at least one representative who will review and inspect the Work and
progression on the Project, said representatives to be paid for at District's sole expense. City
agrees to effectively communicate with the District's representative (s) regarding construction
issues and related concerns. Effective communication shall include, but not necessarily be
limited to, written documentation describing any proposed changes to the District's existing
and/or new facilities.
9. City agrees to provide for qualified inspector that will be on site during the relocation work.
ODOT's inspector shall serve as ODOT's and City's representative and will work with the
District and its representative (s) as a liaison. The City's inspector will be responsible for
documenting all day-to-day communications with the District during the construction work. It
is agreed that the District's representative shall not direct any field changes with the
Construction Contractor that haven't been previously approved in writing by the City and/or
City's inspector.
10. City agrees to consider and act upon reasonable changes requested by the District that varies
from the approved plans and bid documents. It is anticipated that certain changes may be
required as a result of unforeseen obstacles and/or other utility or roadway changes. The cost
for changes of this nature will be covered entirely by the City. Approved changes that are not
the result of unforeseen obstacles and result in betterments beyond the scope depicted in the
final approved plans and bid documents shall be covered by the District and will be agreed
upon in writing before any work is performed; provided, however, if such agreement cannot be
reached between City and the District then this Agreement shall be considered null, void and
terminated.
11. The District's representatives shall have any and all reasonable access to the project site during
the installation of their water lines and during the project roadway and bridge construction to
protect their new and existing water lines. (ODOT would not allow the "unlimited access"
comment.) The District's project representative shall have final approval of all trenching,
bedding, haunching, backfilling and final grading over the District's water line, installation of all
valves, hydrants, restraints, pipes, meters and other appurtenances and facilities. Trenches
shall remain open until the end of the work day, so the District's representative can approve
them for backfilling. Any conflicts with the installation of the District's waterlines,
appurtenances or facilities in relation to the overall project construction shall be presented to
the District and/or District's Engineer for resolution.
12. City agrees to allow the District to be present when pressure testing and disinfection of its
water lines is performed and provide approval to the Contractor only after receiving written
final approval from the District.
13. City agrees to assure minimum down times for the transfer of all services.
14. City agrees to provide the District with two (2) complete sets of Record Drawings for the
Project. The Record Drawings shall be provided in both hard copy and electronic format. The
electronic format shall be on compact disk that includes design files that are directly compatible
with AutoCAD Lt 2007.
1S. The Recitals stated above are considered material terms of this Contract, and the parties agree
to be bound by all statements and representations made in the Recital section above.
It is understood that this Agreement does not change the rights or obligations of the District or the
City as they exist in accordance with present State Law.
IN WITNESS WHEREOF, the parties hereto have caused this Utility Relocation Agreement to be
executed by their duly authorized officers on the day and year last below written.
WASHINGTON COUNTY RURAL WATER DISTRICT NO. 3:
By:
(Title)
(Date)
THE CITY OF OWASSO, OKLAHOMA
A MUNICIPAL CORPORATION:
Mayor
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
(SEAL)
AO*
City Yvit"scut Limits.
TO: The Honorable Mayor and City Council
City Of Owasso
FROM: H. Dwayne Henderson, P.E.
City Engineer
SUBJECT: Tulsa County Inter-Local Agreement
1 16th Street North Bridge Repair
DATE: November 11, 201"1
BACKGROUND:
In the spring of 2011, the reinforced concrete box culvert underneath 1 16th Street North, just east
of the SK&O Railroad, started sinking. The structure was inspected by Guy Engineering and Tulsa
County Engineers and found to be structurally unsound. Tulsa County informed the City of
Owasso about the failing structure and volunteered to assist the City with replacing the box.
More specifically, the assistance offered includes the use of County labor and equipment to
replace the concrete box, headwall construction, and resurfacing of the affected roadway
section. The City of Owasso will be responsible for purchasing materials, providing traffic control,
installing sod, contracting striping and guard rail installation, and clean-up of the project area.
Tulsa County staff suggested acquiring a bridge design with the necessary detail for constructing
the project. In April 2011, HUB, Incorporated performed the design work and completed the
plans in August 2011. The design consists of replacing the existing box with an 8' x 3' double cell
pre-cast reinforced concrete box. This structure will accommodate the necessary flow of
stormwater as well as maintain a low-profile consistent with the current elevation of the road.
The pre-cast box will allow the County to remove the existing structure and install the new box
without the normal cure time of a "cast-in-place" concrete box.
With the anticipated closing and reconstruction of E . 86th Street North from Main Street to
Memorial Road, from early spring 2012 to late fall 2013, E. 1 16th Street North will experience an
increase in traffic flow. This section of roadway is within the City of Owasso maintenance system
and the concrete box culvert should be replaced as soon as possible to ensure both roadways
are not closed concurrently. It is anticipated that total construction to replace the box should
take no longer than one month.
INTERLOCAL AGREEMENT:
For this project to be completed as proposed, an inter-local agreement is necessary between
the City of Owasso and Tulsa County. The agreement outlines the following responsibilities:
Tulsa County:
Remove pavement
Demolish the old box
nstal the new box
ForrY~ and pour the new oncree rtec7d Nall
Re=place the roadway
City of Owasso:
• Purchase the pre-cast box
• Reimburse Tulsa County for rnaterials needed for headwalls
• Reimburse Tulsa County for paving materials
Provide traffic control
• Provide and install sod
• Contract striping
• Contract guard-railing installation
• Perform clean-up
RECOMMENDATION:
Staff recommends City Council approval of an inter-local agreement between the City of
Owasso and Tulsa County for the purpose of construction assistance related to the reinforced
concrete box culvert underneath I I6th Street North, just east of the SK&O Railroad, between
Garnett and Mingo Road.
ATTACHMENT
A. Project Location Map
6. Tulsa County Inter-local Agreement
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Owasso Public Works
Department
Engineering Div.
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
OCTOBER 2011
116TH STREET BOX
CULVERT REPLACEMENT
PROJECT
W
S N
E
10/12/2011
INTERLOCAL AGREEMENT
THIS AGREEMENT, made the day of , 2011, by and between the Board of
County Commissioners of Tulsa County, Oklahoma, hereinafter called "County" and the City of
Owasso, Tulsa County, Oklahoma, hereinafter called "City"
WITNESSETH:
WHEREAS, by virtue of 69 O.S., 1981, Section 1903, the Board of County Commissioners is
authorized to enter into agreements with municipalities to constrict, improve, and repair any of
the streets of such municipalities, and;
WHEREAS, by virtue of 74 O.S. § 1008, the parties are authorized to enter into a contract for
governmental services under the Interlocal Cooperation Act which sets forth the purposes,
powers, rights, objectives and responsibilities of the contracting parties;
WHEREAS, the County is desirous of participating in projects and the provision of services
mutually advantageous to the County and other units of government;
THEREFORE, in consideration of the covenants and conditions hereinafter contained, the parties
hereto agree as follows:
The duration of this Agreement shall be from the date of execution of this
Agreement until the project is complete.
2. The purpose of this Agreement shall be to provide concrete box replacement
reimbursement at 116th Street North Box, just east of the railroad within the city limits of
Owasso.
The County shall:
a. Remove pavement;
b. Demolish the old box;
c. Install the new box;
d. Fonn and pour the new concrete headwalls;
e. Replace the roadway.
4. City of Owasso shall:
a. Purchase the pre-cast box, FOB to the site;
b. Reimburse Tulsa County for materials needed for headwalls;
c. Reimburse Tulsa County for paving materials;
d. Provide traffic control;
e. Provide and install sod;
f Contract striping;
g. Contract Guard-railing;
h. Perform cleanup
5. This Agreement shall be effective from and after the date of execution hereof and is
intended only for the purpose described in section 2 above.
6. The rights, duties and obligations under or arising from this Agreement shall not be
assigned by either party hereto without the express written consent of the other party.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal this
day of )2011.
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF OWASSO
MAYOR
BOARD OF COUNTY COMMISSIONERS
TULSA COUNTY, OKLAHOMA
ATTEST:
CHAIRMAN
COUNTY CLERK
The ciiy bvit Taut Lit-nits.
TO: The Honorable Mayor and City Council
City Of Owasso
FROM: Sherry Bishop
Assistant City Manager, Administrative Services
SUBJECT: Supplemental Appropriation
116", Street North Bridge Repair
DATE: November 11, 2011
BACKGROUND:
Included on the November 15, 2011 City Council agenda for consideration and appropriate
action is a request for City Council authorization to enter into an Inter-local agreement with Tulsa
County in order to share expenses associated with the repair of the reinforced concrete box
culvert underneath E. 116th Street North, just east of the SK&O Railroad, between Garnett Road
and Mingo Road. Funding for this project was not included in the FY 2011-2012 budget.
In the spring of 2011, this structure was inspected by Guy Engineering and Tulsa County Engineers
and found to be structurally unsound. In addition, the E. 861h Street North Widening Project from
Main Street to Memorial Road is expected to be underway in early spring 2012, and the
expected road closure will cause an increase in traffic flow on E. 116th Street North. The
concrete box culvert and section of roadway should be replaced as soon as possible to ensure
both roadways are not closed concurrently.
FUNDING:
Funding for this project was not included in the FY 2011-2012 approved budget and would
require a budget amendment and supplemental appropriation. Adequate funding is available
in the General Fund reserves to fund a supplemental appropriation in the amount of $133,000.
RECOMMENDATION:
Staff recommends City Council approval of a budget amendment in the General Fund,
increasing the appropriation for expenditures in the Streets Division Budget by $133,000 for the
repair and replacement of a reinforced concrete box culvert underneath 116th Street North, just
east of the SK&O Railroad, between Garnett and Mingo Road.
Aft
kA AwAN
Thy €City Wit .uf Limits,
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Sherry Bishop
Assistant City Manager, Administrative Services
SUBJECT: Resolution No. 2011-09
Garnett Regional Detention Assessment Area
DATE: November 11, 2011
BACKGROUND:
At the September 13, 2011 Council work session, staff presented a recommendation for the rate
for the assessment fee in the Garnett Regional Detention Assessment Area. There was found to
be a discrepancy in the map which defines the assessment area and is referred to in the
ordinance as "Exhibit A."
A map was created in 2007 when the ordinance was approved, but the map was not attached
to nor was it filed with the ordinance. When the omission of the map was discovered, a "new"
map was created erroneously depicting only the undeveloped acres as of 2011. The new Exhibit
A was filed as an attachment to the ordinance.
The 2007 map includes an area labeled "Future Development Served by Regional Detention
Pond 118 Acres (Total)." On the 2011 map, the area is labeled "Future Development Served by
Regional Detention Pond 93.97 Acres."
HISTORY OF THE PROJECT:
The recommendations of the Stormwater Master Plan focused attention on the need to take a
more comprehensive approach to development issues and the impact of development on a
specific area of the city. This regional detention facility was one of the Stormwater Master Plan's
recommended projects.
The original concept was to mandate the use of a regional detention facility for all properties
within the designated detention area. Partial funding for the project was expected to be
derived from the mandatory fee in lieu of detention on the undeveloped property within the
detention area.
The concept presented at the August 10, 2007 City Council work session listed the benefits of the
project as "mitigation of existing Stormwater concerns, use of more appropriate land for
drainage thus allowing property currently being utilized for detention to be used in a more
productive manner and avoiding the development of numerous small detention facilities
located on potentially tax generating property." The project was estimated to cost between $3
million and $3.5 million. The regional detention area was described to be 118 acres with
approximately 70 acres undeveloped. Funding was to be derived from three sources: the
stormwater management utility fees, a mandatory fee in lieu of detention and the release of
restricted property currently used for detention. The fee in lieu of detention was anticipated to
contribute $2,300,000 toward the project.
On August 21, 2007, the City Council approved several items relating to the project including the
land purchase, an engineering agreement, budget amendment and financing.
On September 18, 2007, staff recommended an ordinance establishing the assessment area,
requiring the use of the regional detention in the assessment area and establishing a mandatory
fee in lieu of detention. In contrast to the original concept, the ordinance also established that
all costs associated with the project would be recouped by an assessment.
After review of the memoranda relating to the project as authorized by the Council in August
2007, it appears that neither staff nor the City Council expected that the owners of the
undeveloped property would bear the full cost of the regional detention facility. The intent was
that the project would do two things, mitigate downstream problems and provide detention for
future development.
CURRENT ISSUE:
The current decision before the City Council is whether it is more appropriate for the cost of the
project to be shared in some way among the current and future users of the detention facility or
whether the total cost should be borne by only the future users. There are two variables to be
considered in the calculation of the assessment rate: total project cost and total acres to share
the cost.
Total Project Cost.
In order to develop possible options, information was requested of Meshek & Associates who
provided the engineering services for this project. Brandon Clarborn (Meshek & Associates)
calculated that approximately 500 of the pond volume was for mitigation (downstream
flooding) and 50% was for future development. Backup d ocumentation is expected to be
available before the Council meeting on Tuesday.
Total project cost of $3,420,408 was used in the calculations presented on September 13, 2011.
That amount did not include the cost of associated upstream drainage improvements
completed in 2008 at a cost of $130,490.50 which should be added to the project.
Construction of the pond itself is $1,325,006. The cost of other elements of the project (land,
engineering, inspections, and financing) might not have altered much due to the pond volume.
The total project cost reduced by 500 of the pond construction cost would provide a project
cost for future development of $2,888,395.50.
Total Acres for Assessment Area.
As stated before, there are two maps of the Assessment Area. The original map from 2007
indicates 118 acres in the assessment area. The map created in 2011 and attached to the
ordinance indicates 93.97 acres in the assessment area.
PROPOSAL:
After consideration of The variables, staff proposes that a portion of the project cost that
primarily provides for mitigation of downstream problems be deducted from the #C)tai cost for
the purpose of calculation of the assessment fee. The proposed deduction is 50% of the
detention facility construction, reducing the cost by $662,503. The final amount for the
assessment fee calr-ulatiorl wot.jld be $2,888,395.50.
Staff proposes that the map created in 201, 1 and currently filed as Exhibit A to Ordinance No. 903
indicating an assessment area of 93.97 acres be used for calculation of the assessment fee.
The attached Resolution No. 2011-09 would establish the assessment fee in lieu of detention for
the Garnett Regional Detention Assessment Area at $30,737.42 per acre or $0.706 per square
foot for the 93.97 acres of undeveloped property identified on the map filed as Exhibit A with the
ordinance.
RECOMMENDATION:
Staff recommends City Council approval of Resolution No. 2011-09 establishing the assessment
fee in lieu of detention for the Garnett Regional Detention Assessment Area at $30,737.42 per
acre or $0.706 per square foot.
ATTACHMENTS:
A. Resolution No. 2011-09
B. Exhibit A
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2011-09
A RESOLUTION ESTABLISHING THE ASSESSMENT FEE IN LIEU OF DETENTION
FOR ALL UNDEVELOPED PROPERTY IN THE GARNETT REGIONAL DETENTION
ASSESSMENT AREA.
WHEREAS, the City Council previously adopted Section 18-601, "Garnett Regional
Detention Facilities," in the Owasso Code of Ordinances which provided for the
construction of the Garnett Regional Detention Facility and mandated that all property
developed subsequent to passage of that ordinance shall utilize the Detention Facility for
storm water runoff management. Section 18-601 further provided that costs for land
acquisition, construction, professional fees, interest and other necessary costs and fees
would be recouped through a per square foot assessment fee, payment being due
upon approval of the final plat, for all property located within the Assessment Area.
WHEREAS, Section 18-601 provides that the per square foot assessment fee will be
established through a resolution approved by the City Council after all costs expended in
the construction fee of the Garnett Regional Detention Facility have been finalized;
WHEREAS, final construction of the project has been completed and the project
has been accepted by the City of Owasso. The total cost of construction for the Garnett
Regional Detention Facility attributable to the Assessment Area is $2,888,395.50. The
Assessment Area per Exhibit A contains 93.97 acres, thus the mandatory assessment fee
has been calculated to be $0.706 per square foot or $30,737 per acre.
NOW, THEREFORE, BE IT RESOLVED that the mandatory assessment fee in lieu of
detention in the Garnett Regional Detention Assessment Area, as set forth in Section 18-
601 of the Owasso Code of Ordinances, shall be $0.706 per square foot or $30,737 per
acre.
ADOPTED this 15th day of November, 2011.
Doug Bonebrake, Mayor
City of Owasso, Oklahoma
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
I
E�
H
H
x
w
OT City Wif lout Lirnits.
TO: The Honorable Mayor and City Council
City of Owasso
The Honorable Chair and Trustees
Owasso Public Works Authority
FROM: Sherry Bishop
Assistant City Manager, Administrative Services
SUBJECT: OWRB Loan - Santa Fe Pump Station Project
City Resolution No. 2011-11
OPWA Resolution No. 2011-03
DATE: November 11, 2011
BACKGROUND:
The OPWA Trustees approved the Santa Fe Pump Station and Force Main Improvement project
and approved an agreement for engineering services on February 16, 2010. On September 20,
2010, the Trustees authorized a loan application with the Oklahoma Water Resources Board
(OWRB) for financing the project.
The OWRB operates the State Revolving Fund (SRF) loan program and the Financial Assistance
Program (FAP). These programs provide low interest financing for eligible water, wastewater
and stormwater projects. The OPWA application has been approved by the OWRB for up to
$3,540,000 for financing for this project.
The OWRB staff has completed the final review of project bids and other documentation. A final
budget amount of $3,115,000 and an interest rate of 2.61 % for the loan have been approved by
the OWRB. All documents relating to this financing have been prepared by Allan Brooks who
serves as bond counsel for the City and the OPWA and those documents have been reviewed
by City Attorney, Julie Lombardi.
PROPOSED ACTION:
Financing for this project requires action by both the City Council and the OPWA Trustees. The
loan must be approved by the OPWA Trustees and any indebtedness incurred by the OPWA
requires City Council approval.
OPWA Resolution No. 2011-03 authorizes a Clean Water SRF loan from the OWRB in the amount
of $3,115,000 with an interest rate of 2.61% and approves the issuance of a Series 2011 Clean
Water SRF promissory note to the OWRB. The resolution also affirms the existing security
agreements, covenants, lease and sales tax pledge; approves and authorizes payment of fees
and expenses; and authorizes the Chairman and Secretary to execute documents and to take
further action as required to complete the transaction.
City Resolution No. 2011-11 approves action taken by the OPWA authorizing issuance of the
Series 2011 Clean Water SRF promissory note to the OWRB. The resolution also ratifies and
confirms existing agreements between the City and the OPWA and authorizes execution of
documents.
RECOMMENDATION:
Staff recommends City Council approval of Resolution No, 2011-11 approving action taken by
the OPWA authorizing issuance, sale and delivery of its Series 2011 Clean Water SRF Promissory
Note to the OWRB, authorizing execution of documents and containing other provisions related
thereto.
Staff recommends OPWA Trustee approval of Resolution No. 2011-03 authorizing a Clean Water
SRF loan from the OWRB in the principal amount of $3,115,000; approving the issuance of a Series
2011 Clean Water SRF Promissory Note to the OWRB in the principal amount of $3,115,000;
authorizing execution of all documents; and containing other provisions relating thereto.
ATTACHMENTS:
City Resolution No. 201 1-11
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2011 -11
A RESOLUTION APPROVING ACTION TAKEN BY THE OWASSO PUBLIC WORKS
AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF ITS SERIES 2011 CLEAN
WATER SRF PROMISSORY NOTE TO OKLAHOMA WATER RESOURCES BOARD; RATIFYING
AND CONFIRMING A LEASE WHEREBY THE CITY OF OWASSO LEASED TO THE OWASSO
PUBLIC WORKS AUTHORITY ITS WATER, SANITARY SEWER, AND GARBAGE AND TRASH
COLLECTION SYSTEMS AND THE BAILEY RANCH GOLF CLUB; RATIFYING AND
CONFIRMING A SUBORDINATE LIEN SALES TAX AGREEMENT; AND CONTAINING OTHER
PROVISIONS RELATED THERETO.
WHEREAS, The Owasso Public Works Authority (the "Authority") did, by its Resolution
adopted November 15, 2011, authorize the issuance, sale and delivery of its Series 2011 Clean
Water SRF Promissory Note to Oklahoma Water Resources Board; and
WHEREAS, the City Council hereby determines that the actions taken by the Authority
should be authorized and approved; and
WHEREAS, the City hereby determines that such other action necessary or attendant to
accomplishment of the referenced financing should be considered by the City Council of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA:
Section 1. Issuance of Note. That the issuance, sale and delivery of The Owasso Public
Works Authority, Tulsa County, Oklahoma, Series 2011 Clean Water SRF Promissory Note to
Oklahoma Water Resources Board in a principal amount of $3,115,000.00 (the "2011 Note"), all as
approved by said Authority on November 15, 2011, be and hereby is authorized, approved and
ratified.
Section 2. Approval. That all actions heretofore taken by the Authority in connection with
the issuance, sale and delivery of the 2011 Note and all other aspects of the transaction be and
are hereby authorized, approved and ratified.
Section 3. Lease. The Lease dated July 31, 1973, as amended by the Amendment to Lease
dated as of July 1, 1996, both by and between the City the Authority (the "Lease"), whereby the
City leased to the Borrower its water, sanitary sewer, and garbage and trash collection systems
and the Bailey Ranch Golf Club is hereby ratified and confirmed and the term of said Lease shall
extend until the 2011 Note is paid.
Section 4. Subordinate Lien Sales Tax Agreement. The Subordinate Lien Sales Tax
Agreement, dated September 1, 2007, by and between the Authority and the City and pertaining
to the year-to-year pledge of the certain sales tax revenue derived from the levy of a two percent
(2%) sales tax is hereby ratified and confirmed.
Section 5. Necessary Action. That the Mayor or Vice Mayor and City Clerk or Assistant City
Clerk be and hereby are authorized and empowered to execute and deliver for and on behalf of
the City any and all other documents or instruments reasonably necessary to accomplish the
issuance, sale and delivery of the 2011 Note and all other aspects of the transaction.
[Remainder of Page Left Blank Intentionally]
PASSED AND APPROVED THIS 15TH DAY OF NOVEMBER, 2011.
ATTEST:
0
Sherry Bishop, City Clerk
(SEAL)
By
CITY OF OWASSO, OKLAHOMA
Doug Bonebrake, Mayor