HomeMy WebLinkAbout2002.07.09_Worksession Agenda
3. Discussion Relating to a Request for City Council Approval of a Supplemental (CmTY
Over) Appropriation to the General Fund's FY 2002-2003 Budget (Transfers Out), Such
Canoy-Over Appropriation from the FY 2001-2002 General Fund's Economic Development
Budget.
Mr Ray
See Attachment #2
2. Discussion Relating to a Request for City Council Approval of a Transfer of $25,000 from
the General Fund to the OEDA Fund, Such Transfer for the Purpose of Funding an
Agreement for Economic Development Services Between the Owasso Economic
Development Authority and the Cities of Jenks, Bixby, and Sand Springs and the Rogers
County Industrial Authority, and the Metropolitan Tulsa Chamber of Commerce.
Mr Ray
Attachment #2
1. Call to Order
Mayor Brogdon
AGENDA
at p.m. on
bulletin
on
Special
July 9,2002
6:00 p.m.
Owasso City Hall
Main Conference Room
TYPE OF MEETING:
DATE:
TIME:
PLACE:
PUBLIC NOTICE OF THE MEETING OF THE
OW ASSO CITY COUNCIL
7. Report from City Manager
Mr Ray
6. Discussion Relating to Parks & Community Development Issues.
A. Preston Lakes Park Agreement
B. Surplus Mowing Equipment
C. Zoning Code Text Amendment
D. Review of Planning Items
Mr Rooney
Attachment #6
5. Discussion Relating to Public Warks Issues.
A. Engineering Service Agreement for Phase I Water System Improvements
B. Engineering Service Agreement for Intersection & Roadway Improvements
C. En~ineering Service Agreement for Expansion of Water Master Plan
D. 86t & Mingo Right-of-Way Acquisition Agreement with ODOT
E. Status Report Relating to Refuse Vehic1e Bids
Mr Can
Attachment #5
Discussion Relating to EMS Software.
Chief Allen
Attachment #4
Owasso City Council
July 9,2002
Page 2
8. Adjoumment
Owasso City Council
July 9,2002
Page 3
Working together, the consortium members would select an economic development specialist to
serve the group. That person would serve under the direction of Mr Mickey Thompson, the
Tulsa Chamber's Economic Development Manager, but would focus on the priorities of the
Under the proposed concept, the cities, the Tulsa Chamber and PSO would join forces to develop
a "consortium" for economic development. PSO and the five cities would each contribute
$25,000 in cash to fund the operations of the consortium, while the Tulsa Chamber would
provide a minimum of $25,000 in matching services, such as space, equipment and supervision.
THE CONCEPT:
Several meetings were held and, eventually, the initial concept ev'olved into what all parties
agreed was a workable framework for a regional economic development effort.
For the past several months members of the staff have been involved in discussions with
representatives from the cities of Jenks, Bixby and Sand Springs, the Rogers County Industrial
Authority, PSO, and the Metropolitan Tulsa Chamber of Commerce. The focus of those
discussions was economic development, specifically the creation of a consortium that could
"pool" resources for a regional economic development effort. The initial concept was proposed
by Mr Jim Summerlin, Executive Director of the Rogers County Industrial Authority, and
Ms Janet Smith, an economic development professional with PSO. Their proposal included the
pooling of cash from the five communities and PSO, as well as a match in the form of services
from the Tulsa Chamber. Additionally, the concept included the employment of an economic
development specialist, working under the direction of the Tulsa Chamber, but whose focus
would be to create a regional marketing plan and them implement that plan.
BACKGROUND:
July 2002
&
THE HONORABLE
CITY
MEMORANDUM
The City of Bixby, the Rogers County Industrial Authority, the City of Jenks, and PSO have all
approved the attached agreement. The City of Sand Springs has not yet approved the agreement.
ACTIONS BY OTHER CONSORTIUM MEMBERS:
The OEDA has discussed this issue on two occasions and has met with representatives of the
Tulsa Chamber of Commerce for the purpose of reviewing the concept and to ask questions
relating to the operation of the program. One June 20, 2002, the Chairman of the Board of the
Metro Tulsa Chamber, Mr Jim Dunn (President of Mill Creek Lumber), the Chairman of the
Tulsa Chamber's Economic Development Committee, Mr Tom Maxwell (President of Flintco
Construction Co), and Mr Mickey Thompson, the Tulsa Chamber's Economic Development
Manager, met with the OEDA for an in-depth discussion of the Chamber's role in the consOltium
and concerns the Trustees had of the program. Subsequently, the OEDA Trustees voted
unanimously to join the consortium and support a regional approach to economic development.
That vote was contingent upon the transfer of funds from the City of Owasso for such purpose.
OEDA REVIEW AND ACTION:
The goal of the consortium is to promote the economic development of the consortium members
and the Tulsa metropolitan area. The consortium objectives include the development of a
regional data base available to the group, the development of marketing information for
distribution to the members and prospects, acting as a contact point for potential prospects and
providing assistance to the individual consOltium members in the development of economic
programs.
THE GOAL:
The consortium has developed a philosophy similar to another joint~effort consortium of area
cities. That philosophy is one that has the Legislative Consortium simply
~uires that members. must agree on general operation methods and
single member may y_eto any policy or project simply by voting no. It should noted that, while
such a veto power is an impOltant ingredient, past indicates that it is more often
as an incentive for building consensus and resolving differences between the various members.
consortium, not projects for the Tulsa Chamber. Toward that goal, the consortium will meet on a
monthly basis to ensure the direction of the program is productive and acceptable.
FUND TRANSFER
JULY 3, 2002
PAGE 2
1. Agreement for Services
2. Executed Signature Pages from Other Cities
A TT ACHMENT:
The OEDA Trustees and the staff recommend City Council approval of 1) a supplemental carry-
over appropriation in the amount of $25,000 to the FY 2002-2003 General Fund Budget
(Transfers Out); and 2) a transfer of $25,000 from the General Fund's FY 2002-2003 budget to
the OEDA Fund.
RECOMMENDAION:
NOTE: It should be noted that the FY 2001-2002 budget contained a $35,000 appropriation to
the General Fund's Economic Development Department in line item #01-710-53682,
"OEDA Work Program". That appropriation was not used. A $25,000 carry-over
appropriation would leave an unused amount of $10,000 in that expired budget. Such
an action would also allow the current appropriation of $35,000 to remain intact should
a critical economic development need arise dming the next year.
2. Part two of this request is for Council approval of a request for a "carry-over" appropriation
of $25,000 from the FY 2001-2002 budget to the FY 2002-2003 budget, such appropriation
to the General Fund's "Transfers Out" to the OEDA.
L one of
to the
Development
transfer
This request is two-fold:
:THE R~UEST:
FUND TRANSFER
JULY 3, 2002
PAGE 3
4. Any party may withdraw from this Agreement upon six months notice. The
Chamber reserves the right to terminate this Agreement completely if any other party exercises
its right to withdraw upon the aforesaid notice.
3. The parties understand that certain grants and donations from public and private
organizations and businesses in support of this Agreement may be received from time to time
from entities whose objects are not in conflict with the purposes and legal requirements of the
Chamber and the other parties to this Agreement.
2. The Chamber will provide in-kind services equal to or greater than $25,000 in
value annually, including but not limited to office space, secretarial assistance, ordinary travel,
management supervision, and other ordinary expenses in SUPPOlt of the dedicated professional
position.
1. Each of the parties (other than the Chamber) agree to pay the Chamber a fee of
$25,000 annually, to be paid the first six months in advance and then quarterly upon billing to
such parties. Fees in excess of the base fee shall not be assessed without the prior written
authorization for additional services by the party requesting such services. Any additional
staffing or SUPPOlt requirements beyond the base level shall be assessed on a per capita basis as
may be approved by the other parties and the parent entity of each such party.
NOW, THEREFORE, the parties agree as follows:
WHEREAS, the parties agree that it is in their mutual interest for the Chamber to employ
a full-time professional economic development staff member acceptable to the parties to this
Agreement to provide services to the parties focusing on industrial and office building economic
development;
WHEREAS, the Chamber is able to provide professional economic development services
and written data relating to a variety of economic development matters beneficial to the other
parties to this Agreement; and
WHEREAS, the Chamber is frequently contacted by existing and prospective businesses
with and for economic development information;
WHERl-';AS, among other things the Chamber coordinates and promotes business
activities in the greater Tulsa area;
This Agreement is entered into by and among the City of Bixby ("Bixby"), the Jenks
Public Works Authority ("JPW A"), the Owasso Economic Development Authority ("OEDA"),
the Rogers County Industrial Development Authority ("RCIDA"), and the Sand Springs
Economic Development Authority ("SSEDA") and the Metropolitan TUlsa Chamber of
Commerce, Inc. ("Chamber").
AGREEMENT FOR ECONOMIC DEVELOPMENT SERVICES
3
Chair
METROPOLITAN TULSA CHAMBER OF
COMMERCE, INC.
Chair
Chair
ROGERS COUNTY INDUSTRIAL
DEVELOPMENT AUTHORITY
Secretary
ATTEST:
Secretary
ATTEST:
Secretary
---~-~___~~_~~~__~N~_~_~~_~~_~
ATTEST:
2
Secretary
, Chair
By:
ATTEST:
DEVELOPMENT
OW ASSO ECONOMIC
AUTHORITY
,~e
Secretary
By:
,--~_....~.
r '..
(:~{J)~f)OC~r'\tUJ\;\t \
City Clerk
ATTEST:
upon the signature
and
Agreement shall be in full
indicated below,
6. The other parties recognize that the Chamber personnel shall from time to time be
providing services to one or more but less than all of the other parties so that the benefits of this
Agreement may not be equal during a any given period oftime. It is the aspiration of the parties
that over time the benefits will be generally proportional, although there is no guarantee of such
result.
5. Accompanying the invoice for services each qumier shall be a repOli summarizing
the Chamber activities on behalf of the party receiving such report.
Currently the Owasso Fire Department uses the traditional system of pen and paper to
document all patient contact and care. These paper care repOlis have to be handled by
several persons and agencies before being stored. All patient care reports must be kept for
a minimum ofthree years. Each patient care report contains five sheets of paperwork
attached together. This requires the Owasso Fire Department to store over 9,000 pieces of
paper each year and maintain an inventory of over 27,000 pieces of paper.
Other EMS providers were contacted in order to find out what systems were being used.
It was discovered that the Emergency Medical Services Authority (EMSA) of Tulsa was
in the process of field-testing a system from a company called Medusa, Inc. The Medusa
software/hardware package is called "Siren."
1. System must be portable, rugged, and dependable.
2. System should be Windows based.
3. Information must meet HCFA standards.
4. Information must be securable and protected.
5. "Hard-copy" must be left at the receiving facility.
6. System must have report generating capabilities.
7. Data entry must be fast, easy, and accurate.
The EMS Technologies Committee was given the action plan to find the most effective
electronic patient care documentation system to fit the Owasso Fire Department's needs.
All users were surveyed in order to discover what was most important to them with this
type oftechnology. The information from this survey was then compiled by the
committee and used as a guide in it's effOlis. The following guides were developed:
An item of discussion during the 2001 Fire Department Retreat was the use of mobile
computing technology to perform patient care documentation. Out of the discussion the
EMS Technologies Committee was formed.
BACKGROUND
FIRE CHIEF ALLEN
OW ASSO CITY COUNCIL
TO:
MEMORANDUM
1. Insure more accurate patient care documentation by using an established
format on all reports.
2. Provides a safe and securable means for storing confidential reports.
3. Eliminates the need for storing over 9,000 pieces of paper each year.
4. Increase returns from insurance billings due to improved patient care
documentation.
5. Provide real-time quality assurance capabilities by supervisors and medical
control physician via Internet.
6. All reports required by OSDH and Medic1aims sent electronically.
7. Provides reports and statistics that would require hundreds of man-hours to
compile manually.
8. Integrates with existing police CAD system. Allows for consistent time
logging.
9. Exportable files can be sent to other programs for accurate inventory control
and drug counts. Example: supplies use sent to Microsoft Access database
program.
10. Provides pre-arrival information to medical crews en route to emergency.
Allows field crew to query database for past medical records or medical alerts.
11. Imports data from cardiac monitor for storage with patient records.
12. Provides medic with medication dosages and protocols at their fingertips.
The EMS Technologies program was submitted for budgetary review and in the FY03
budget funding was made available to implement the program. It is planned that this
project will be implemented in phases as funding allows. It is recommended that the City
of Owasso use the Medusa/Siren system and partner with EMSA for the use of their
docking stations, printers, and network. The Medusa/Siren system offers the following
benefits to the fire department:
RECOMMENDATION
On Feb11lary li\ 2002 Teresa Wilson and myself met with Mr. Steve Williamson,
Director of EMSA regarding the Medusa/Siren system. As of that date EMSA is
installing a total of 78 mobile computers in their Oklahoma ambulances. EMSA has
installed a server dedicated to the Medusa/Siren system along with docking stations
printers in all the Tulsa area hospitals. Furthermore Mr. Williamson has offered to
the Department to use EMSA's server, printers, and docking stations
charge if we choose to use the Medusa/siren provide the city
Owasso with a substantial cost savings.
This process of handling patient care reports is time consuming and involved. Three
copies of the patient care report must be made; one to be left at the hospital or receiving
facility, one for medical review, and the final sent to the Oklahoma State Department of
Health. The total process can take as many as nine steps to complete.
1. Inter-local agreement with EMSA for use of server and equipment.
Purchase hardware and install vehicle mounts and desk docking station.
3. Order and install digital Internet service.
4. Establish billing link with Mediclaims.
5. Design and build report writing process for quality assurance.
Train all supervisors (Chief, EMS Manager, Medical
7. Train all field users (Paramedics,
8. Troubleshoot system
9. run
10. to "live."
11. Evaluation and quality improvement.
1 Review.
)
'J
Implementation of the program would include the following steps:
1. Agreement contract document
2. Attachment A - Scope of project
3. Attachment B - Services to be perfo1111ed by the engineer
4. Attachment C - Responsibilities of the City or Owasso
5. Attachment D - Price of engineer's services amounting to a total
compensation in the amount of $38,022.00
6. Attachment F - Schedule of project products
Staff initiated dialog with MWH Americas, Inc. (formerly Montgomery Watson) on the
proposed modification to the Water Master Plan. Since this company developed the
original plan and water system model compatible with city software, it was considered to
the city's best interest considering both time and cost. The attached Agreement for
Engineering Services includes the following:
AGREEMENT:
In February 2001, Trustees approved Resolution No. 2001-03 adopting the 2001 Water
Master Plan (produced by Montgomery- Watson) as a statement of policy for the
extension, expansion and development of the City of Owasso municipal water system.
Subsequently, preliminary discussions have ensued on the possibility of forming a
regional water supply consortium involving the city and other adjoining water supply
agencies. As a first step in this direction, staff proposes to modify the original master
plan to incorporate such system changes that would be necessalY for integrating an
additional water source to be located north ofthe city. The need exists to model future
system development out to Year 2020 compatible with the new source, develop probable
costs and develop a revised Capital Improvements Plan commensurate with the study
results.
BACKGROUNn~
July 9, 2002
I(
HONORABLE CHAIR AND TRUSTEES
PUBLIC WORKS
MEMORANDUM
ATTACHMENTS:
1, Agreement for Engineering
RECOMMENDATION:
Staffrecommends Trustee approval of the Agreement for Services for expansion ofthe
Water Master Plan, authorization for total payment under the agreement in the amount of
$38,022.00 and authorization for the Chairman to execute the agreement.
5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment
B, SCOPE OF SERVICES, in accordance with the schedule set forth in
Attachment F. which is attached hereto and incorporated by reference as part of
this AGREEMENT.
4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment
D, COMPENSATION, Attachment E, FEE/MAN~HOUR BREAKDOWN, and
further described in Attachment F, SCHEDULING which are attached hereto and
incorporated by reference as part of this AGREEMENT.
3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters
described in Attachment C, RESPONSIBILITIES OF THE CITY, which is
attached hereto and incorporated by reference as part of this AGREEMENT.
SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the
SERVICES described in Attachment B, SCOPE OF SERVICES, which is
attached hereto and incorporated by reference as part of this AGREEMENT.
1. SCOPE OF PROJECT. The scope of this PROJECT is described in Attachment
A, SCOPE OF PROJECT. which is attached hereto and incorporated by
reference as part of this AGREEMENT.
NOW THEREFORE, in consideration of the promises contained herein, the parties
hereto agree as follows:
WHEREAS, funding is available for the
WHEREAS, ENGINEER is prepared to provide such
WHEREAS, CITY requires certain professional services in connection with the
PROJECT, hereinafter referred to as the SERVICES; and,
WHEREAS, CITY an update for the water plan, hereinafter referred to as
the PROJECT, for the orderly development, expansion, and upgrading the water
system infrastructure; and,
day of
Oklahoma, hereinafter
as ENGIN
and entered into this
Pubiic Works Authority,
MWH
AGREEMENT
FOR
ENGINEERING SERVICES
2
9.2. ENGINEER shall not be liable to CITY for any special, indirect or
consequential damages, such as, but not limited to, loss of revenue, or
loss of anticipated profits.
9. LIABILITY AND INDEMNIFICATION
9.1. ENGINEER shall defend and indemnify CITY from and against legal
liability for damages arising out of the performance of the SERVICES for
CITY including but not limited to any claims, costs, attorney fees, or other
expenses of whatever nature where such liability is caused by the
negligent act, error, or omission of ENGINEER or any person or
organization for whom ENGINEER is legally liable. Nothing in this
paragraph shall make the ENGINEER liable for any damages caused by
the CITY or any other Contractor of the CITY.
Since ENGINEER has no control over the resources provided by others
to meet construction contract schedules, ENGINEER'S forecast
schedules shall be made on the basis of qualification and experience as a
Professional Engineer.
8. OPINIONS OF COST AND SCHEDULE.
8.1. Since ENGINEER has no control over the cost of labor, materials,
equipment, or services furnished by others, or over contractors',
subcontractors', or vendors' methods of determining prices, or over
competitive bidding or market conditions, ENGINEER'S cost estimates
shall be made on the basis of qualification and experience as a
Professional Engineer.
7. LIMITATION OF RESPONSIBILITY.
1 ENGINEER shall not be responsible for construction means, methods,
techniques, sequences, procedures, or safety precautions and programs
in connection with the PROJECT.
6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES
undertaken in a manner consistent with the prevailing accepted standard for
similar services with respect to projects of comparable function and complexity
and with the applicable laws and regulations published and in effect at the time of
performance of the SERVICES. The PROJECT shall be designed and
engineered in a good and workmanlike manner and in strict accordance with this
AGREEMENT. All engineering work shall be performed by or under the
supervision of Professional Engineers licensed in the State of Oklahoma, and
properly qualified to perform such engineering services, which qualification shall
subject to review by Other than the obligation ENGINEER
in with the foregoing , no either
or implied, shall apply the performed by the
this or work product.
~
-'
11.2 ENGINEER shall furnish CITY certificates of insurance which shall
include a provision that such insurance shall not be canceled without at
least 30 days written notice to the CITY.
11.1.4. Errors and Omissions Insurance to remain in effect during the
PROJECT and the term of any legal liability. Errors and
Omissions coverage to be for a minimum of $500,000, deductibles
subject to approval.
11.1.3. Workers Compensation Insurance in accordance with statutory
requirements and Employers' Liability Insurance with limits of not
less than $100,000 for each occurrence.
11.1.2. Automobile Liability Insurance with bodily injury limits of not less
than $1,000,000 for each person and not less than $1,000,000 for
each accident and with property damage limits of not less than
$100,000 for each accident.
11.1.1. General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in
the aggregate, and with property damage limits of not less than
$100,000 for each occurrence and not less than $100,000 in the
aggregate.
11. INSURANCE
11.1. During the performance of the SERVICES under this AGREEMENT,
ENGINEER shall maintain the following insurance:
1u.L. lhe ENGI shall take me actions to ensure facilities
are in compliance with the requirements of the Americans With
Disabilities Act. It is understood that the program the ENGINEER is
not a program or activity of the OWASSO PUBliC WORKS AUTHORITY.
The ENGINEER agrees that its program or activity will comply with the
requirements of the Americans With Disabilities Act. Any costs of such
compliance will be the responsibility of the ENGINEER. Under no
circumstances will ENGINEER conduct any activity which it deems to not
be in compliance with the Americans With Disabilities Act.
10. COMPLIANCE WITH LAWS.
10.1, In performance of the SERVICES, ENGINEER shall comply with
applicable regulatory requirements including federal, state and local laws,
rules regulations, orders, codes and standards. ENGINEER shall procure
the permits, certificates and licenses necessary to allow ENGINEER to
perform the SERVICES. ENGINEER shall not be responsible for
procuring permits, certificates and licenses required for any construction
unless such responsibilities are specifically assigned to ENGINEER in
Attachment - ..._..
4
15. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be
considered to be in default of this AGREEMENT if delays in or failure of
performance shall be due to forces which are beyond the control of the parties;
including, but not limited to: fire, flood, earthquakes, storms, lightning,
14.2. Nothing contained in this Article shall be construed to restrict the
transmission of routine communications between representatives of
ENGINEER and CITY.
OWASSO PUBLIC WORKS AUTHORITY
P.O. Box 180
Owasso, Oklahoma 74055
Attention: F. Robert Carr, Jr.
To CITY:
MWH Americas Inc.
7557 Rambler Road, Suite 1050
Dallas, Texas 75231
Attention: Darryl Corbin, P.E.
To ENGINEER:
14. NOTICE.
14.1. Any notice, demand, or request required by or made pursuant to this
AGREEMENT shall be deemed properly made if personally delivered in
writing or deposited in the United States mail, postage prepaid, to the
address specified below.
1 shall have the right to terminate this AGREEMENT, or suspend
performance thereof, for CITY'S convenience upon written notice to
ENGINEER; and ENGINEER shall terminate or suspend performance of
SERVICES on a schedule acceptable to CITY. In the event of
termination or suspension for CITY'S convenience, CITY shall pay
ENGINEER for all SERVICES performed in accordance with provisions of
Attachment D, COMPENSATION. Upon restart of a suspended project,
payment shall be made to ENGINEER in accordance with Attachment D,
COMPENSATION.
13. JEI3MtNATION OFAGREEMENT.
13.1. The obligation to continue under this AGREEMENT may
terminated by either party upon fifteen written notice in the
substantial failure by other par1y in with
terms hereof through no fault the terminating
1 CITY'S reuse of such documents without written verification or adaptation
by ENGINEER for the specific purpose intended shall be at risk.
12. OWNERSHIP AND REUSE OF DOCUMENTS.
12.1. All documents, including original drawings, estimates, specifications, field
notes and data shall become and remain the property of the CITY.
5
21. KEY PERSONNEL. ENGINEER has designated Darryl Corbin, P.E., as Project
Manager in the performance of the SERVICES hereunder. ENGINEER agrees
that no change will be made in the assignment of these positions without prior
approval of CITY.
20. APPROVAL. It is understood and agreed that all work performed under this
AGREEMENT shall be subject to inspection and approval by the Public Works
Department of the City of Owasso, and any plans or specifications not meeting
the terms set forth in this AGREEMENT will be replaced or corrected at the sole
expense of the ENGINEER. The ENGINEER will meet with the City staff initially
and monthly thereafter and will be available for public meetings and/or City of
Owasso presentations.
19. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant
to this AGREEMENT, provided that nothing contained in this paragraph shall
prevent ENGINEER from employing such independent consultants, associates,
and subcontractors as ENGINEER may deem appropriate to assist ENGINEER
in the performance of the SERVICES hereunder.
"18. cDISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the
ENGINEER and the CITY over the interpretation or application of the terms of
this AGREEMENT, the matter shall be referred to the City's Director of Public
Works for resolution. If the Director of Public Works is unable to resolve the
dispute, the matter may, in the Director's discretion, be referred to the City
Manager for resolution. Regardless of these procedures, neither party shall be
precluded from exercising any rights, privileges or opportunities permitted by law
to resolve any dispute.
17. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments
A, 8, C, 0, E and F and represents the entire and integrated AGREEMENT
between the parties; and supersedes all prior negotiations, representations, or
agreements pertaining to the SCOPE OF SERVICES herein, either written or
oral. This AGREEMENT may be amended only by a written instrument signed
by each of the Parties.
16. If any portion of this AGREEMENT shall be construed by a
court of competent jurisdiction as unenforceable, such portion shall
herefrom, the in full
epidemic, war, riot, civil disturbance, sabotage; inability to procure permits,
licenses, or authorizations from any state, local, or federal agency or person for
any of the supplies, materials, accesses, or services required to be provided by
either CITY or ENGINEER under this AGREEMENT; strikes, work slowdowns or
other labor disturbances, and judicial restraint.
6
Authority Attorney
APPROVED AS TO FORM:
~WASSO PUBliC WORKS AUTHORITY
APPROVED:
MWH ArnS2rlcas, Inc.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple
copies on the respective dates herein below reflected to be effective on the date
executed by the Chairman of the Owasso Public Works Authority.
7
@ Modeling of future facilities out to the year 2020 and evaluating the adequacy of
future systems for a new water source from the north;
@ Developing an opinion of probable for the future facilities;
@ Prepare a revised
The items to in the development of the revised CIP are:
treatment plant
included as an
Improvements
1. This
additional
Oklahoma.
2001 master plan.
Scope of Project
Attachment A
Agreement
for
Engineering Services
8
All identified improvements will be those that most appropriately satisfy future system
objectives. Identified projects will be phased through the build-out planning period. All
recommendations will be prioritized based on how critical the deficiency is and on the
anticipated timing of future demands.
Sub-Task 1d - Recommend Improvements of Futur:€:LSJa'_tams
The future system fed from the proposed north water treatment plant will be analyzed for
the following: ability to meet the future demands; ability of pipes to pass needed flows
during peak hour conditions during maximum day and fire events; and capacity of
storage tanks for operational, emergency, fire fighting, and replenishment conditions. All
of the analyses will be based on the originally established system criteria for the Water
Master Plan dated February 2001.
Sub-Task 1c - Evaluate Adequacy of Future Sy~
Planned future system improvements will be input into the model and the future system
will be analyzed for the proposed conditions with a new North Water Treatment Plant.
The system will be analyzed under minimum day, maximum day and fire flow conditions.
The system will be modeled for the years 2002, 2010, and 2020.
Sub-Task 1 b - Analysis of Future System FacUmes
The first task in this project is determine the probable location that the new water
source will feed into the Owasso water distribution system. The CITY will determine the
location of the new water source and the hydraulic criteria of the new location. For
example, the minimum delivery pressures for the new water source.
Sub- Task""la- IdSl~Scenarios for Analy~
1: Analysis of Future System Facilities
ENGINEER include, but are not necessarily limited to, the
The Basic Services
following tasks:
The services performed by the ENGINEER under this AGREEMENT will
two as below. Further, it is understood and
beginning, rate time of completion the
are essential of this AGREEMENT; and it is further
that the work in this AGREEMENT shall commence
AGREEMENT and after receipt of a Notice to
Scope of Services
Attachment 8
Agreement
for
Engineering Services
9
A Revised Capital Improvements Plan (CIP) will be compiled and 10 copies submitted to
OPWA staff for review. The Revised CIP will be the results of the modeling performed to
determine the change to the CIP from the Master Plan Report submitted in February
2001 as a result of the new Water Treatment Plant. OPWA staff comments will be
addressed in the final Revised CIP. 25 copies of the revised CIP will be submitted.
Sub-Task - Prepare Revised,Capitallmprov~ntsElan
The recommended improvements will be phased in projects. Projects will be phased
such that economies of scale and of construction will be utilized. The unit costs found in
Sub-Task will be applied to the selected recommended improvements to determine
the anticipated improvement costs. Improvements necessary for the existing system
deficiencies identified in the original Water Master Plan, dated February 2001, will be
included.
Sub-Task 2b -:- Phas~aQitallmQrovemeotsElan
CITY acknowledges that ENGINEER no control over costs of labor, materials,
competitive bidding environments and procedures, unknown field conditions, financial
and/or market conditions or other affecting the cost the construction and the
the facilities, ail which are will unavoidably remain in a
that I cannot and not
warranty, promise, or either or implied, that
project construction operation or maintenance will not
from its cost estimates.
any
bids,
substantially
Opinions of Costs will be developed for the recommended improvements.
~!eLb- TaslS2_El~ Develop Opinion ot Probable Costs
Task 2: Develop Capital Improvements Plan
10
5.0 Review. Examine all studies, reports, sketches, estimates, drawings, and other
documents presented by ENGINEER and render in writing decisions pertaining
thereto with a reasonable time so as not to delay the services of ENGINEER.
4.1 Furnish staff assistance in locating existing CITY owned utilities and in
expediting their relocation as described in Attachment B.
4.0 Staff Assistance. Designate in writing a person to act as its representative in
respect to the work to be performed under this AGREEMENT, and such person
shall have complete authority to transmit instructions, receive information,
interpret and define CITY'S policies and decisions with respect to materials,
equipment, elements and systems pertinent to the services covered by this
AGREEMENT.
3.0 Access. To provide access to public and private property when required in
performance of ENGINEER's services.
Information on Existing System Facilities. To provide detailed information for all
physical facilities (Le. Tanks: bottom elevation, maximum water surface,
diameter, inlet/outlet configuration. Pumps: manufacturer's curves, recent actual
pump test data including head and flow operating point and shut-off head.
Control valves: elevation and setting), and information for operation of all facilities
(Le. Pumps: what triggers operation? time? tank level? flow rate? what are trigger
values?). The CITY will also provide pipe age and material information which will
be incorporated into the model.
Records, reports, studies, plans, drawings, and other data available in the
files of the which may be useful in the work involved under this
AGREEMENT.
1.1
furnish, as required by the
1
E
Responsibilities of the City of Owasso
Attachment C
Agreement
for
Engineering Services
! 1
$1 250.00
$24, 772.00
Task 1: Analysis of Future System Facilities
Task Develop Capital Improvements Plan
projected amount for each phase of work is as follows:
for
a total lump sum shall
upon proportion of the total actually completed
are and payable within 30"~calendar at by
Attachment
invoices
billing.
Compensation
Attachment D
Agreement
for
Engineering Services
13
on ,July 1
is
Scheduling
Attachment F
Agreement
for
Engineering Services
Meeting the final delivery
notice to
the schedule on following
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l:JO-9
Staff recommends Council approval of Resolution No. 2002-0'1, authorizing the Mayor to
execute the Right-Of-Way, Public Utility and Encroachment Agreement between Oklahoma
Department of Transportation and the City of Ow as so for 86th Street North and Mingo Street.
RECOMMENDATIONS:
Funding for this project is available in the 1998 Bond Issue.
FUNDING:
The Agreement outlines all responsibilities of the City and of ODOT with regards to the
rights-of-way acquisition and maintenance before, during, and after constmction. Other
provisions state that the City will regulate traffic and maintain the traffic control signals.
AGREEMENT:
Final construction plans have also been submitted for ODOT review. The original engineer's
constmction cost estimate was $545,578. Additional funding required for relocation of natural
gas and water lines is estimated to be $174,028 thus increasing the total construction estimate
to $719,606. The maximum amount the city may be eligible for under the Local Government
Program is $484,729. The current city budget for this project is $680,964.
July 9, 2002
BACKGROUND:
The 86th Street North and Mingo Street Intersection Improvement project was included in the
1998 Bond issue. The project has been submitted to the Oklahoma Department of
Transportation (ODOT) for future partial reimbursement from federal funds under the Local
Government Program. In order to receive this reimbursement, the city must execute an
ODOT Right-of- Way - Public Utility and Encroachment Agreement (see attached). Once the
city has executed the agreement, ODOT will authorize the city to proceed with acquisition of
rights-of-way.
DATE:
THE HONORABLE MAYOR AND COUNCIL
CITY OF
MEMORANDUM
ATTACHMENTS:
1. Resolution No. 2002.~0?
2. Right-Of-Way, Public Utility and Encroachment Agreement
Ronald D Cates, City Attorney
APPROVED AS TO FORM & LEGALITY:
Marcia Boutwell, City Clerk
ATTEST:
Mayor
APPROVED tills 16th day of July, 2002 by the City Council of the City of Owasso,
Oklahoma at a regularly scheduled meeting, in compliance with the Open Meeting Act.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OW ASSO, OKLAHOMA that the Mayor is hereby authorized and directed to
execute the above.,described agreement on behalf on the City of Owasso, Oklahoma.
it appearing reasonable and necessary for the City of Tulsa
County, Oklahoma to execute a Right-Of"Way, Public Utility and Encroachment AgTeement
in connection with the constmction of a public project known as STP-172B(108)UR, JIP
17760(04) Const., (03) Util., (02)RJW, in accordance with the ternlS and tenor of 69 O.S.
1991, Sections 1205, 1206, 1401 and 1403.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OW ASSO,
OKLAHOMA PROVIDING FOR THE EXECUTION OF RIGHT -OF,
WAY, PUBLIC UTILITY AGREEMENT
86TH STREET
RESOLUTION NO 2002-0'1
CITY OF OW ASSO, OKLAHOMA
(a) Keep all permanent right-of-way shown on said plans free from any
encroachment and take immediate action to effect the removal of any
encroachments upon notification by the Department.
4. That subsequent to the construction of said project, it will:
(c) 8e responsible for repairs or maintenance to any city street, during or
subsequent to construction, which results from additional traffic where
construction is performed under traffic.
(b) 8e responsible during or subsequent to construction, for any maintenance
necessary to the approved detour route over existing city streets, or any
other street as a result of additional traffic.
(a) Determine and locate, with the Department's approval, a detour route over
existing city streets, if a re-routing of traffic or a detour is necessary during
the period of construction.
3. That it will:
(e) Maintain all right of way acquired for the construction of this project, as
shown on said plans, in a manner consistent with applicable codes,
ordinances and regulations.
(d) Comply with the Department's standards for construction of driveway
entrances from private property to the highway, in accordance with the
Department's manual entitled "Policy on Driveway Regulation for Oklahoma
Highways", Rev. 5/96, 69 O.S. (1991) S 1210.
(c) Prohibit parking on that portion of the project within the corporate limits of
the City.
(b) Remove at its own expense, or cause the removal of, all encroachments on
existing streets as shown on said plans, including all signs, buildings,
porches, fences, gasoline pumps and islands, and any other such private
installations.
(a) Grant to the Department and its contractors, the right-of-entry to all streets,
alleys, and other rights-of-way shown on said plans.
2. That prior to the advertising of the project for bids (as to that part of the project lying
within the present corporate limits) it will:
1. To the location of said highway, acknowledges receipt of and adopts the plans for
said project as the official high lighting, sign lighting, grade and drainage plans of
the City for the streets, boulevards, or arterial highway included therein.
NOW, THEREFORE, the parties hereto agree as follows:
WHEREAS, legislative authorization and the rules, regulations, and policies of the
Department provide the basis of cooperation between the parties to effect such highway
improvements.
That the Department proposes construction of Intersection Modifications and Traffic
at the Intersection of E. 861h street and Mingo Road.
WHEREAS, it is mutually agreed between the parties that certain improvements should be
made to the highway now as follows:
Witnesseth:
This Agreement, entered into between the City of Owasso, Tulsa County, Oklahoma,
hereinafter called the City and the Department of Transportation of the State of Oklahoma,
hereinafter called the Department, in connection with the location and improvement of a portion of
the City Street System within the corporate limits of the City, now designated as E. 861h street and
Mingo Road under plans and specifications for STP-172B(1 08)UR ,Job No. JIP 17760(04) Canst.
(03) Uti!., (02) R/W,
RIGHT-OF-WAY, PUBLIC UTILITY
AND ENCROACHMENT AGREEMENT
CHIEF, LEGAL DIVISION (ODOT)
DIRECTOR
STATE OF OKLAHOMA
DEPARTMENT OF TRANSPORTATION
REVIEWED AND APPROVED AS TO
FORM AND LEGALITY
MAYOR
CITY CLERK
CITY OF OWASSO
ATTEST:
IN WITNESS WHEREOF, we have hereunto set our hands and seals, the City on the
_ day , 20_, and the State on the _ day , 20_.
IN CONSIDERATION of the grants and covenants by the City herein contained and the faithful
performance thereof by the City, the Department agrees to construct said project in accordance
with said plans and specifications; provided that the right to make such changes in the plans and
specifications as are necessary for the proper construction of said project is reserved to the
Department.
(c) That as a condition to receiving any Federal Financial Assistance from the
Department of Transportation, it will comply with Title VI of the Civil Rights
Act of 1964, 78 Stat. 252.42 U.S.C. 2000d-35 seq., and all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
"Nondiscrimination of federally-assisted Program of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964".
(b) Comply with the provisions of 42 U.S.C.A. S 4601-4655 and 23 U.S.C.A. S
323 (as amended) in the acquisition of all necessary right-of-way.
(a) Transmit copies of the instruments to the Depaliment prior to the
advertisement of bids for construction.
7. To acquire all right-of-way, if any, be responsible for t11e total costs for removing
and relocating outdoor advertising signs and forthe relocation assistance payments
to persons displaced by reason of the acquisition of right-of-way and be responsible
for the removal or relocation of all utility lines on public or private rights-of-way to
accommodate the construction of this project.
6. That it will, by resolution, duly authorize the execution of this Agreement by the
proper officials, and attach of such resolution to this Agreement.
5. That all covenants of this Agreement shall apply to any area hereinafter annexed
to the City which lies within the limits of this project.
(d) Maintain all that part of said project within the corporate limits of H16 City.
(c) Regulate and control traffic on said project, including but not limited to, the
speed of vehicles, parking, stopping, and turns, in accordance with 47 OS
1991, 15-104, et seq. and to make no changes in the provisions thereof
without the approval of the Department.
(b) Erect, maintain, and operate traffic control signals, including speed limit and
traffic control signs, only in accordance with 47 OS 1991, Section 15-104,
15-105 and 15-106, and subject to the approval, direction and control of the
Department.
JOO I\lO..lffOU\U"I)
Page: 2
$ 273,500.00
TOTAL
SCHEDULED PARK IMPROVEMENTS:
The following are the scheduled improvements to occur at Preston Lakes Centennial Park, along with
the negotiated costs of those improvements:
@l Asphalt walk trail- T wide by 3" thick (approx 3 miles in length)
@l Dirt work and Grading
@l Signage
@l Play park equipment (4 play areas)
@ Landscape Timbers and wood chips for play park
@ Lighting (Provided by PSO)
@ Seed
@l Walk BIidges (2)
@l Parking Lot
@l Fence and Entry
@ Gazebo
@ General Overhead! Admin. of construction (Owasso Land Trust)
@ Land Cost for 58+ acres (Donated by Preston Lakes, L.L.C.)
$ 100,800.00
$ 8,700.00
$ 3,000.00
$ 50,000.00
$ 8,000.00
FREE
$ 20,000.00
$ 22,000.00
$ 34,000.00
$ 12,000.00
$ 15,000.00
FREE
FREE
LOCATION:
The proposed Preston Lakes Centennial Park is located Yz mile east of E. 86th Street North and N. 145th
East Avenue and contains 58 acres, more or less. The area contained within the proposed park consists
of a drainage area that drains north to south with several improved pond areas for storm water
detention.
BACKGROUND:
Over the last eighteen months, the City of Owasso has been in negotiations with Preston Lakes, LLL In
order to allow for the donation of 58+ acres of land area to the City of Owasso for use as a regional
park. The agreement would not only allow for the donation of land, but it would also allow for the city
to purchase improvements made to the park area by the developers, establish a schedule for the
repayment of the improvements, as well as provide a funding source for a large portion of the
improvements.
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OW ASSO
MEMORANDUM
ADDITIONAL COMMENTS:
The proposal, if approved by the City Council, would provide Owasso residents with a new regional
park with the longest walking trails outside of the River Parks park system. The following items
would also be addressed:
@ Two issues incorporated into the 2010 Land Use Master Plan would be addressed. (1) The lack
of passive recreational parks for activities like nature studies, walking, picnicking, fishing, and
relaxing rather than active parks for organized team sports; and (2) Lack of greenway areas
PA YMENT SCHEDULE:
The proposed agreement between the City of Owasso and Preston Lakes, LLC establishes the total cost
of all improvements at $273,500. The city would pay the $273,500 over a two-year period, with
$150,000 being paid to the developers upon completion of the improvements and the remaining
$123,500 would be paid one year from the original payment.
All fees collected through the assessment of the Park Development Fees are deposited in the Park
Development Fund. The Park Development Fund has a fund balance of $330,000 (projected).
Through the developers allowing the City of Owasso to continue to assess the Park Development Fee,
a total of $127,700 from the Preston Lakes Addition building permits can be collected toward the
payment of the improvements, and this does not include any park development fee revenue generated
by other newly platted additions in the city.
FUNDING SOURCE:
The agreement allows for the City of Owasso to continue assessing the Park Development Fee on all
building permits in the Preston Lakes additions. Typically, when a residential development occurs,
there are two avenues a developer can take. The first would be the donation of land for the city
development of a park. The other alternative would be for the developer to not donate any land, at
which point the city assesses a Park Development Fee on every building permit. This fee is $75 per
dwelling, plus an additional $25 per bedroom in that dwelling.
Changes that have been incorporated into the proposed schedule of improvements based upon
concerns expressed by both staff and the City Council include the following:
@ The asphalt walking trail, after discussion held the last time it was presented, has been widened
from 5 feet to 7 feet. Several Council members had concerns regarding the width of the trail
and whether or not it would be in the best interest of the City to go along with a 5 foot wide
walking trail with plans to widen it later.
@ The Council had requested a more detailed site plan that would provide the locations of the
playground areas as well as all parking areas, both upon opening and in the future.
site plan indicates all these areas, both at the dedication
@ Woods Chips have substituted the play safety fall zone areas. falls
line with our policy to utilize wood chips rather than gravel around playground equipment.
Parks staff finds wood chips to be a safer alternative than gravel due to choking and throwing
hazards.
@ The Sellers Cost of Capital to permit a 6 year payout has also been eliminated. Originally, this
was proposed by Preston Lakes, LLC at $41,537. It is now zero, with a 2 year payout.
ATTACHMENTS:
1. Proposed Preston Lakes Centennial Park Agreement
2. Legal Description of Park Area
RECOMMENDA TION:
Staff recommends Council approval of the Preston Lakes Centennial Park Agreement, allowing for the
donation of 58 acres, more or less, for public park use. Additionally, the agreement defines scheduled
improvements and a payment schedule for those improvements.
A copy of the proposed Centennial Park Preston Lakes Agreement is attached for your information and
review. A large copy of the site plan will be available Tuesday evening which shows the locations of
all improvements, as well as floodway boundaries. Should you have any questions prior to Tuesday
evening's work session, please do not hesitate to contact me.
If the agreement is approved by the City Council, the developers intend to begin work on the
improvements immediately. The goal is to have the park improvements completed by late-Fall.
There has been no new park area located east of the Owasso Expressway, where a majority of
s growth has occurred in the last since the development of
Coincidentally, this park will offer similar amenities to the public as Elm Creek
a and lighted walking traiL the most popular
park
with trails linking the community together. The 2010 Land Use Master Plan was adopted by
the City Council in January of 2000 after significant public input.
@) Item #11 of the Owasso Strategic Priorities included in the FY 2001-2002 Annual Budget.
Both Council and Staff identified Trails and Passive Park Areas as a Strategic Priority to be
addressed this fiscal year.
NOW THEREFORE, in consideration of the foregoing as well as the following conditions, covenants,
and terms, the parties hereto agree as follows:
WHEREAS, Buyer is desirous of obtaining such improved park land to continue its policy of
improvement of the quality of life of Buyer' s citizemy by providing more recreational amenities to the
existing park and recreation inventory of the Buyer.
$ 8,700.00
$ 3,000.00
$ 50,000.00
$ 8,000.00
-FREE~
$ 20,000.00
$ 22,000.00
$ 34,000.00
$ 12,000.00
$ 15,000.00
-FREE-
-FREE~
TOTAL $ 273,500.00
Such improvements will be made in accordance with City of Ow as so, Oklahoma Building Standards as
well as any National Park and Recreational Standards applicable thereto; and,
$100,800.00
General Overhead! Admin. of construction (provided by Owasso Land Trust)
Land Cost for 58 + acres (Donated by Preston Lakes, L.L.C.)
Walk Bridges (2)
Parking Lot
Fence and Entry
Gazebo
Dirtwork and Grading
Signage
Play park equipment (4 play areas)
Landscape Timbers and wood chips for play park
Lighting (provided by PSO)
Seed, Sod, Irrigation
$
Asphalt walk: trail - 7 feet wide by 3 inches thick
(approx. 3 miles in length)
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
1.
Seller, in conjunction with development of such residential properties is developing an
improved park land area consisting of approximately 58.47 acres, more or less. Said park land is more
specifically described on Exhibit A, attached hereto and made a part hereof. The improvements that are
to be made and the approximate amounts thereof are as follows, to-wit:
Seller is in the process of developing real estate within the limits ofthe
sub development of single-family residential and duplex as well as multi-family residential
and being popularly known as Preston
WITNESSETH:
RECITAlAS
This agreement is dated this ____. day of , 2002, by and between
Preston Lakes, L.L.C., (hereinafter referred to as "Seller") and the City of Owasso, Oklahoma,
(hereinafter refem:ld to as "the City" or as "Buyer").
REAL ESTATE PURCHASE CONTRACT
2
II
PURCHASE PRIfCE
TERMS OF' PAYMENT
The total purchase price for the park land property described on Exhibit "A" hereto, together with such
improvements as are outlined above, shall be Two Hundred and Seventy Three Thousand, Five Hundred
Dollars and Noll 00 ($ 273, 500.00). The purchase price shall be paid as follows to-wit:
1. One Hundred and Fifty Thousand Dollars and NollOO ($ 150,000.00) from the City of Ow as so,
Oklahoma, Park Development Fund, upon the closing hereof as hereinafter provided for and,
2. One Htmdred Twenty-three Thousand, Five Hundred Dollars and Noll 00 ($ 123,500.00)
payable in 1 year from the date of the first payment.
It is specifically understood and agreed that the One Hundred Twenty-three Thousand, Five Hundred
Dollars and Noll 00 ($ 123,500.00) shall bear no interest. Is further specifically understood and agreed
that the One Hundred Twenty-three Thousand, Five Hundred Dollars and Noll 00 ($ 123,500) shall be
payable solely from the Park Development Fees collected fi'01TI the building pennits issued by the City of
Owasso in any subdivision where such Park Development Fees are collected. It is expressly understood
by Seller that, despite Seller's gifting of the underlying park land, all ofthe residential building pelmits
hereafter issued by the City within the entire Preston Lakes Planned Unit Development (whether such
permits be multi-family, duplex or single-family in nature), shall be subject to such Park Development
Fees. . The estimated Six Hundred Sixty-Eight (668) single family residential and duplex building
permits in the Preston Lakes P.D.D. will contain such Park Development Fees in the amount of One
Hundred Fifty Dollars and Noll 00 ($150.00) each and the estimated Two Hundred Twenty (220) multi-
family building pennits to be issued in the Preston Lakes P.D.D. shall also be subject to a Park
Development Fee. It is neither intended nor shall Seller consider any other source of payment, especially
sales tax or general ad valorem taxes, except from the Park Development Fees. This is a special limited
source obligation intended to be in compliance with the provisions of Oklahoma Constitution, Article la,
Section 26.
The Buyer shall pay no more and no less than the purchase price set forth above regardless of any cost
overruns or cost savings that the Seller may experience as a result of constructing the improvements
described above.
If
SALE OF IMPROVED PARKLAND
Seller, upon completion of the improvements to the park land set forth above, shall on the date set forth
below, convey unto Buyer by General Warranty Deed that park land described on Exhibit A hereto free
and clear of any and all encumbrances, liens, mortgages or claims whatsoever that would adversely affect
the marketability of Buyer's fee simple title in and to the park land described on Exhibit A, or the
improvements thereto, as recognized by the Title Examination Standards of the Oklahoma Bar
Association.
3
This transaction shall be closed on or before the day 2002, by
Seller's delivery to Buyer a General Warranty Deed to the park land and improvements set forth on
Exhibit "A" hereto duly executed and in recordable form as well as any Bills of Sale or Warranty
relating to equipment installed on the park land as well as the Buyer's payment unto the Seller ofthe
One HWldred Fifty Thousand Dollars and No/lOO ($150,000.00) provided for above. The provisions
relating to payment of installments shall survive the closing and shall to the extent as provided for
herein, constitute a continuing contractual obligation.
IV
CLOSING
Contract
(c) W11en title evidence in the form of a Commitment for Owner's Title Insurance Policy is fumished, the
cost of such policy and a loan survey shall be paid ~_ 50%~ by Seller and ~50%<~.< Seller shall
pay any abstracting costs in excess of the title insurer's average abstracting cost. Such Owner's Title
msmaTIce Policy shall insme Buyer to the extent ofthe total pmchase price. When a survey satisfactory
to the title insur"er is furnished showing no encroachment and/or bOlmdary disputes, such policies shall
provide usual encroachment coverage. In the event the survey discloses any encroachment(s) arld/or
bOWldary dispute(s), such policies shall provide encroachment coverage with exceptiones) for matters
disclosed by such smvey which exceptiones) shall be subject to acceptance by Buyer in writing.
(d) When title evidence in the fmID ofan abstract of title is furnished, then a duly certified abstract of
title (including current Unifonn Commercial Code Certification) shall be provided at Seller's expense
and Buyer shall, at Buyer's expense, obtain either a title opinion or an Owner's Title Insurance Policy.
(e) Upon delivery to Buyer of a current Conunitment for Owner's Title Insurance Policy or the abstract,
certified to date, as the case may be, Buyer shall have a reasonable time, not to exceed days,
to exarnine the same and return the same to Seller with any written objections concerning the
marketability of the title or such right to object shall be deemed waived. Seller shall have
_days from such notice of objection to correct such defects, unless such time is fmther
extended by written agreement ofthe parties.
ofth1s
Policy) available to the escrow closing agent within a reasonable time after the date
Seller shall furnish Buyer title evidence covering the Property, which shows marketable title vested in
Seller according to the title standards adopted by the Oklahoma Bar Association.
(a) Such title evidence shall be in the form of: (check one) Conunitment for Owner's Title
Insmance Policy, or _<~ Abstract of Title.
b) Seller shall make Seller's existing title evidence abstract of title 01' Owner's Title Insurance
In
MARKETABILITY OF TITLE
4
Ronald D. Cates, City Attorney
APPROVED AS TO FORM:
Greg A. Simmons, Member
Marcia Boutwell, City Clerk
KOlrrtis, Member
ATTEST:
Brogdon, Mayor
David E. Charney, Managing Member
BUYER: City of Owasso, Oklahoma
SELLER: Preston Lakes, L.L.C.
The foregoing represents the entire agreement existing between the parties. No prior oral or written
communications relating hereto or subsequent discussions pertaining hereto shall serve to vary the terms
hereof unless specifically reduced to writing or dually executed by the parties hereto.
VII
ENTIRE AGREEMENT
It is intended Seller that this park be a and is not to be used by the ury or
organized leagues for use as athletic fields for baseball, softball, soccer, etc. However, it does not violate
Seller's intent of such "passive uses" to allow construction, at a later date, by the City of a basketball
court or a sand-volleyball comt. It is hoped that this park will be primarily used by all Owasso citizens
for uses such as hiking, strolling, nature-walking, bicycling, jogging, kite-flying and picnicking. The
vision is for the playground equipment to emphasize a friendly, relaxed atmosphere where all age groups
can enjoy the outdoors.
VI
SPECIAl" CONDITIONS
The park land property shall be named by the City of Owasso, Oklahoma as Preston Lakes Centelmial
Park.
V
NAME
THE QUARTER (NE/4), N 0012 W AND ALONG
LINE OF SAID NE/4 A DISTANCE OF 492,07 FEET; THENCE N 059902" WAND
PARALLEL WITH THE SOUTH LINE SAID NE/4 A DISTANCE 50,00 TO THE
NT INNING", 01 n A 151.
S WADISTANCE 1 THENCES 019' WADISTANCE
119, FEET; THENCE N 75047'50" W A DISTANCE OF 1 FEET; THENCE S
001 W A DISTANCE OF 69,21 FEET; THENCE S 12039901" W A DISTANCE OF 78,
FEET; THENCE S 19044906" E A DISTANCE OF 86,32 FEET; THENCE S 60 937'9 E A
DISTANCE OF 74.75 FEET; THENCE S 9014'00" W A DISTANCE OF 98.80 FEET; THENCE N
89059902" W A DISTANCE OF 46.48 FEET TO THE NORTHWEST CORNER OF THE E/2,
NE/4, SE/4; THENCE S 0010'40" E AND ALONG THE WEST LINE OF SAID E/2, NE/4,
SE/4 A DISTANCE OF 1232,63 FEET; THENCE S 56049912" W A DISTANCE OF 1557,27
FEET; THENCE N 85016'33" W A DISTANCE OF 158,28 FEET; THENCE S 55056'35" W A
DISTANCE OF 141.33 FEET; THENCE S 14032'33" W A DISTANCE OF 144.16 FEET;
THENCE S 28021'42" E A DISTANCE OF 138.13 FEET; THENCE S 4046'34" E A DISTANCE
OF 62.06 FEET; THENCE S 3007'18" E A DISTANCE OF 15.60 FEET; THENCE 5 0024'29"
E A DISTANCE OF 104,30 FEET TO A POINT LYING 50,00 FEET NORTH OF THE SOUTH
aM"
14
THE NORTHEAST QUARTER
(E/2)
A TRACT OF LAND SITUATED IN THE SOUTH HALF /2)
AND AND
PRESTON II - PARI( AREA - TRACT B
u
A
LINE OF SAID SE/4; THENCE 5 89057'35" W AND PARALLEL WITH SAID SOUTH LINE OF
THE SE/4 A DISTANCE OF 438,35 FEET TO A POINT ON THE WEST LINE OF SAID SE/4;
N 00 , "w AND ALONG WEST NE A DISTANCE
S:::I<5 :::Ib':J:J" W A U!~IANLI::. Of 111.T~ FFFT' THFNrF S 00 '31'9
AND ALONG SAID NORTH LINE OF THE 5/2, S/2, NE/4 A DISTANCE OF 07 FEET TO A
POINT 50.00 WEST OF THE NORTHEAST CORNER OF SAID S/2, S/2, NE/4; THENCE S
0012 "EAND WITH LINE THENE/4A 1
INNING", D NI
Staff proposes a change in the existing Zoning Code that is two-fold. The first change, which
would occur on all future zoned or rezoned commercial property, would permit mini-storage
units in CS, CG, and CH districts by Special Exception only. The second change, would allow a
2 year window on all property that is currently zoned commercial for the current regulations to
Staff spoke with Planners from cities of Owasso' s size prior to bringing this amendment request
to your attention. Some of the issues presented in this report are a direct result of those
conversations, with all in agreement that a strict application of a Tulsa based zoning code is not
always in the best interest of the surrounding cities. It is staff's opinion that this is such a case.
While certainly not a model for planning but a city that has experienced substantial growth,
Kingman, AZ does not allow mini-storage units at all in its least intense commercial district, and
requires a review similar to that of the Board of Adjustment in the two most intense commercial
districts. The amendment being proposed by staff, while not as restricting as that of Kingman's,
would appear to be the appropriate step to ensure a public review process.
Staff believes a change in the zoning code that would require the Board of Adjustment to approve
mini-storage units by Special Exception in all commercial districts is appropriate. It would allow
the City to review each proposal on a case by case basis, consider the development trends of the
area, the future development potential of the subject and surrounding property, and allow for
public input on a process that is currently restricted in two of the three commercial zoning code
classifications.
The City of Owasso currently permits mini-storage units in CG (Commercial General) and CH
(Commercial High Intensity) districts outright, while it requires approval from the Board of
Adjustment by means of a Special Exception a CS (Commercial Shopping Center) district. It
appears that at the time of establishing the zoning code, mini-storage units were not as widely
popular as they are today for the consumer, nor was there any thought given to the amount of
growth that the City of Owasso would experience. Additionally, the possibility of potentially
valuable sales tax generating property being occupied by mini-storage units is not desirable.
BACKGROUND:
July 5, 2002
DATE:
THE HONORABLE MAYOR AND COUNCIL
CITY OF OW ASSO
TO:
MEMORANDUM
None
A TT ACHMENTS:
Staff recommends Council approval of a text amendment to the Owasso Zoning Code, Section
610 to permit mini-storage units in CS, CG, and CH Districts by Special Exception only on all
future CS, CG, or CH zoned property while all existing commercially zoned property would not
have to adhere to this requirement for two additional years.
RECOMMENDATION:
an
to
to
a
on
apply. In short, the Special Exception requirement would not go into effect on all property is
currently zoned or CH until 2 years from the date of publication of the ordinance,
Text Amendment - Mini Storage Units in Commercial Districts
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