HomeMy WebLinkAbout2002.11.12_Worksession Agenda
3. Discussion Relating to Planning Items.
A. Proposed Changes to Sign Ordinance
B. Other Planning Items
Mr. Wiles
Mr. Moore
Attachment #3
Enclosure
2. Discussion Relating to Insurance & Retirement Items.
Ms. Dempster
Attachment #2
1. Call to Order
Mayor Brogdon
AGENDA
bulletin
on the
and
and agenda filed in the office of the
at 4:00 p.m. on 8, 2002.
Special
November 12, 2002
6:00 p,m.
Owasso City Hall
Main Conference
TYPE OF MEETING:
DATE:
TIME:
PUBLIC NOTICE OF THE MEETING OF THE
OW ASSO CITY COUNCIL
The Mayor will request Council approval of an executive session for the purpose of
reviewing and discussing the City Manager's contract for services and for discussing Tulsa
County District Court Case No. CJ-2001-04653 - American Waste Control Inc vs City of
Owasso.
7. Consideration and Appropriate Action Relating to a Request for an Executive Session for
the Purpose of Discussing Personnel Matters Relating to the Office of the City Manager
and for the Purpose of Discussing Litigation Against the City of Owasso, Such Executive
Session Provided for in O.S. 25, Section 307(B)(1) and Section 307(B)(4).
Mayor Brogdon
Attaclilllent #7
6. Report from City Manager
Mr. Ray
5. Discussion Relating to Financial Items
A. OWRB Loan
B. Financial Reports
Ms. Bishop
Attachment #5
4. Discussion Relating to Public Works Items.
86th & 145th Intersection Bid
B. Other Items.
Mr.
Attachment
Owasso City Council
November 12, 2002
Page 2
8. Adjournment.
Owasso City Council
November 12, 2002
Page 3
Our local agent Moe Hogan, an affiliate of Rich & Cmtmill, has attempted to solicit quotes from
various insurance cani.ers who wli.te property and liability insurance for municipalities. Two
calTiers, OMAG and Trident declined to quote due to excessive claims over a five year period. A
third company, Coregis, did not respond to the request for a quote. Our cuuent carrier, Specialty
National submitted a quote to continue our cuuent coverage with an annual premium increase of
$68,205. It should be noted that a staff review ofthe City's five year claim history indicates that
75% of all claims between 1997 and 2002 were contained in only three cases. One was a
$254,376 court ordered payment stemming from a 2001 lawsuit filed by ten police officers;
another was a $114,954 payment relating to a 1999 lawsuit filed by a police officer, and the third
$40,000 payment to Jesse Honeycut relating to an "unlawful auest" in 2000. That data indicates
the bulk of the "excessive claims" (used to justify the higher premiums) are unique in nature and
not representative of the "norm". Additionally, rates have been affected by the nationwide
increase in coverage due to the events of September 11,2001. However, the City must have
insurance protection and all efforts to convince the insurance carriers to consider the unique
nature of the claims has failed to gain a reduction in the premiums.
COMMENTS:
The City of Owasso, through its use of a variety of insurance products, programs and training
seeks to minimize the City's exposure to risk. The single most important component of a Risk
Management Plan is the comprehensive municipality liability product The comprehensive
liability package includes Property, Wind & Hail, Equipment, General Liability, Automobile
Liability, Law Enforcement Liability, and Public Official Liability.
BACKGROUND:
November 4,2002
DATE:
THE
MEMORANDUM
Staff is prepared to present a recommendation to renew our contract with Specialty National with
an increase in deductibles on Property Damage, Wind & Hail Damage, General Liability, Public
Officials Liability and Auto Liability as well as discontinuing coverage for equipment at the
November 19th, 2002 council meeting.
RECOMMENDATION:
Note: While we are currently recommending a $25,000 deductible on Property and Wind & Hail
coverage, staff believes it to be a good business decision to look at increasing Propelty and Wind
& Hail coverage to a $100,000 deductible. These rates are not yet available, however staff is
continuing to work to get quotes for the higher deductible for these items.
Currently annual premiums are $151,831, without any changes in deductibles or coverage the
premiums for the upcoming year would be $220,036. However, the premiums based on the
recommended increases in deductibles and discontinuing Equipment coverage would be
$185,092.
$25,000 for Property Damage
$25,000 for Wind & Hail Damage
No Coverage for Equipment
$ 5, 000 for General Liability
$ 5,000 for Public Officials Liability
$ 5,000 for Auto Liability
Staffhas determined that increasing deductibles would be an effective method of managing this
overall increase. Also, in an attempt to manage this increase, staff recommends dropping
Equipment coverage. This policy covers replacement of equipment loss through natural disasters
and accidents. The majority of equipment covered by this policy has a value of less than $5,000.
Therefore, we are not assuming a huge amount of lisk by dropping coverage instead of
increasing the deductible to $5,000. Staff recommends the following deductibles:
$1,000 for Propelty Damage
$2,500 for Wind & Hail Damage
$1,000 for Equipment
$2,500 for General Liability
$2,500 for Law Enforcement Liability
$2,500 for Public Officials Liability
$2,500 for Auto Liability
Therefore, in an effort to reduce this increase staff has reviewed deductibles for each type of
coverage. The deductibles that are currently in place are as follows:
Staff is prepared to present a recommendation to approve the revised OMRF Master Defined
Contribution Plan Joinder Agreement and Ordinance #724 modifying our plan document
definition of compensation at the November 19t\ 2002 council meeting.
RECOMMENDATION:
Approval of the proposed Joinder Agreement and Ordinance #724 would only change the plan
definition of compensation to include the following: "Compensation for this purpose shall be
defined as base wages only according to the personnel policies for the City of Owasso and will
exclude such items as overtime-pay, holiday-pay, uniform expenses and other similar reportable
wages." This change will modify our plan document to match current practice and staffs original
intent. The proposed ordinance has an effective date of July 1, 2002, enacting the plan document
modification retroactive to the beginning of this fiscal year.
The OMRF Thrift Plan is an optional supplemental retirement plan available to all full-time
employees. Employees can contribute up to 12% oftheir base wages and the City will match up
to 2% ofthe employee's base wages $0.50 on the dollar. Employees select investment options
on an individual basis. Upon implementation of the plan it was intended that the employee's
contlibutions and the City's matching contribution be calculated on base wages without the
inclusion of overtime or extra pay items. It has recently come to staffs attention that the City's
plan document does not indicate this intent. Therefore, OMRF has requested that we update our
plan document to designate what we consider to be base wages.
BACKGROUND:
November 4, 2002
DATE:
MEMORANDUM
Process
Staff envisions an approval process that provides several opportunities for comments and
discussion. Staff is proposing to discuss preliminary comments at the November 12, 2002 City
Council Work Session, although no action is to be taken. Comments will be addressed, staff
will make the necessary changes resulting from the work session and the item will be
scheduled for the December 9, 2002 Planning Commission Meeting. Staff will take into
consideration Planning Commission's comments and recommendations and forward the item to
City Council. City Council members will have a further opportunity to discuss the proposal at
the December 10, 2002 work session. A final draft will be prepared for the next regularly
scheduled City Council meeting for final adoption.
In addition to providing a more "user-friendly" format, several sections of the existing code
have been modified either by new language, the rewording of some language and/or the
exclusion of wording entirely. Staff requests your assistance with the evaluation of the
proposal's format, content and clarity.
Staff understands that there are a number of varying businesses within the City and has made a
good-faith effort to accommodate the different needs of those businesses. However, staff also
understands that in a City such as Owasso, with its rapid growth, certain restrictions are
necessary to ensure that the growth that does occur is controlled by the City and not vice versa.
Staff has fielded several complaints from citizens concerning the existing code and has noted a
high level of inconsistency with the code's format. Given the difficulties in the interpretation
by staff and area businesses, staff felt that an update was in order. Difficulty in interpreting
the code by staff leads to an inconsistent level of enforcement, thereby leaving local businesses
with the impression that a particular sign may be allowed when in fact, it may not.
Background
The Community Development Department is proposing to replace the existing sign ordinance
with an updated code. The sign code not only controls the location, size and type of signs
allowed within the City, but also how those signs relate aesthetically to the City as a whole.
Staff feels that by clarifying the code with a new format, a level playing field will be created
which will help local businesses nourish.
8, 2002
HONORABLE
MEMORANDUM
(h) Corporate or Commercial Flags. No corporate or commercial flags shall be permitted in
(b) Banners. No banners shall be permitted in any zoning district except those banners that
are in connection with a non-profit, community or neighborhood center, public, church or
educational institution. Such banners shall be limited to a period of no more than thirty
(30) days and shall contain no advertising. Banners in connection with a non-profit,
community or neighborhood center, public, church or educational institution that contain
advertising are permitted for a period not to exceed forty-eight (48) hours. Banners shall
be permitted for new businesses and / or change of occupancy for a period not to exceed
fourteen (14) days and shall advertise only the name of the business and "grand opening"
or "open for business". (New Language)
(a) Portable, Mobile or Vehicular signs. No portable, mobile, vehicular or snipe signs shall
be permitted within the City, and no motorized vehicle or trailer shall be parked upon
public or private property within the City for the obvious purpose of advertising; provided
that commercial vehicles may be identified only by business name, type of business,
business address, business telephone number, and contractor's state / county / city license
number when required. (This section was allowed per the previous code - Section IV (H))
2. By Type
17.06. PROHIBITED SIGNS.
12. Vinyl or plastic lettering affixed to any awning or canopy, and conforming to the
provisions of the section related to awnings/canopy type signs. (New Language)
11. Non-flashing or moving time or temperature signs that contain no advertising and do not
exceed (12) square feet. (N ew Language)
10. Signs and required regulatory information that are an integral part of, and not simply
attached to gasoline pumps or other similar dispensing or servicing devices. (New
Language)
9. A maximum two (2) signs not to exceed four (4) square feet each shall be permitted to
advertise a garage sale. Any such sign shall not be placed in the public right-of-way, shall
not be placed or located further than the nearest major arterial roadway from the site of the
sale and shall be removed immediately at the conclusion of the garage sale. (New
Language)
connection with a
or educational
( III area.
5. insignias of government agency that are
center,
Significant Changes
Below, please find a summary of the major changes between the existing ordinance and the
proposed code (listed by the proposals corresponding section number).
National or international franchises shall be given reasonable consideration with respect to
company standard logos and lettering styles that are an integral part of the franchise image and
identity. The consideration shall not be without restriction and shall be within the bounds of
A unified sign plan (USP) is an application requesting approval of a comprehensive sign permit
establishing the size, location and design of signage on property being developed as a unit.
The purpose of a USP is to provide for the establishment of signage criteria that is tailored to a
specific development or location and which may vary from the provisions of this Code. The
intent of the USP section is to provide for some flexibility in the sign criteria of this Code that
promotes superior design through architectural integration of the site, buildings and signs.
17.4. UNIFIED SIGN PLAN
(6) That the granting of the variance will not interfere with the location and identification of
adjacent businesses, buildings or activities.
(5) That the granting of the valiance will not be detrimental to the public welfare, will not
constitute a public nuisance or adversely affect public safety.
(4) That the granting of the variance shall result in greater convenience to the public m
identifying the business location for which a sign code variance is sought.
(3) That the variance as granted represents the least deviation from the prescribed regulations
necessary to accomplish the purpose for which the variance is sought and which is
consistent with stated intent of this Code.
(2) That the extraordinary or exceptional conditions of the subject property are not a direct
result of the actions of the applicant.
(1) That the variance is necessary due to extraordinary or peculiar circumstances related to
size, shape, topography, or location of the subject property.
The City of Owasso Board of Adjustment may grant a variance to the requirements of this
Code only if the applicant demonstrates compliance with the following criteria:
17.14 SIGN VARIANCES.
to construct or
(k)
U> Advertising Signs (off-premises). It shall be
maintain any off-.premises advertising sign
exception of off-premises signs).
V. )
unlawful for any person to construct or
any zoning district in the City (with the
section was allowed Der the
any zoning district that exceeds thirty-five (35) feet in height and/or fifteen (15) square feet
in area to include those corporate or cOnmlercial flags containing logos. Additionally,
corporate or commercial flags shall be limited to one (1) flag per lot. (New Language)
Request
Please review the proposal and provide preliminary comments to the Community Development
Department by November 12, 2002 as this item will likely be heard at the December 9, 2002
Planning Commission meeting.
sign that is prohibited Section 17
(4) Unified Sign Plans may not include
(3) Unified Sign Plans may not propose a total sign square footage exceeding three (3) square
feet of signage per everyone (1) linear foot of street frontage of the subject property.
(2) Unified Sign Plans shall include all signage to be located within the perimeters the
subject site whether in excess of the provisions of the current sign code or not.
(1) Unified Sign Plans shall include the location, height, construction material,
of illumination and orientation proposed signs.
All unified sign plans are subject to the following restrictions:
sound zoning and planning practice and in harmony with the general purpose and intent of the
unified signage plan.
Staff will update the Council at the Work Session on the bids received.
This capital improvements project was advertised for bids on October 10, 2002. mandatory
pre-bid meeting was held on October 31 sl for the purpose of answering any questions prospective
bidders might have concerning the project. Bids will be opened on Monday, November 11 tho It
is anticipated that the bid will be awarded in December, with construction to start in early
January 2003.
BACKGROUND:
November 8, 2002
DATE:
MEMORANDUM
The City of Owasso resolution would approve action taken by the OPW A authorizing the issuance,
sale and delivery of promissory notes of the OPW A to the OWRB.
The OPW A resolution would authorize the loan with the OWRB; approve the issuance of
promissory notes and the loan agreement; approve the payment of fees and expenses associated
with the loan closing; and approve and authorize various other documents and actions necessary to
complete the financing.
On October 15, the OPW A Trustees approved Resolution #2002-05 authorizing an application
with the OWRB for permanent financing to replace the current interim construction loans. In
order to complete the financing, the OPW A Trustees and the City Council will be asked to approve
resolutions.
The final inspection of Phase lIB improvements to the wastewater treatment plant was completed
November That project is financed by an interim construction loan through the Oklahoma
Water Resources Board (OWRB). The operates the State Revolving Fund (SRF) loan
program and the Financial Assistance Program (F AP). These programs provide low interest
financing for eligible projects.
B~~c.KGROUND:
November 8, 2002
MEMORANDUM
However, the actual impact of the fee permit was to significantly increase revenues to the City.
That increase eventually served to call attention to the fee by local businesses and one of the
permit holders, American Waste Control. Then, on August 31, 2001, American Waste Control
filed a lawsuit in District Court against the City of Owasso, claiming that Ordinance #638 is
illegal and void due to law that prohibits the imposition of a "licenses tax" on waste collection,
as well as claiming that the ordinance exceeds the "police powers" granted the City by the State.
Additionally, the lawsuit claimed that Section 17-206 of Ordinance #638 is in violation of
Oklahoma Statutes (47 O.S. section 1148) in that the ordinance exceeds the City's authority to
prohibit the use of city streets (inadvertently, the ordinance prohibited the transport of any trash
on any city street unless the transporter had a city permit, thereby making it illegal for a hauler to
pick up trash in another city or from a non-city resident and then transport that refuse through the
city to a disposal site, very clearly exceeding the authority of the City). It should be noted that
American Waste Control, as of August 31, 2001, has not collected from their customers nor paid
Generally, Ordinance #638 established a fee of $3.50 per yard of collected commercial waste to
be paid to the City on a monthly basis. That fee was adopted based on calculations performed by
the Public Works Depmtment. Those calculations were accomplished utilizing data from the
City's contract dUling the previous year and supplemental information supplied by other
"haulers" on a voluntary basis. It appears that one goal of the new ordinance was to ensure that
the fees generated by the "permit fee" were equal to the revenue collected from the "contract"
system then in use (see memorandum dated March 29, 2000).
On April 4, 2000, the City Council adopted Ordinance #638 (attached), such ordinance for the
purpose of establishing a commercial waste collection permit and applicable fees for that permit.
The ordinance was adopted in an effort to remedy a concern that the City Attorney had relating to
the legality of the "exclusive" contract method the City had previously utilized to collect
commercial waste within the boundaries of the city.
BACKGROUND:
November 7, 2002
DATE:
MEMORANDUM
1 . Ordinance #638
2. Memorandum from Robert Can dated March 29, 2000
3. Original Petition for Declaratory Judgment
ATTACHMENTS:
This issue is scheduled for discussion dUling the November 12th Work Session. Mr. Gray has
consented to be present for the discussion, as will Mr. Carr and Ms. Bishop. If you have
questions, please call me or Mr. Gray.
WORK SESSION DISCUSSION:
Based on Mr. Gray's review, discussions with the Plaintiffs attorney, direction from the Judge
and staff comments, it is proposed that the City Council repeal portions of Ordinance #638
relating to the permit fee and amend Section 17-206 of that ordinance. Such action is
recommended to be accomplished as soon as possible prior to November 26 (the date set for a
hearing on the Plaintiffs motion). Therefore, it is proposed that the recommended action occur
during the City Council meeting scheduled for November 19th.
PROPOSAL:
After employing Mr. Gray as City Attorney, he reviewed this case in the context of preparing an
answer to the Plaintiffs Motion for Summary Judgment." Mr. Gray's review lead to the
conclusion that the City has, in fact, enacted an ordinance that lacks a defendable position.
Based on discussions with the City Attorney and a requirement for an immediate response to the
Plaintiffs Motion for Summary Judgment, I authorized Mr. Gray to meet with attorneys for
American -Waste Control to detennine our available options. Mr. Gray also appeared before
Judge Wiseman to request time for a possible negotiated settlement of the matter.
LEGAL REVIEW:
-~----
maneuvers by both i1,merican
concern they were at a disadvantage by
while American Control had ceased collecting fl'om
bee:n
Subsequently,
Additionally,
continuing to
its customers.
to the City the fees required of the permit even though there have been demands for payments as
Ordinance #638.
COMMERCIAL WASTE COLLECTION LAWSUIT
NOVEMBER 7,2002
PAGE 2
There is hereby authorized to be issued to any qualified person, under the tenus and
conditions hereof, a Waste Collector Penuit which shall specifically authorize such person
possessing the penuit to, under the control and supervision of the City, collect, remove, transport
and/or dispose of commercial solid waste and/or construction and demolition waste from within
the City,
SECTION 17-2Q2 WASTE_CQLL~CIORPERMIT
5. "Vehicle" means any truck, trailer, semi-trailer or other equipment used to collect,
remove, transport or dispose of solid waste, and over any public way, street, avenue, road, alley
or highway.
4. "Person" means every natural person, finn, partnership, association or corporation;
3. "Waste collector" means any person who collects, removes, or transports commercial
solid waste or construction or demolition waste as defined herein;
2. "Construction and demolition waste" means waste or large bulky items, such as brush,
tree cuttings, lumber, concrete, bricks, plumbing fixtures, plastics and other waste generated by
construction and demolition activities;
1. "Commercial solid waste" means all solid waste emanating from all units having zoning
classification other than low or medium intensity residential uses;
For the purposes of this Article the following tenus shall have the meanings respectively
ascribed to them herein:
DEEINIILON
SECTION 11:201
ARTICLE B
WASTE COLLECTOR PERMIT
Section Two: There shall be adopted as new law and codified as indicated the following
provisions;
Section One: Part 17, Utilities, Chapter 2, Garbage and Refuse Collection, of the Code
of Ordinances of the City ofOwasso, Oklahoma, be and same are hereby amended as follows,
Section 17-202 shall be amended by deletion therefrom of the words "or commercial";
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OW ASSO,
OKLAHOMA, THAT, TO-WIT:
"'~
AN ORDINANCE RELATING TO PART 17, UTILITIES,
CHAPTER 2, GARBAGE AND REFUSE COLLECTION, OF
THE CODE OF ORDINANCES OF THE CITY OF
\\\HHfllft/
OWASSO, OKLAHOMA, AMENDING SECTION 17-202 BY","'" \\K r ""'"
DELETION OF COMMERCIAL SITES THEREFROM, /" \J~I~':':"':'~~J"'"l;.~
AMENDING SAID CHAPTER BY ADOPTING AS NEW i /::::<~.~:::::! ^.:;.:'';,,-;\
LAW ARTICLE H, WASTE COLLECTOR PERMIT, ~ ( : ~. ~.~ g E
APPLICATION FOR WASTE COLLECTOR PERMIT, Fi~.:t~:~X^:^ ",' :^,:.f::;;;;; ff
FOR WASTE COLLECTOR PERMIT, WASTE \, 0,....,:::, >'"y!
COLLECTION REGULATIONS, SPECIAL ORDERS OF "~",/AiA;io'~~' ",~,.$"
CITY MANAGER, UNLAWFUL USE OF STREETS, "II/IIll1ll1l""
PROVIDING AN IMPLEMENTATION DATE AND
DECLARING AN EMERGENCY
ORDINANCE NUMBER 638
CITY OF OW ASSO, OKLAHOMA
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Receipt 1/ 439235 05/08/00 11: 05 : 2 5 111111111111111111111I1111I111111111111111111111111I111111111111111111
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A. Waste collectors who in the course of their business provide containers for the
collection of solid waste shall display information on each container, such as a business name or
trade name which shall sufficiently identify the permittee providing waste collection services to the
establishment using the waste container. Characters, letters and numbers displaying the foregoing
information shall be at least two (2) inches tall, om~-half (Y:z) inch wide and applied in such a way
so as to become permanent. Characters shall be no lower than twelve (12) inches from the
bottom of the container and shall be in a contrasting color to the container so as to be clearly
visible.
SECTIONJ7-204
W ASIEGQLLECTIQN~RE(lULATIQNS
B. The permit referred to in Section 17-202 shall be issued for an indefinite period.. The
fee for the waste collection permit shall be payable to the City on a monthly basis on or before the
I Sill day of the month immediately succeeding collection service provision in the amollilt of three
dollars and 5011 00 ($3.50) per yard collected per month with compactors utilized being at an
amount equal to 4 yards charged for every 1 yard of compacted volume. The waste collector
shall provide for the monthly remittance with 11 waste collector monthly report to be provided by
City. Should the City Clerk determine to deny a permit, or revoke same llilder authority of this
chapter, notice thereof shall be provided to the applicant/permittee containing such proposed
denial or revocation and the reasons therefore. Revocation of any permit issued llilder this
chapter shall not be effective lliltil the expiration of ten (10) days from the date of serving a notice
upon permittee of such revocation, absent an emergency situation. Any applicant denied a permit,
or permittee whose permit is revoked may appeal such denial or revocation to the City Council of
the City. Appeal from denial of application for permit or revocation of same shall occur upon
written notice requesting same addressed to the City Clerk within ten (10) days of the denial of
the application for permit or, as pertains to revocation of such permit or within ten (10) days
preceding the effective date of such revocation as above provided. In the event a permittee shall
request an appeal before the City COllilcil of the City regarding revocation of such permit, the
effective date of the revocation shall be stayed pending determination thereof by the City COllilcil
of the City.
11. Any other information deemed necessary by the Director of Public Works of the
City.
10. Name of liability insurance company and policy number; and,
9. Landfills used;
8. An attached schedule of all waste collection services, indicating type of solid waste
collected, site of collection;
7. Current state safety inspection number;
6. Packer
5, Color of cab and
Make, model and year of each truck;
4,
3. Business and home phone number;
Business name and address;
2.
Name and home address of the applicant;
1.
A. The waste collector permit, as referenced above, shall be issued by the Office of the
City Clerk of the City. Applications for such permit shall include the following information:
PERMlIj\EPLICA TION REOUIREMENTS, ISSUANCE. DENIAL.
SECTLQN 17-203
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17. Cleaners/photo finishing.
16. Bank, savings and loan, credit union, A TM; and,
15. Community Center/YMCAlYWCAlpark;
14. Theater/sports stadium/convention center;
13. Hotel/motel;
12. Supermarket/grocery store;
11. Restaurant/fast food establishment, etc.;
10. Utility operations including substations, pump stations, etc.;
9. Medical facility, including labs, nursing homes, clinics, etc.;
8. Church/synagogue;
7. Public or private school or college;
6. Auto/truck/boat dealer, including salvage, repair, parts and service stations;
5. Warehouse/storage facility;
4. Manufacturing company;
3. Apartment building/condominium/trailer park;
2. Retail shop/shopping center;
1. Office building;
D. Every licensed waste collector shall maintain a :full, true, current and legible list of all
commercial customers that are provided waste collection services, which shall include an
itemization 0 the customer's nanles, service address, waste container size or sizes, the frequency
of service measured in days per week, and a brief description of the type of customer or client
being served, such as:
4. Comply with all other requirements and restrictions imposed pursuant to the rules and
regulations of solid waste management adopted by the City Manager or City Council ofthe City.
3. Be required to be reasonably clean and sanitized if the vehicle is declared to be a health
hazard by the City-County Health Department or its duly authorized representative; and,
2. Be parked at least one hundred (100) feet fi'om any residential building, if parked over
six (6) consecutive hours, while containing a partial load of solid waste;
1. Be constructed and maintained in such a manner as will prevent any solid waste from
spilling, falling or blowing out ofthe vehicle on to any public way, street, avenue, alley, highway,
road, or any other public or private place, except when being loaded or unloaded and shall be
completely Ul,d securely covered to any spill, fall or blowout fi"om the point of collection
to the point of final disposal;
shall :
C. Any vehicle used in the collection, removal, transportation or disposal of solid waste
B. No person shall collect any solid waste inside the corporate limits of the city within six
hundred (600) feet of any residential building unless it is after 6:00 A.M. and before 10:00 P.M.
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2780-403.ord waste col penn it
Ronald D. Cates, City Attorney
/'1,," J, / / . d
By: ,:;.t ~<.'!.Yl 't-A: /pI[;{.vo..._
Mark Wilken, Mayor
CITY OF OW ASSO, OKLAHOMA
PASSED this 41h day of April, 2000, with the Emergency Clause voted and approved
separately.
Section Four: Due to the absence of provisions regulating private commercial solid
waste and construction and demolition debris collectors an emergency is hereby declared to exist
whereby the provisions of this ordinance shall become effective immediately upon passage and
publication as provided by law
2000.
Section Three: The provisions of this ordinance will be implemented beginning May 1,
It is unlawful and a public offense for any person to haul or transport any trash, refuse,
rubbish, garbage and/or waste upon or over any ofllie streets, alleys or highways of the City
l.mless such person shall first have procured a pennit as herein provided.
SECTION 17-20Q USE OESIEEEIS
The City Manager of the City is hereby authorized and directed to promulgate rules and
regulations governing the collection of commercial solid waste and construction and demolition
waste within the City by waste collectors. Application for and acceptance of a waste collector
penuit shall be deemed to constitute the permittee's acceptance of the provision ofthis chapter as
well as any rules and regulations promulgated pursuant hereto. Failure to adhere to the provisions
of this chapter, or any rules and regulations promulgated pursuant hereto shall constitute grounds
for denial or revocation of the permit.
S~CIIQl~Lll:.~JL:i liEJ;:;s:rAkQBI;JERS~.QEIIYJ\1ANAG:tiR
. .'
F. No person shall collect, remove or transport solid waste, including hazardous waste, in
a manner so as to scatter or spill such waste, either at the point of collection or while transporting
the same for disposal unless such waste is immediately retrieved and removed in its entirety.
Immediately after collection, containers which have been used to store solid waste shall be closed,
with each lid or cover being reasonably secured.
E. Any vehicle used in the collection, removal, transportation or disposal of solid waste
within the jurisdiction and control of the City shall be subject to reasonable inspections initiated to
insure compliance with this section and conducted by duly authorized inspectors of the
Department of Public Works, the Police Department or the City-County Health Department.
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No person, firm or corporation shan be permitted to engage, and it is unlawful
for any person, firm or corporation to engage, in the hauling and disposal or
collecting of trash, rubbish or garbage for hire or a fee, within the corporate
limits of the City without first being so designated and permitted to do so by
the City Council of the City 0
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2000
March
DATE:
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CITY CODE PROVISIONS:
About one (1) year ago, it came to the attention of city staff that a non-contracted refuse
collection provider (American Waste Control) was providing service to commercial customers
within the city limits. In the opinion of the City Attorney, our contract for commercial refuse
collection is not exclusive; therefore, other companies can provide service within the city
limits. Provision of such service has resulted in uncollected revenue by the city and does not
conform to the Code of Ordinances (Section 17-217) that states:
BACKGROUND:
The Public Works Department has been responsible for preparation and administration of
contracts for commercial refuse collection. Billing for services has been administered through
Utility Billing. These contracts have been bid twice in the last six (6) years. In July 1993. the
Trustees of the Owasso Public Works Authority approved a contract with Browning-Ferris
Industries (BFI). In April 1996, a contract similarly was awarded to Waste Management of
Oklahoma for the services. The bid amount establishes what the City of Owasso pays the
contractor. Payments have been determined based on the size of container provided each city
customer and the frequency of collection. The contractor bills the City of Owasso for accounts
collected. The customer is billed by the City of Owasso along with any additional charge
added to the contractor amount. Additional fees have been added to the contracted bid
amounts for administrative and other costs. The total of the contracted bid amount and
additional charges constitutes the billing rate to each customer.
ORDINANCE FOR WASTE COLLECTOR PERMITS
SUBJECT:
PUBLIC WORKS DIRECTOR
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ANALYSIS OF COLLECTED REVENUE:
Discussion of this issue was held with Council at the Work Session on February 8, 2000. Staff
had collected data summarizing the most recent monthly net revenue for commercial refuse
service in the city (see Attachment D) which included a compilation of number of customers,
collection frequency, container size, city billing rate and charges by Waste Management to the
city. A calculation of amounts of net revenue collected listed by container size and collection
frequency was shown. Based on the number of city customers at the time of the listing, total
monthly net revenue was $11,868.88.
Since collection frequency and container sizes vary by customer, staff suggested that an
equitable permitting method could be based on the number of yards of waste collected. Permit
fee calculation using this methodology combines container volume/collection frequency and
provides consistency among all providers and customers based on specific needs.
POSSIBLE PERMIT OPTIONS:
Types of permit fees administered by other local communities include:
No fee
Annual fee per container
Annual fee per volume of container. and
Percentage of gross monthly revenue.
was mailed to November
Subsequently, letters have been received Waste their attorney
Attachment C) concerning the proposed permit In addition, a presentation was made at
the Council meeting on February I, 2000 by a local business representative expressing
concerns with the current rate structure and the need to develop a more equitable permit
procedure.
PERMIT/CO~TRACT REQUlREMENfS:
Based on data provided in the initial permit application, a calculation was to
determine the amount of uncollected revenue (indicated by a differential between the current
rate charged City of Owasso commercial customers and the current contract haul rate). It was
determined that commercial refuse collection by American Waste rather than our present
contractor has resulted in uncollected revenue in an amount exceeding $1,300 per month.
was
to this situation were
to
by the
Page 2
Ordinance for Waste Collector Permits
ORDINANCE AND IMPLEMENT A TION:
A proposed ordinance to provide for a Waste Collector Permit to permit collectors of
commercial refuse is attached for City Council adoption (see Attachment H). The ordinance
also contains provisions for collection of construction and demolition debris.
I
At the time this initial analysis? however? the quantities of waste collected monthly did not
reflect services provided by companies other than Waste Management. A complete listing of
locations? container sizes and collection frequency for all service providers increases the
quantity of refuse and reduces the proposed permit fee cost per yard. A desire was expressed
to generate sufficient permit fees to offset the net revenue collected under the existing city rate
structure and to remain revenue
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Potential affects on existing rates are shown in Attachment G. Based on the present contract
rates with the City of Owasso and the increase in quantities to account for all collected refuse,
all but one of the monthly fees decrease. Rates are expected to change from +3% to -27%
depending on collection frequency and container size.
PROPOSED PERMIT FEE:
Attachment P is a compilation of data reflecting all known commercial refuse collected within
the City of Owasso. Data have been added for customer accounts not billed by the city. A
total of 3,472 cubic yards are included. An increase of 1,145 cubic yards (49.2% increase) is
represented above that presently billed by the City of Owasso. To remain revenue neutral, a
permit fee of $3.50 per cubic yard collected per week is required.
To compile a total amount of commercial refuse collected weekly. each company was
requested to provide a current list of customers, container size and type, and collection
frequency. In addition, it was agreed that a 4: 1 ratio of compacted to uncompacted waste
would be applicable for customers provided with compactors.
MEETING WITH COMMERCIAL WASTE COLLECTION SERVICE PROVIDERS:
Staff and the City Attorney met with the three (3) largest commercial waste collection
providers (Waste Management. American Waste and BPI (Allied)) on February 25. 2000 to
discuss the status of the City of Owasso pennitting procedure, The meeting inclu.ded
discussion 'of the City Code of Ordinances, existing customers of each company,
implementation of permits and collection of fees,
Page 3
Waste Collector Permits
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Attachment A - April 29$ 1999 letter to American Waste from Ron Cates
Attachment B - September 17, 1999 letter to American Waste
Attachment C - December 1, 1999 letter from American Waste attorney and December 2,
1999 letter from American Waste about contract provisions
Attachment D - Monthly net revenue calculation
Attachment E - Potential permit fees .
Attachment F ~ Commercial Refuse Collection Permit Fee Calculation
Attachment G ~ Percentage Change in Monthly Fee
Attachment H - Ordinance 638 - Waste Collector Permit
ATTACHMENTS:
RECOMMENDATION:
Staff recommends Council approval of Ordinance 638 to provide for a Waste Collector Permit
for the purposes of permitting collectors of commercial solid waste as wen as construction and
demolition debris. An emergency clause is requested to enable the ordinance to become
effective immediately upon passage and publication as provided by law,
With implementation permit fees, companies meeting specific permitting criteria will be able
to establish customer accounts with the city limits. Fees for services will be determined by
each company. Individually, customers will have the ability to determine which company
provides them the most desirable type of service and cost, The City of Owasso will no longer
bill customers.
an to the safety
businesses, a result, through the pennitting controls will be enforced on waste
collectors that ensure adequate and appropriate service will be maintained. Each month a
listing of customers will be provided by each Waste Collector. The permit fee will be
calculated using the list and an accompanying payment provided to the City of Owasso.
are
as
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to
to
is
Page 4
Ordinance for Waste Collector Permits
It is the position of the City of Owasso, Oklahoma, that the aforestated provisions of the
Code of Ordinances of the City of Owasso are a legitimate exercise of the police power exercised
by the City of Owasso, Oklahoma. In that regard it is well established in Oklahoma that
municipalities act for the public health and discharge governmental function in the collection and
disposal of solid waste. City of Purcell y. Hubbard 410 P2d 488, 490 (1965). Further, the
Under the provisions of Section 17-219 of the Code of Ordinances of the City ofOwasso.
Oklahoma, any person or persons, firm or corporation that violates the foregoing shan be deemed
guilty of a misdemeanor and upon conviction shall be fined as provided in Section 1-108 of the
code, to-wit: $200.00 per day for each days continuance or failure to comply with the provisions
of the ordinance, as well as costs for each offense.
"No person. firm or corporation shall be permitted to engage, and it
is unlawful for any person, firm or corporation to engage, in the
hauling and disposal or collecting of trash, rubbish or garbage for
hire or a fee, within the corporate limits of the City without first
being so designated and permitted so to do by the City Council of
the City.",
In respect to the foregoing, your attention is directed to the provisions of Section 17-217
of the Code of Ordinances of the City of Ow as so, Oklahoma, which provides as follows, to-wit:
I am City
capacity, I have been requested to communicate with you on behalf of your company regarding
information which officers of the City of Owasso, Oklahoma, have received indicating that your
company. American Waste Control, is presently and has for some time been collecting commercial
refuse within the corporate limits of the City ofOwasso, Oklahoma, Further, in this regard, a
review of the records of the City of Owasso, Oklahoma, does not indicate the existence of any
contract between your company, American Waste Control, and the City ofOwasso,
. Self:
within the
In Re: American Waste Control
City of Owasso, Oklahoma
~W~~~@W~~$~m@@w@~~m==
April
FAX 918-582-0166
9180582-7447
Attomey at Law
Suite 680, ParkCentre
525 South Main
Tulsa, Oklahoma 74103
RONALD D. CATES
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2780-388.1ms
F. Robert Carr
Director of Public Works
City of Owasso
RDC/nhc
xc: J. Jeff Hancock
City Manager
City ofOwasso
shall govern accordingly.
contact
Oklahoma 74055, telephone number 1 to arrangements to secure the
necessary contractual authority for provision of the commercial refuse hauling service.
failure to do so under circumstances of a continuation of the performance of the commercial
refuge hauling service within the City Owasso, Oklahoma, will leave the City Owasso,
Oklahoma, no alternative but to pursue all legal avenues for assuring compliance with the
the of Ordinances the City Oklahoma, outlined
Supreme held that "it is within the
orderly, sanitary disposal !lli.hQI;L.'L~~i!Y
Management
Mr. Mike Self
April 29, 1999
Page 2
cc: Roo City Attorney
1. Jeff Hancock. City Manager
~~t2u{ ~G~
F. Rbbeft Carr. Jr.. P.E.
Public Works Director
Sincerely,
OW ASSO PUBLIC WORKS DEPARTMENT
If you should have any questions concerning the provisions stated herein, please contact this office at
212-4959.
Upon submittal of the requested information, City of Owasso staffwill calculate the applicable monthly
rate. A decal will be issued fur each container to designate confonrumce with the established
requirements.
.. Application will be wIid upon approval of the City Council for a period to end on June 30.2000.
OJ A certificate providing liability insurance must accompany the application.
.. Each individual container provided within the city limits must be individually listed and
identified by location and container size.
OJ Any additions and/or modifications to the contracted container locations or container sizes will
result in modification of the approved contract.
We expect that the requested information will be returned to our office within the next thirty (30) days. In
order for us to expeditiously review the application and determine the applicable fee structure. the
following is a summary of the requested information to be completed on the application:
our previous telephone with a ftml our April
1999. attached is a copy of an application for a contract for commercial refuse hauling services within the
corporate limits of the City of Owasso. In accordance with the City of Owasso Code of Ordinances.
hauler conducting business within the city is :required to enter into a contract to provide services.
Mr. Blagg:
~
Sales Manager
American Waste
1222 W. 31th Place
Tulsa, OK 74107=5720
'1.07 South
PO Box 180
Owasso, OK 14055
wasso
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, : : " :t (i~nqt'" purpQ~ "to ~e, a mW'deipall~rw"~@;-tb~t. :'i"t ,seems to,
me that if ,you have an' o:t"<U,nan(Jo, aui;hori2iin9 ,the .abqv. 'charqes:'is,
uncon~ti:tutional~" First.,.i:t 'fails to pa8sconsi:itutiohal muster dUll,
,', , '._ " " " ",I, - C'
, to vaquenes.,: .,ie'"',,.' ~ot. ,l~ss than ten pe~cent" @, ,Seco.d:tYe' 'the feei18 '
app~ar ,1:.<<:) ~, far in excess of thee~ense of '!=,~~latin9 - -AWC" $
bUliu.ness', 18 the eollec:rt.lon of a. t.ax and' ;U:I itherefore, an
u.nauthor1%~d. ~x~rcisa of, pol!c;:epower.. See '1'i'tle '11! 5%2-106; ~
2t Shawn~~v.. Reid 'Br9. Plumbing Co.., ~01. P.2d' '179 jand 'priddy v.
C1tv or Tu;J.sa, 8841 P..;Zd..,'SJ.1o . AiISO' i:t you dc:m,'t;:tcharcJE: Waste
Management, Inc., the same fe~s, then AWe is alsol being denied
equal prctection: of law.' ': , i
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Hy,eli~n~, b~uicolleet~.solid was"t._fr~ sever~ll-b~llldnesses ,in
Owasso., ~ith' 'yo:ur permis~:io.n,g , for clOf!5e,, t<;),a year.. -.' In'y.oW:. _lett.er
" y.ou ' agr~ed",. t;Q. let 'Awe to.,con:tinue- ,that<~.rvic&;' ~niy" upon '"the .
;,~ecut.ion o~;_:'~ iCon't.r~c~ c;ontalni:ng ei9ht,::conditio,~~'J two of, whicb.,. ,
@,:t'e, of qreat concern . to' Awe... ',~e' tirst':,r~quirel!;.rAWC to pay 'a "
. ;~rmit,fee ~ulual,tc th~s,dift~r6nce })stlleen. t}1e:,~~n~ rates set by' .
,th~ OW~eso .Public,Wo:~'k~ ,Authorit.y'and :thera't~1II cl$rg'~d: by', AW(:e',
: T~e secend .'r~1res . Awe _.to 'the alterxultive to pa~ the' Cit.y - of .
OWasso 'o'~t?'t: 'lesB, ~an t~" ,percent ot ,grQS~: revel.lueeu', e~ived, by' AWe
;f~OaIII'H1~rVJ.ce1l!l p:g:'ovi~ed w:~t.hin t:hliiil city: limit.l!3 of ow l!3SO.. : . .
, ~ ",' ..:', ,: . " . .'.,:..
.' , , APp:l.yinq.' t.ll11'l~-e"requii-~ments ,youhavs. cal~lat~d,t.hemonthlY
t~e.', cf' $.1.,33'?- ",04 .; :", , 'l'hi~: ooimt.' is' aore - ,t:han GO% ' " Qf'AWC liS tgross.
rQvenues : tor' - aw8SS0 s:er.vice~ ". "- ': : I '
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Guy Blagg'
Sales Manager
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Typieal1y the iWm,U"gin" or license fee required to do business
within the surrounding communities of Tulsa (Broken Arro~. Sand
Springs. Jenks. ETC w) is 10% or less w we are somewhat surprised
at the permitting fees pre$ented to us here.
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Waste Control will not solicit
$0 in this interim period.
American
Limits of
As the permit application we have receiv has an effective
start date of December 1 ~ 1 and this was receiv ,at t
time of our er billing. we are Ie t.o submit the fees
necessary (over 10%) on such short noticee are currently'
in the process of reviewing wi our legal department our
position in is m~tter ~s we were not told of any requir
at e time t W~ were invited to do business within e Ci
Limits of $$00
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Dear Sir:
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bert Carr Jr.
Public Wo s Director
sso blic Works
P.O. Box 180
Owassow 55
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Using present monthly revenue generation: $11,858 net reverme/3472 cubic yards collected per week:::: .
$3A8/cubic yard (use $3.50/cubic yard)
BlUed yaros ~ per week "" 'ZJZT ya:rds
fIloi: billed ~ "" 1145 yards. (~ 49~)
0.5 00
.. 12tl
0.5 00
0.25 42
3 300
0.25 42
1 12
1 16
;: 160
5 <<l $140.00 $140.00
6 4lS $168.00 $168.00
1 30 $105.00 $105.00
TOTAl. ::un I MONTH TerM.. $12,152.00
1
1
,.
1
1
..
:2
2
10
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Marcl11, 2roO
I
Fee
CITY OF OWASSO
Commercial Refuse Col~on
I
I
Difference
(F-G)
Container
yards
G
EO:
8
A
March 7, 2000
CiTY OF OWASSO
Commercial Refuse Collection ro Percent Change of Monthly Fee
There is hereby authorized to be issued to any qualil1ed person, under the terms and
conditions hereof. a Waste Collector Permit which shall specifically authorize such person
possessing the permit to, under lhe control and supervision of the City. collect, remove. transporl
and/or dispose of commercial solid waste and/or conslruction and demolition waste from within
the City.
I
I
SECTliJ['U I-~02
W I\STE CQLL~CTOR l'ERl\IIT
I
5. "Vehicle" means any truck, trailer, semi-trailer or other equipment used to collect,
remove, transport or dispose of solid waste, and over any public way. street, avenue. road. alley
or highway.
I
4. "Person" means cvery natural person, I1nn, partnership, ass(lciuLiol1 (II' corporation:
3. "Waste collector" means any person who collects, removes, or transports commercial
solid waste or construction or demolition waste as defined herein;
I
2. "Construction and demolition waste" means waste or large bulky items, such as brush,
tree culLings, lumber, concrete, bricks, plulilbing lixtures, plastics and other waste genemted by
construction and demolition activities;
I
I. "Commercial solid waste" means all solid waste emanating from all units having zoning
classi licatiun other than low or medium intensity residclltialuses;
I
For the purposes oflhis Article the following terms shall have the meanings respectively
ascribed to them herein:
I
PEFINITION
SE{;TlON JJ"':2!l1
ARTICLE B
WASTE COLLECTOR PERMIT
I
SedionT~J~I There shall be adopted as lIew law ami codified as indicated the following
provisions;
I
~tiOlll One: Part 11, Utilities, Cimpter 2, Garbage ami Refuse Collection, of the Code
of Ordinances of the City of Owasso, Oklahoma, be llnd same are hereby amended a5 follows,
Sec!i<m i 1 ~202 shall be amended by deletion therefrom of the words "or commercial";
I
1JIi: IT OIWAINED BY THE CITY COUNCIL OFTlm CITY OF OWASSO,
OKLAHOMA, THAT, TO-WIT:
I
AN OIWINANCE HELATING TO PART n, UTILITiES,
ClIAi'TER 2, GAlmAGE ANI>> !U:FUS!~ COLLECTION, (W
THE CODE OF ORDINANCES OF TilE CITY OF
OKLAIIOMA, AMENDING SECTION 17~202 BY
DELETION OF COMMERCIAL SiTH~S TIIElmFROM,
AMENDING SAm CHAPTER BY AIJOI>>TING AS NEW
LA W n, WASTE PEHMIT,
nm. WASTF: cOI,u:cn)H IBERM!T, nm
FOR WASTE COLLECTOR PERMIT, WASTE
COLLECTION REGULATIONS, SPECIAL ORDERS OF
CITY MANAGlm, VNLA WFVL qlSF: OF STREETS,
I~ROVmING AN IMPLEMENTATION !MTE ANI>>
DECLARING AN EMERGENCY
I
OImlNANCE NUMBEH (>>JIi
I
CITY OF OWASSO, OKLAIIOMA
I
m
~
^. Waste collectors who in the course oftheir business provide containers for the
collection of solid waste shall display information on each container, such as a business name or
trade name which shall sumciently identify the permittee providing waste collection services to the
establishment using the waste container. Characters, lellers and numbers displaying the foregoing
information shall be at least two (2) inches tall, one-hal f (Yz) inch wide and applied in such a way
so as to hccmnc permanent. Charnc!ers shall he no lower thall twelve (12) inchcs frm!1 lhe
bottom of the container and shall be in a contrasting color to the container so as to be clearly
visible.
~
~
~
Wt\.STE COLLECTION RECHJLA.-.11QI'J_S
SJ~CTlQNj 7..2Q4
I
U. The permit referred to in Section 11-202 shall be issued for an indefinite period.o The
fee for the waste collection pemlit shall be payable to the City on a monthly basis on or before the
15th day of the month immediately succeeding collection service provision in the ~mount of three
dollars and 501100 ($3.50) per yard collected per month with compactors ulilized being at an
amount equal to 4 yards charged for every I yard of compacted volume. The waste collector
shall provide for the monthly remittance with a waste collector monthly report to be provided by
City. Should the City Clerk determine to deny a pemlit, or revoke same under authority ofthis
chapter, notice thereof shall be provided to the applicant/permittee containing such proposed
denial or rcvoc<ltinn and the reasons therefore. Revocation of any permit issued under this
chapter shall not be effective until the expiration often (10) days from the date of serving a notice
upon permittee of such revocation, absent an emergency situationo Any applicant denied a permit,
or permittee whose permit is revoked may appeal such denial or revocation to the City Council of
the City. Appeal from denial of application for permit or revocation of same shall occur upon
written notice requesting same addressed to the City Clerk within ten (10) days of the denial of
the application for permit or, as pertains to revocation of such pennit or within ten (10) days
preceding the elTective date of such revocation as above providetL In the event a permiHee shall
request an appeal before the City Council oftlle City regarding revocation of such permit,'the
effective dale of the revocation shall be stayed penuing determination thereof by the City Council
onlle City.
p
J
II
II
p
Any other information deemed necessary by the Director of Public Works of the
City.
IL
II
Name of liability insurance company amI plllk:y number; <lnd,
w.
9. Landfills used;
II
An attached schedule of all waste collection services, indicating type of solid waste
collected, site of collection;
8.
J1I
Current state safety inspection number:
70
Packer
(>>.
5, Color of cab and
4. Make. model and year ofeach truck;
JlI
Business and home phone number;
].
2. Business name ami address;
-
Name nml home adJrcss of the nprlicnnt;
I.
II
A, The wnsle collector permit, as refercnced nhovc. shall he iss\led hy the omcc of (he
City Clerk (II' the Cily. Applicntio1\s Ill!' s\lch permit shall im;lude the Itlll(lwillg illl'orllllllioll:
PERMIT ^I'I'LlCATION REVUIIZL.::rvtENl.::io ISSUANCE.UEJ''tlL\L.
~!i(,.Ll~tutLLL:~()l
II
Cleaners/photo finishing.
Bank, Sllvings llnd loan, credit union, A TM; am!,
Community Center/YMCA/YWCA/park;
14. Theater/sports stadium/convention center;
Ilntel/motd;
12. Supermarket/grocery store;
Restaurant/fast food establishment, etc.;
Utility operations induding substations, pump stnlions, elc.;
Medical facility, including labs, nursing homes, clinics, etc.;
Church/synagogue;
Public or private school or college;
Auto/truck/boat dealer, induding salvage, repair, parts and service stations;
5. Warehouse/storage facility;
Manufacturing company;
3. Apartment building/condominium/trailer park;
Retail shop/shopping center;
I. Office building;
17.
I
16.
15.
I
n.
I
II.
I
10.
I
9.
8.
I
7.
6.
I
4.
I
2.
I
I
D. Every licensed waste collector shall maintain a full, true, current and legible list of all
commercial customers that are provided waste collection services, which shall include an
itemization 0 the customer's names, service address, waste container s8ze or sizes, the frequency
of service measured in days peR" week, and a brief description of the type of customer or client
bdng served, such as:
I
4. Comply with all other requirements and restrictions imposed pursuant to the rules and
i'egulatkms of solid waste management adopted by the City Manager or City Council of the City.
I
3. Be required to be reasonably dean and sanitized ifthe vehicle is declared to be a health
hazard by the (,ity~County (-Ieallh Department or its duly authorized representative: <lml.
I
2. Be at least one hundred (! 00) feet from ;:my residential building. if parked over
six (6) consecutive hours, while containing a partial load OfSlllkl waste;
I
I. Be constructed ami maintained in such a manner m; will prevcnt any solid was!e from
falling or blowing out oCtile vehicle on to any public way, slreet avenue, alley, highway,
or any other or when being loaded or unloaded and shall be
and covered to any spill, fall or blowout fl'om the of collection
10 the point or I1nal
C. AllY vehiclc u::;ed in the collection, femovnl. tr:1iIsportntio!1 Of disp{lsal of solid waste
I
shall :
I
II. No persoll shall colkd allY solid Wtlstc illSidl' lhe !:orporatc limils oCthe !:ily within six
hundred (600) fect orany residential building unless it is ancr 6:00 A.M. and before 10:00 P.M.
I
I
2780.403,0111 w..lo enl reflllil
Ronald D. Cates. City Attorney
AI'PROVED AS TO FORM:
Marcia Boutwell, City Clerk
ATTEST:
By: ~
Mark Wilken. Mayor
CITY OF OWASSO, OKLAHOMA
PASSED this 4'h day of April, 2000, wHh the Emergency Clause voteo ami approved
separately.
Section 1'90ur: Due to the absence of provisions regulating private commercial solid
waste and construction and demolition debris collectors an emergency is hereby'declared to exist
whereby the provisions ofthis ordinance shall become eITective immediately upon passage and
publication as provided by law
2000.
~!<!lli~n Thrill The provisions oflhis onlimmcc will be implemented beginning May I,
Il is unlawful and a public offense for any person to haul or lram;port any trash, refuse,
ruhbish, garbage .md/or waste upon or over !lny of the streets, alleys ur highwnYllllf the City
unless such person shall first have procured a permit as herein provided.
USe OF STREETS
SUCTIQtlJ1~20(!
The ofthe is autlmrizrd and directed tll rules and
governing the collection of commercial solid Wl1~te ami cOilstructiem and demolition
waste within the City by waste collectors. Application for and acceptrmce of a waste collector
permit shall be deemed to constitute the permittee's acceptance oftlle provision oJthis chapter as
well as any rulcs and regulations promulgated pursuant hereto. Failure to adhere to the provisions
of this chapter, or any rules and regulations promulgated pursuant hereto shall constitute grounds
for denial or revocation ofthe permit
F. No person shall collect, remove or transport solid waste, including hazardous waste. in
a manner so as to scalier or spill such waste, either at the point of collection or while transporting
the same for disposal unless such waste is immediately retrieved and removed in its entirety.
Immediately afl.er collection, containers which have been used to store solid waste shall be closed,
with each lid 01' caller being reasonably
E. Any vehicle used in the: collection, removal. Iwnsp\lrtation or disposal of solid waste
within the jurisdiction and control of the City shall be subject to reasonable inspections initiated to
insure compliance with this section and conducted by duly authorized inspectors of the
Department ofl'ublic Works, the Police Department or tile City-County Hcalth Department
I
comlitig\sum-OWS.awc
YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER CONNECTED
WITH THIS SUIT OR YOUR ANSWER. SUCH ATTORNEY SHOULD BE CONSULTED
IMMEDIATELY SO THAT AN ANSWER MAY BE FILED WITHIN THE TIME LIMIT
STATED IN THIS SUMMONS.
C~ffi~ wj\~~MffR, ~9t1HniG~nty
BY~-L~ 4 -
Deputy Court Clerk
This Summons and Order were served on 9:... Y~.?I @J f t u
(Date of Service)
L4/A
(Signature Service Agent)
( SEAL)
day of August, 2001.
Issued this 31
You have been sued by the above named plaintiff(s) and you are
directed to file a written answer to the attached Petition and
Order in the Court at the above address within twenty (20) days
after service of this Summons upon you, exclusive of the day of
service. wi thin the same time, a copy of your answer must be
delivered or mailed to the attorney for the plaintiff. Unless you
answer the Petition within the time stated, judgment will be
rendered against you with costs of the action.
TO THE NAMED DEFENDANT: MAYOR OF THE CITY OF OWASSO
City Hall, Owasso, Oklahoma
RALPH W. WATKINS (PSl.-GG-113)
LAURA ROBERTS (PSl.OH54)
NSTATiWICE I.IOENSES"
Douglas L. Boyd, OBA #1020
1717 East Fifteenth Street
Tulsa, Oklahoma 74104~4565
Telephone: (9 ) 742-9580
ATTORNEY FOR PLAINTIFF:
. a '<>
)
)
)
)
)
)
)
)
)
)
)
'<"l-:...."
5
04
2001
CJ
Case No.
vs.
'>.'''."
ffff
p
'~~
. r-, ,
/ .';: jf r"/~r?r;717'r.tr-'
! "( , !..i':"L;...i'../LiJ//'~ t l
OUNTY "'_"""""1
c... S[p 042001 Ii/
}~: ~
AMERICAN WASTE CONTROL, INC.
an -~"' . . ,
IN THE DISTRICT COURT
IN THE DISTRICT COURT WITHIN AND FOR TULSA
STATE OF OKLAHOMA
COpy FOR SERVICE
from within Owasso, During a typical month, American will collect,
dispose of such commercial and construction and demolition waste
30 cubic yard capacity and 2 trucks to collect, transport and
3. American utilizes open roll-off containers of 16, 20 and
within the city limits of Owasso.
A portion of its business is conducted
and demolition waste.
and disposing of solid waste, including commercial and construction
2. American is in the business of collecting, transporting
relief against Owasso.
within Tulsa County, Oklahoma. American seeks declaratory relief
pursuant to 12 o.s. S1651 et. seq. American also seeks injunctive
Owasso is a municipal corporation
business in Tulsa, Oklahoma.
principal
Oklahoma, wi th
the state
the laws
and
z
a corporation
1.
and states as
of O'ltlaSSO ('uO\vasso"), al
cause
(!UAmericanW!) ,
COMES NOW the Plaintiff, American Waste Control, Inc.
PETITION FO!L_nEQL~'rQRY JUDGME~ AND INJU1iC_TION
h
;)
Case No C
AMERICAN WASTE CONTROL, INC, }
an ,)
)
)
)
vs. )
)
CITY OF OWASSO, an OK~anoma )
)
)
)
IN THE DISTRICT COURT WITHIN AND FOR TULSA COUNTY
STATE OF OKLAHOMA
2
and pays Owasso an average of $4,300.00 per month permit fee.
commercial and construction and demolition waste from within Owasso
ing solid waste by Owasso and now collects approximately 25% of the
6. American applied for and was issued a permit for collect-
the letter is attached hereto as Exhibit "Bul.
such commercial and construction and demolition waste. A copy of
in order to continue its collection, transportation and disposal of
requiring American to obtain the permit provided by said ordinance
informing American of the adoption of Ordinance No. 638 and
5. On April 17, 2001, American received from Owasso a letter
Exhibit IIAUI.
A copy of Ordinance No. 638 is attached hereto as
a permit.
such
has first
the city of Owasso,
or highways of
waste over the streets, al
or
offense to
a publ
rate; and
collected, with waste at four (4) times
cubic yard for such waste
permit being $3.50
maintain
an indefinite period of time with the monthly fee required to
for
permit be
.
,
a waste
of Owasso,
1
the
waste fro:m
or
or
collectg remove,
0.1 , thatg No one
No. 638,
1 4, 2001, OWasso
On
4.
OWasso.
limits
waster generated by approximately 45 customers, from sites within
transport and dispose of commercial and construction and demolition
,.
3
one
col
'tax
1 and vo
a 1
on
8.
7. No inspections of the vehicles of American nor any other
actions have been taken by Owasso to insure compliance with any of
the provisions of Ordinance No. 63Bu than the collection of
4
~
comlitiglpet.-ows.awc
74104--4565
(918) 742-9580
(918) 742-9530
the Court grant to American all other relief to which it may be
entitled.
the city limits of Owasso. (See Affidavit of Guy Blagg)
waste, generated by approximately 45 customers, from sites within
transport and dispose of commercial and construction and demolition
from within Owasso. During a typical month, American will collect,
dispose of such commercial and construction and demolition waste
30 cubic yard capacity and 2 trucks to collect, transport and
2. American utilizes open roll-off containers of 16, 20 and
Blagg attached hereto.)
conducted within the city limits of Owasso. (See Affidavit of Guy
A portion of Anlerican's business is
and demolition waste.
and disposing of solid waste, including commercial and construction
1. American is in the business of collecting, transporting
UNDISPUTED FACTS
lows:
as
to the
) ,
of OWasso
,
summary j
moves the
) 9
(
intiff, American Waste 9 Inc.
COMES NOW
PLAINTIFF'S FOR SUMMARY
JUDGMENT AN~~~~BINED BRIEF_~
.Jane P.
)
)
)
)
)
)
)
)
)
)
)
CI'I1Y
Case No. CJ 2001-4 53
VS0
,
P
DI,0.""l'PT0.rr., norTT-.'r-""<
'V ~ "oC 1,,; J '" , K' 1"-; J
_.~ r; u !.::o"....;".-"..
COUN'J1Y~ l! {.'~''''' IF 1,1
- ~ I;". ! , 'W.. .t"-JI
lWG ;] } 2001
8~LL Y I-{OWE S:cil7!i, ClJur:r CiJ:;,1'i
I ,jArt;: Or: OKLI\ IWGI\ (';I)IINrl"
AMERICAN WASTE CONTROL, INC.
an -". . .--. __u_. ~- ~ ---.
IN THE DISTRICT COURT WITHIN AND FOR TULSA
STATE OF OKLAHOMA
2
actions have been taken by Owasso to insure compliance with any of
6. No inspections of the vehicles of American nor any other
permit fee. (See affidavit of Guy Blagg)
within Owasso and paying Owasso an average of $4,300.00 per month
25% of the commercial and construction and demolition waste from
ing solid waste by Owasso and currently is collecting approximately
5. American applied for and was issued a permit for collect-
affidavit of Guy Blagg)
in order to continue its collection, transportation and disposal of
such commercial and construction and demolition waste. (See
requiring American to obtain the permit provided by said Ordinance
il1.forming American the adoption of Ordinance No. 638 and
from Owasso a letter
On April 17, 2000, American
4.
(See
a permit.
has
the
of Owasso, un
of
or
waste over the streets, al
sol
or
to
a
unlawful
that
.
,
(4) times
, with compacted waste
$3.50
t::o
of
an
f'or
be
t::hat
a waste collector
of OWaS~H),
1
waste from
or
sol
of
or
, remove,
No one
al
No. 638, which
On April 4, 2000, Owasso
3.
(See Affidavit of Guy Blagg)
3
Oklahoma municipal corporations are also given the power to
tax in certain situations. 68 O.S. S2701 et. seq. However the
imposition of those taxes requires the approval of a majority of
its citizens at a general or special election.
A. A municipal governing body may levy and collect a license
part as follows:
occupations enumerated in 11 o. S. [;22-1.06, which reads in pertinent
One such power is the power to collect a license tax on certain
The general powers granted Oklahoma municipal corporations are
contained in sections 22-101 et seq. Title 11, Oklahoma statutes.
OK 98, 498 P.2d 1395.
~~ Southeastern O&lahoma Industrial Authori~, 1972
9
P.
1979 OK 48, 593
or to
and can
but
no inherent power nor
An Oklahoma municipal
ORDINANCE 638 IS ILLEGAL AND VOID SINCE A LICENSE TAX
MAY NOT BE IMPOSED ON WASTE COLLECTION AND SAID
ORDINANCE IS A REVENUE RAISING MEASURE
747.
58p 876 P.
eN
1994 OJ\:
es
13p
:Rul(~
favor of t.hat
j
Court shall render
the
of
as a
led to j
the
as
1
If no
ARGUMENT AND
the permit fee. (See affidavit GUY Blagg)
the provisions of Ordinance No. 638, other than the collection of
4
City of Shawnee v. Reid Bro., 1949 OK 82, 207 P.2d 779, at page 780:
raising measure. The controlling principle of law is set forth in
forceable for the reason that it is undeniably a prohibited revenue
11 O.S. S22-106, the subject Ordinance would be void and unen-
Even if the occupation of waste collection was enumerated by
It has been the policy of this court without exception to
construe the above statute [now 11 o.s. S22-106] strictly
and to limit it to the business therein referred to.
(Emphasis supplied.)
Muskogee, the Court held at page 54 as follows:
parte Unger, 1909 OK 247, 98 P. 999. In Cain's Coffee v. CiUuot
450, 44 P.2d 50; Ex parte Stewart, 1933 OK 63, 18 P.2d 1054; Ex
the corporation. cain's Coffee Co. v. City of Muskogee, 1935 OK
resolved against
power granted to a municipal corporation is
the
any reasonable doubt as the
of power IJ
not
not to be extended to
construed/j
- :un; must be
The cases uniformly hold that
an
demolit
collecting commercial
noted that the occupation
an so~~c~~ors. ~ne ~axes so
and shall be
benefit of municipal as the may
direct.
tax on auctioneers /j contractors /j druggists /j hawkers /j
peddlers /j bankers /j brokers /j pawnbrokers /j merchants of all
kinds/j grocers/j confectioners/j restaurants/j butchers,
taverns, public boarding houses/j billiard tables, bowling
amusement /j /j hacks u
/j omnibuses /j
the municipality
of
5
45 customers utilizing 2 trucks. The revenue being generated from
as a "permit fee". American collects such waste from approximately
waste collected by American from within the city limits of Owasso
cubic yard tax on all commercial and construction and demolition
In the instant case Defendant city seeks to impose a $3.50 per
tion.
police in patrolling private clubs was not an expense of regula-
fee from $600.00 to $1,200.00 after finding that the time spent by
Court struck down an ordinance which raised the annual private club
In that case, the Oklahoma Supreme
1979 OK 118, 599 P.2d 406.
illustrated by Red Slipper Clubu Inc.~y. cit~ of Oklahoma city,
Where the exaction is imposed under power regulate
or in the exercise the police power, as distinguished
from power to tax for revenue, as ex~
plained, the 1 obtains that sum levied
cannot be excessive nor more .than necessary
cover the cost of granting of ing
proper police regulation . ..
The strict application the rule by Oklahoma courts
At Section 1102 of the same text in reference to the amount
that may be imposed, it is stated:
f
good.
As stated in McQUJoll
Sec. 1089:
It is conceded that power to impose a license fee rests
upon a proper exercise of a city's police power as
distinguished from its power to tax for revenue and that
the ordinance is sustainable only under the rule that a
municipal corporation under its power to regulate certain
occupations or businesses may license and charge a
to cover the of regulation.
6
OWasso.
revenue col ions Ordinance
not dedicated to any purpose. is assumed that a part of the
revenue ~s cover the issuing the license.
However this cost a de minimis amount. for the
waste the Ordinance is simple. (See
copy 01: t:.ne Appl to Defendant city" s
April 17g 2000.) Its ing is by necessity simple. Because
the permit is to issued for an indefinite period of time, only
one processing is required.
Likewiseg the regulations which govern the collection and
disposal of construction and demolition wasteg as stated in section
17-204 of the Ordinanceg are not complicated and are easily
enforced by ~xisting branches of Owasso governmentg such as the
Police and city Health Departmentg without additional expense to
Owasso. The regulations require, inter alia: that roll-off
containers be labeled; that solid waste not be collected within 600
feet of a residence before 6:00 a.m and after 10:00 p.m.; that the
vehicles used to collect trash be constructed so as to prevent
solid waste from falling from or blowing out of the vehicle; that
revenue
the
Americang who collects 25% of such waste within Owasso, is alone
approximately
7
interest on all production from wells within the city limits, In
addition pay to Hartshorne a 1/16 of 7/8 overriding royalty
operate an oil and gas well within the city limits of Hartshorne,
the operator must pay $100.00 annually, post a bond, and in
Hartshorne enacted an ordinance which provided that to drill or
attempt as stated in city of Hartshorne v. Marathon oil CO ..P supra.
thinly veiled attempt to generate revenue by enactment of the
Ordinance is reminiscent of the city of Hartshorne's similar
Owasso's
Priddy v. citY- of Tulsa, 1994 OK CR 63, 882 P.2d 81.
power of taxation and not the police power that is being exercised.
collector. In such a case the presumption is strong that it is the
of
qualify as a waste
the license
insurance and payment
the of an 1
important
the
to
in
enforce the re~ulations.
inspections nor taken other actions
no
Owasso has
months s
the 15
that
1
It
not
Hea
.
,
1
a 1
ma
the 1
.
,
z
a
to
if
of solid waste; that the vehicles be reasonably clean and sanitized
parked for over 6 consecutive hours while containing a partial load
the vehicle be parked no closer than 100 feet from a residence if
8
provides as follows:
This is clearly a violation of 47 o. S. &1148 which
permit.
makes it an offense to even haul trash through Owasso without a
collection of solid waste within the city limits of Owasso, it
Not only does the subject Ordinance raise revenue from the
It is unlawful and a public offense for any person to
haul or transport any trash, refuge, rubbish, garbage
and/or waste upon or over the streets, alleys or highways
of the city unless such person shall first have procured
a permit as herein provided.
provides:
section 17-206 ~Use of streets~ of the subject Ordinance
ORDINANCE 2340 VIOLATES TITLE 47 O.S. ~114S
regulation.
dependent entirely on the amount solid waste collected by
American and bears no relationship 'to the cost of licensing or
1
Owasso
In this case, amount
A current subsisting certificate of insurance in the
amount of no less than $500,000.00 be deposited with the
court clerk.~ These conditions are not contested and we
believe under city police power they constitute adequate
physical regulation to protect the public's welfare. Any
further fees in the shape of required royalty payments
must be considered revenue producing taxation forbidden
statute.
and unenforceable the Oklahoma Supreme Court held at page 99:
holding the overriding royalty provision of the ordinance invalid
9
Title 47, S 1101 et seq.
2
Tulsa passed an ordinance, the principal purpose of which, was to
~97, is a recent case interpreting the above section. The city of
Miljack" Inc. v. city of Tulsa, 1992 OK CN APP 9, 839 P.2d
in traffic is heavy continuous
and the powers given authorities regulate
vehicles offered to the public for hire or proces~
sions! assemblages! or parades in the streets or public
places shall remain in full force and effect. Local
authorities may set aside a specified public highway or
highways for speed contests or races to be given under
proper restrictions for the safety of the public and may
exclude by ordinance or regulation vehicles used exclu-
sively commercial purposes from the parks and
parkways of this state, provided such ordinance or
regulation is applicable equally and generally to all
other vehicles used for the same purpose. The local
authorities may exclude vehicles from any cemetery or
ground used for burial of the dead. cities and towns may
regulate the speed of vehicles within their corporate
limits; and that as to streets and highways within the
corporate limits which have been constructed or recon-
structed with state or federal funds, local authorities
shall have joint authority with the Transportation
Commission to establish or alter speed limits. No local
authority shall impose speed limits of any such street or
highway substantially lower than those justified by the
highway design, capacity, and traffic volume as deter-
mined by engineering studies. A municipality may issue
licenses authorizing the parking or unloading of vehicles
in zones on streets restricted for loading, unloading or
commercial use.
The local authorities of cities and towns of this state
shall have no power to pass, enforce, or maintain any
ordinances, rules, or regulations requiring from any
owner to whom this act is applicable any tax, fee,
license, or permit for the free use of the public
highways or excluding or prohibiting any vehic regis-
tered in compliance with act or the accessories used
thereon from the use the public highways, and no
way contrary to or
this !:2 now
- or
10
regulate waste collectors; and it illegally prohibits use of the
hundreds of times in excess of that required to license and
authorizing licensing taxes; it raises revenue in an amount
a license tax on an occupation not enumerated by the statute
The subject ordinance is clearly violative of law. It imposes
CONCLUSION
at page 55:
Equity by injunction will interfere to prevent the
enforcement of an illegal and oppressive ordinance where
it is made to appear that valuable property rights are
invaded and irreparable injury will result from its
enforcement.
rule is set forth in Cain's CQt"fee__CQL v .~i ty of Muskogee, supra
lawful business thereby irreparably damaging it. The applicable
right conduct a
Ordinance against American interferes with
subject
clear that
IS ENTITLED TO INJUNCTIVE RELIEF
The road question here was uncontrovertedly shown to
be a road used by the . As such, 47 O.S.
. 1985 S1148 is appl and Ordinance 16822
199:
court
judgment
In
of
a
to
and
an off~a
lees
the :Eee.
f the
a
'l'hat is f the more use of the road to the
highway
use
on a
ca
were to
contract with the city Tulsa or the Tulsa Airport Authority.
fix a license fee on those who did not have a lease or concessional
11
eomlitig\mot.sjow .awe
(66dU~BA #1020
1717 East Fi teenth street
Tulsa, Oklahoma 74104~4565
Telephone: (918) 742-9580
Facsimile: (918) 742~9530
Attorney for Plaintiff
able and oining Owasso from the enforcement of same against
subj
judgment
i L
this fact for section 17~205 of the Ordinance provides in part
that: liApplication and a col permit
shall be deemed to the fS of the
of s a \1J'ell as any rules and regu
II
streets of Owasso. The author of the Ordinance no doubt recognized
4. On April 4f 2000, the City of Owasso enacted Ordinance
the city of Owasso.
waste, generated by approximately 45 customers, from sites within
transport and dispose of commercial and construction and demolition
from within Owasso. During a typical month, American will collect,
30 cubic yard capacity and 2 trucks to collect, transport and
dispose of such commercial and construction and demolition waste
3. American utilizes open roll-off containers of 16, 20 and
conducted from within the city limits of Owasso, Oklahoma.
A portion of American's business is
and demolition waste.
and disposing of solid waste, including commercial and construction
2. American is in the business of collecting, transporting
("American II) .
Manager American Waste Control, Inc.,
L I am the
sworn my
Iu
)
) sSG
)
COUNTY OF TULSA
STATE OF OKLAHOMA
Jane Po
AMERICAN WASTE CONTROL, INC. )
an 0)
)
Plaintiffu )
)
vs. )
)
CITY OF OWASSOg an )
)
)
)
2001-,4653
Case No.
IN THE DISTRICT COURT WITHIN AND FOR TULSA COUNTY
STATE OF OKLAHOMA
Oklahoma Department of Transportation.
inspection by the Federal Department of Transportation and the
7. That the trucks belonging to American are subject to
an average of $4,300.00 per month permit fee.
demolition waste from within the city of Owasso and paying Owasso
of approximately 25% of the commercial and construction and
ing solid waste by City and is currently collecting and disposing
6. American applied for and was issued a permit for collect-
Exhibit ilB".
the city of Owasso. A copy of the letter is attached hereto as
such commercial and construction and demolition waste from within
in to continue its collection, transportation and disposal of
to the
AIDer
No. 638 and
of the ion of
from Owasso a letter
1 17, 2000 Q
On
5.
sa
.
u
a
O'\tlasso;
demolition waste from within the city limits of
collect; remove, transport or dispose of commercial solid waste or
No. 638, which ordinance provides, inter alia, that: No one may
3f i day
-~"
me
stV'orn
SAI'1'H NOT.
cooilitigWf '{)\vs.awe
My Commiss :
2001.
F'tJRTHER
EXHIBIT
.!l "All
D
D
:1
l'here i:1 ~ ~ to be Wued to limY qualified ~n.1l1'lider the lenns md
coOOitioml hen or. ~ W~ ColltlCUlr Penni! which .MIl sp:citicaUy 1Ilu.tfwrize wch perron
~lli the p<<:mUl W, under the Clmcrol and 1!1l~ of the City, rollect, remove, tmnsport
rmd/or dl~ of comm~iaJ solid wure 91l&Of eonmucdoo and demoUdoo WlUtl3 from within
tOO City.
S. "Ve lide" ~ MY' md. tnIiler, ~i-nikt OS" ~her equipment wed to eollecl,
reml)'IJe. ~~ Of ~ of $llUd ~ aM@VU my public 'Mi'J, ~ lI!~lre, roM, alley
Of high..w:y.
SECTION 17-:m W j\S1E COLLECTOR PERMIT
4. "~00fi" ~ ft:'JU'I ~ ~ arm. ~ip,lWlOCiatioo (lf~ioo;
J. "Wisre ooI1eetM'" ~ MY pmon .....00 ~ m:'OO~ Of ~ru commercial
$OM ~ Of I~Q~tm::doo ordcmolilioo ~ u ~ ~n:
2. "Co~!Wd demolition ~.. ~ WMte or illKgt: bulky items, 5Ul:h IilS bMh,
tree ~ It~,~, brida. plumbing~. plms!ics mnd otber ~ genemled by
~ mid ~lidoo ~vi~:
i. "Commm:lm! frolic.! wmsW" ma.w dI wlid ~ ~ from all units imring :waing
cWmifiwioo ~ ilier tbm low or medium ~ty ~idm1iml ~;
For the ~ ofthi! Afticlt'!llhe foilmNfug ~ mhrili MW: !he meMIing.!J reipeclively
.uai~ to ~n bmin: .
~ml pEFlNmON
ARTICLEB
WA~COUEcroRP~
I!Illl MW ll!l!.w ud oodilled I!Illl indi~ ~
~~lbe
.
BE rr ORDAINED BY Tm CITY COUNCIL OF 11m (,Tt'Y OF
OiKLAHOiMJ", mAT@ 11)..WIT:
~~ PlUi 11, U~ ~1. ~c &1M RJ:!\m! Col~ @{theCooe
oforo~ rnftbeCity @f~. Otd~ Iwmd ~ 1m: ~ ~ ti folklws,
Section 11.20:: ~I be ~ed by deU:tlon ilimlftool, or~ wooh "Of eommertial";
AN ORDINANCE rotLA 'nNG 1'01 PART 1'7. UTIUTIES,
~ 1. GAMAGE AND REFUSE COLLECTION. OF
"fm': CODE OF ORDINANCES OF mE crrv OF
OW~ O"Kl.AHOMA. AMX.NDmG SECTION n.11l2 BY
DltUTION OFCOMMERCAL 8~ '1'UEREFROM.
AMENDING SAID CB.A1'TER BY ADOP11NG AS NEW
LAW W ASTI. COl.LECTOR PERMIT.
APnJCAll0N roll WASI'1t COLLECTOR POMIT, FEE
FOR WA1S;rE COLLECTOR PERMn'. W~
RlOOULAnONS. 8PE(.~ ORDUS OF
crrY MANAGElta UNLA wrm. VSE OF
PROVIDING AN ~AnON DATE AND
DttLAmNG AN EMERG&NCY
ORDiNANCE NUMBER 638
~ ({J fP'i/
CITY OF OWA,SSO, OKLAHOMA
@J04
04/11100 15:22 fAX 2724996
A. Wi_ ~wOO in~~ ofthcir~provide~~ for the
oo~ mSlIlid ~ lIhdI ~ ~ Mc:ada ~. sud1/1lS III ~ 1Wl1e<<
~ ~ whim,,1 ~ identifY 1M pmnittee providftll mOO: oolledioo ~ 00 die
~ I~ aM wute c:oolainef. ~ Idt.ern IWd lItl1t1bm di9p]ayin8 the foregoing
~ mhllll:le at ~ two (2) inches caU, ~<*) men wide md ~ in ~ II way
00 a to ~e ~ ~ shall be no Iowcz tlw1 twdve (12) i.nehes from <<he
00twm oft.f:w (~and ldmIl 00 in III cootrIWlng color to 2be container w ~ to be dwiy
vinibk.
8. 1'be ~ refum:d w in Section 11-'2.02 Will be u~ for 1m indefinite period.. 1k
f," .fW ~~:t: oolkWoo permit ~ 00 ~le to the Clty M III aoornhly !mil 00 Of bdoo: riM:
ISI@J dq o(the :oomh ~I)' ~ roUectioo ~ ~ in the mnoWlt of!.hree
OOIllm &md SOIlOO (S3.Sil) p<<)'Vd collected pt'lIf mooth with <<:OOlplllC~ udlimi being 1M If!
~ ~ tJ 4 ~ c~ fur ew.ry I ywJ of~ volume. 1'bl: ~ oolkdor
:lbWl proWIe thl'the mootbly remi~ with II, ~ oolledoc moo!hly report to be provided by
City. SOOWd he City Clm ~ CO deny m permit.<< rewke WM ~ .!Wdl<<i!y of this
~. ~ ibttoofWll he ~ to tb.Il ~~ ~ m:h proposed
&nW M nMX~md the ~~. ~ of MY pemUt bsood under lIDs
~ WlIl1!1lt be dfedivc until tho ~ oftM (10) d&yI from the date of mving IIllWice
upoo pemU~ @fwch ~ioo. ~ M ~ $it1WitJn. Any appIitlllU denied Ii pem1it.
l)t ~ w:~ ~ UI ~ may ~ Iueh dmW<< ~ 00 the City COllllCil of
tM Ch1. App a! from denim! @f ~iWUm foe pemtit Of ~tioo of IWM shall 0l:CW' upon
writtm nodoo I~ ~ ~ 00 the City Clerk within ten (10) days of the denial of
the ~ (<<pmnit elf, U pem.im W ~ of mch penM <<within tm(IO) da}f$
~i~ dw<< a~ve ~ of $'iICh ~ a Move provided. In the ew:nt !R pegmiu," slvill
~ M mppnd ~ the City Coo.ncil oflbc Clty'~ ~ ofwcl1 pmnil" the
effildive ~ (.(the ~oo sMlI 00 Dyed ~ ~oo thawf by die City COOlER!
oh~ City.
SECTION 1'7-:~ WAEl"E COLLECTION REGUl.ATIONS
I i. Any ~ ~iM ~ ~ by Ih@ Dimctor@[Publit: W@rb afllre
City.
iO, N~oflOOlity ~ ~ rmd
9. l<mdlfdll1:
of wild wla$le
.4.M ~ .!dredule of filii W!i$ie roU~
::ol1~ mte of roll~oot
I,
~nl m~
1.
(;, ~
"
s. :::ob@f~;md
4. ~g! ;md yut @f ach
:li,3mlll~ Md boos@
'1 :)ttlri~~tUui~;
t ;'-l~ Md hmne ~ gfthe
Ii, TIle ~ rol.kdor pe:m.rit" mll ~ !i!~, ~l be i~ by ant: Office of tlu:
Clm <<lfttl:~ City. AW~ fur:mch lllWB Al)Ch.lae tlu: in1'ormalioo:
iill...C1'!OIi rNtll ~ APPLICATION REOU1R.EMENTS, ISSUANCE.IlIili!61.
~05
0-1117/00 15:22 FAX 272HHl6
11. ~l~pholo linbhing.
IS. :::ommunity Center/YMCAlYWCNpark;
Hi. Brmk. ~ings !Uld 10lln, credit union, A TM~ iWd,
14. Thealef/apMs !lwliumlcoovenUon ~
12 ~~efJ~ s1ore;
B J. Horellmotcl;
10. Utility ~om mduding ~om. pump mtioos. etc.;
B I. ~f"d food ~isbmel1t. ~.;
9. ~icm !3cHity. including lYIOO, mning homd. diNes. ett:.;
8. :tmn:bI~o~;
" ~c Of private ~hool or colh:ge;
6. I\uiohmddl:)()& demer, mciw:ling salvage, upIlir, pa1U lIlt! ~ slntioos;
S, Wm~sto~ facility;
3. l\p&1mfflt lmi.ldinwcondomWum/tntiler
4. ~w~wm~
1. ~B .mop/shopping center;
I. ::I i'&e building;
.
410 Comply wid! id1 otOOr ~ts tmd remictimu im~ ~Il@ !hi.: roles mld
~~ i)tll~l.ld ~ ~ ~ by lIw City ~ w City Cmmcil of the CiIY.
D. E~'Y I~ ~ ool~ mMll tntdnWn II, full. troe, ~ Md Iqgib~ Ii~ of all
(;W~ tluil m providOO ~ wlkdioo ~ wbicl!. WII incltllk 1m
@ dEl c~'ll ~ ~ ~ ~ ~ m @I' $i~ lhe freqUt:llC}'
((>>C~ mwmed in, ~ pm" ~ tmd la @ftb€l ~
walU:
IO~
H~ili.
3. &l
lw'Md
ck:M mud llMitiud lf~ ~ is OO:~ 10 be II, hal!h
Of its
~
:LBe
~i~ (6)
over
1. 84:: e;00Sl~ mdI ~~ itl wch III ~!!Cl) win pn;venllWY wlid ww;tc from
&Uing or blowmg.1JoU1 oftM vdtic!e 011 W my public '!Jlftfl'Y, ~ !!lw:n!l4:, liIlIey, highWl'lY,
<< rmy ~~ pubiw M' when ~ m" ~ed lU'td dulll be
. i@ my will. fiill or blow out from \hg:
shllll:
C. An) vehicle W>td in the wllectioo, remgwl. ~mlion or dispom of solid wasik:
I
B. No IletsOll.mall collect MY wEd waste iMide the corpornlc limits oflbe city wilhill six
~(600) l:dofmy re5identW building tmldS il is l!fter6:00 A.M. Md befol'e 10:00 P.M.
l4J06
114/17/00 l5: 22 FAX 2724996
1~.<ri_..,j~
=~
D. em: I., City Attorney
By: ~t.uJ. (J~
M&t Wilken. Mayor
CITY OF OW ASSO, OKLAHOMA
~bm. Doo to the s~ (jfprovwom! reguliWng priwte ~i!l1 solid
wute IWd ~.~ IWd deroolitioo ~ collec~ m emcIgO'.ll:)' is hereby ~l&red to exisa
~ !he pl'tmsiom of this; ordinmc.e !lMllllfJComt: effective imm.ediatdy upon ~e and
pWlicar.W!.l U J rovidOO by law
PASSED thi3 4l!l day ()f April, :WOO, with the Em~y Chll.!sc voted Md approved
~.
2000.
1'00 ~ ofi..lili! omi~ will 00 impl~ied beginning M!1Y I,
It il\! mdmful Md Ii publk o~ ~noifl. to MuI m- my
mNl~ pmqc 1HJJY0f ~ ~ m-OVtt my (lfthe~, 1!I1I~ Of @Cthe City
~ ~ pa'1Ilm au fint have !'l perntit &\ ~ provided.
nw Ci~1 ti!~ smd ~led W ml~ llmd
theml~ $Clid ~ Md ~ llmd daoolitioo
~ within rh~ City by 'lllfUttl mll~. ~lion fm- md ~ cflll ~ mllectOf
~t dWi 00 ~ to ~tute the p::m1i~'$l ~ @ftoo provimoo oflhis ~ as
1AIdiu M)'~81iM~mw~ ~~. Fmlw:e I@ ~ tn the provimoos
@(~~,@l'my~imd ~ prom~~ ~ WI.I.l ~Me IP"~
fm-dMW m- ~~@flbe pmnil
F. No i~ duill ool.i~ remove 01:' ~ molid wate" mclwding ~m W~, iifl.
a ~ 00l ms m ~ 1Iucl1 ~, eitiw' at the [If mllectioll m while IrnFI$portllilg
tOO~ ~i1I ~&nd~mitil
~ whi.ch bVf! beUI ~ to $:.1.00;: OOllid ~ dmll 00
wh~ @lI ~~ ~.
E. Any vehicle u:kd in the oolledion, removal, tnImpofUltion or dispoSlll.! of solid waste
wilhin !he juris.1iction and coolrol of !he City mall be subject to reasonable inspections initialed 10
l.o.mre rompu.ll!~ with tlW; ~ md conducted by duly 1Wilimi:red inKputm~ of !be
f!}f ~Mie W~, tM: folia: @t' the City.coOOl.)' Health DepJU1meK1t.
fm07
04/17/00 15:22 r.~x 2724996
~
.tJ
.tJ
.fl
EXHIBIT
/I r""'II. II
Section 11~206 ofth~~ ordirumce states:
It is unlawful and a public offerJSe for any person to haul or traI:Isport any trash,
refuse, rubbish, garbage and/or waste upon or over my of the streets, alleys or
highways ofthe City unless such person shall first have procured a pennit.
.. RemlatioM for the collection of waste are listed (Section 17-2(4).
" fermit application requirem.ents are detailed (Section 11-203A);
A waste collection pemrit ~ shall be payable month)y (on or before the 1 Sill day of
the montl: immediately following when collection service was provided) in the
amount 0:: $3.50 F yard collected (Section 17~203B); md
"
" A WliLSt~ CoJlector Permit will be issued for the collection, removal, ttm1Sport ami/or
disposal <<: f commercial. solid waste and/or construction and demolition waste from
within th~, city (Section 11-202);
Provisions of the oroaw:u:::e ~ effective May 1,2000;;md include the following:
April :he Council of the City of OWalZSO approved Ordiriance (copy
attached) relating to the collection of commen::::ial solid waste and romttuctionldemolition
waste. With implem~tWoo of permit fees, companies meeting specific permitting criteria will
be able to establish customer ~ with tile city limits. Fees fur services will! be
(
d~ by each e;ompmy. Individually. customers will have the ability to determine which
company provides them the most desirable type of service and cost. The City of Owasso will
00 longer bill customers.
Mr. Blagg:
PERMIT FOR COl.LECTING SOLID
wasso
17,
(91S) 212.2251
fAX(918)212~999
201 Sooth Celdaw
PO &1<< 100
Ow~u@, OK
~02
04/17/00 15:22 FAX 2724996
cc: City Manager
City Attomer
City Clerk
F. Robert Carr, Jr., F.E.
Public Works Direct,>!
~ ~'-(~
Sincerely,
CITY OF OWASSO PUBLIC WORKS DEPARTMENT
Please review the att~hed information and application. If you should Mve any questiow,
contact this office at 2724959.
The City of Owasoo an obligation to protect the health and safety of citizens and businesses.
Ai;, a result, through Ihe permitting process. controls will be enforced on waste collectors that
ensure adequate:;md appropriate ~ce win be maintained. Waste Collector Collection and
Permit Requiremenu: have been promulgated and made n part of the Permit Application for this
pmpo3e,
In conformance with Section 17@203B of Ordirumce 638. the monthly permit fee will be
calculated at the ~ablished rate of$3,50 per yard collected. The initial monthly p-ermit fee will
be payable on or be~m~ June 15. 2000. Each permitted collector will be required to submit a list
of aillcx:atiom served in the preceding month using City of Owasso Form SW2-04/00 attached
to this letter. A permit fee schedule to be used in completing the form is included.
f'onsidered in nonCQIllx:ll1iance.
Page 2
for Collecting Solid Waste
April 17, 2000
14103
llV17/00 l5:22 FAX 2724996
"OiM E;WHWOO
Prld",l'f9'l_
S~ by:
0-
ne~&$4eal!:0~b~ei~4M4~OO~ ..,.~ ~3fltde.o~fti/~f!JJ1lfigChvfii1~~
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u..__II_.
b~&
~~
~iI*
~~~I
~T~
ON~~
l'iJlK;y~
~~
~'
-
-
~'!'~oo
CITY OF OWASSO
SOLID WASTE COLLECTOR
APPUCAilON
~#-
~---
~ i~tl<WJ
!'ltw!MlI<! MdreM
rn__lill_
14108
04117/00 15:.22 FAX 2i24996
04117/00 15:22 FAX 2724996 I4l () 9
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wasw and waste collection,
disposal within the City
on application
:,t Waste collecOOn Jermlf feB~ shall be payable monthly 00 or before the 1 day of the
immediately following when collection services wera provided (Sedlan 11~203B). Failure to
submit the raquin~ reporting form and foo payment will result in immediate denial or
revocation af the permit. Permits are renewable monthly upon payment af th~ permit fee.
4. ContaiMrn provided aoo vehh:::ms usoo to coiled: waste within the city by permitted
cclledorn will 00 ~uimd ta 00 furnished and maintained in confoomllal with Ordinance
838. Sootion 11 =:~ = Waste Canadian Regulations. The ama surrounding each container
will be appropriat~ maintained by the cclledor to ensure no unsecured debris is present.
O::mtainern shalllJe reasonably clean and sanitized at all times.
:t
1. TIle City of has an obligation to protect ~ health and safety of citizens and
businesses. As g result. through the permitting process, controls wiJI be enforood on waste
colledom that emura appropriate will rnaintaln~d.
TIle following procedJras are promulgated in conformance with City of Owasso. Oklahof'T'la
Ordinance 638. dated April 4, 2000:
W8STE COLLECTOR COLLECI:ION AND E-ERMIT REQUIREMEt:ITS
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The staffwiU recommend Trustee approval of Resolution #2002-06.
2. Consideration and Appropriate Action Relating to OPW A Resolution #2002-06, a
Resolution of the Owasso Public Works AuthOlity Authorizing Two (2) Loans from the
Oklahoma Water Resources Board in the Combined Total Aggregate Principal Amount of
Not to Exceed $2,604,236; Approving the Issuance of Two (2) Promissory Notes in the
Combined Total Aggregate Principal Amount of Not to Exceed $2,604,236, Secured by a
Pledge of Revenues and Authorizing Their Execution; Designating the Local Trustee;
Approving and AuthOlizing the Execution of Two (2) Loan Agreements; Approving and
Authorizing the Execution of a Series 2002B Supplemental Note Indenture; Approving and
Authorizing the Execution of a Secmity Agreement; Ratifying a Lease, as Amended by an
Amendment to Lease; Approving Various Covenants; Approving and Authorizing Payment
of Fees and Expenses; Establishing the AuthOlity's Reasonable Expectations with Respect
to the Issuance of Tax-Exempt Obligations in Calendar Year 2002; Authorizing Documents
Pertaining to a Y ear-to- Year Pledge of Certain Sales Tax Revenue; and Containing Other
Provisions Relating Thereto.
Ms. Bishop
Mr. McDonald
Attachment #2
I. Call to Order & Roll Call
Chainnan Brogdon
AGENDA
11 , and
at 4:00
Meeting
filed
1
Special
November 18,2002
5:00 p.m.
Owasso City Hall
Main Conference
TYPE OF MEETING:
DATE:
TIME:
PUBLIC NOTICE OF THE MEETING OF THE
OWASSO PUBLIC WORKS AUTHORITY
3. Adjournment.
Owasso Public Works Authority
November 18, 2002
Page 2
Resolution No 2002-06
ATTACHMENT:
Staff recommends that Trustees approve Resolution No 2002-06 authorizing a loan from the O\\(RB.
RECOMMENDA TION:
OPW A Resolution No 2002-06: authOlizes two loans with the OWRB; approves the issuance of two
promissory notes; approves and authorizes payment of fees and expenses; and approves and authOlizes
vaIious other documents and actions necessary to complete the financing.
The financing with the OWRB will actually consist of two loans; one has a lower interest rate. Final
amounts for all costs and fees associated with the loan closing are not available yet, so the resolution
authorizes a loan amount "not to exceed" $2,604,236. OPW A Resolution No 2002-06 authOlizes a
loan from the OWRB. City of Owasso Resolution No. 2002-11 approves action taken by the OPW A
authorizing the loan.
The OPW A Trustees authorized an application with the OWRB for inteIim construction financing for
the Phase IIB project in March 2001. Interim financing was approved by the OPW A Trustees and the
City Council in October 2001. In October 2002, the Trustees approved an application with the OWRB
for permanent financing for the Phase lIB project. OPW A Resolution No. 2002-06 would approve
permanent financing for the project.
All of these projects have been financed through the Oklahoma Water Resources Board (OWRB). 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 and wastewater projects.
To fund planned improvements to the wastewater utility system, Trustees approved a series of rate
increases in May of 2000. That funding has paid for financing for Phase lIA improvements to the
wastewater treatment facility, the Ator Relief line and the Phase IIB interim construction financing.
BACKGRQUND:
1
SHERRY BISHOP
HONORABLE CHAIR AND TRUSTEES
OW ASSO PUBLIC WORKS AUTHORITY
TO:
MEMORANDUM
Section 1. Issuance of Notes. The Borrower is hereby authorized to accept said loans and
issue its 2002A Note and 2002B Note (collectively, the "Notes") payable to the Board. The
combined principal amount of the Notes shall not exceed $2,604,236 and the interest rate on the
2002B Note shall be a fixed rate of interest not to exceed an average rate of 6.00 %, with said final
principal amount and interest rate to be approved pursuant to a Certificate of Determination to be
NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OW ASSO
PUBLIC WORKS AUTHORITY, TULSA COUNTY, OKLAHOMA:
WHEREAS, the Board has approved a loan application of the BOlTOwer and the BOlTower
has determined to bOlTOW money from the Board for the purpose of refinancing the outstanding
principal amount of the Construction Note and to evidence such loan by the issuance of (i) the
BOlTower's Series 2002A Clean Water SRF Promissory Note to Oklahoma Water Resources Board
in the original principal amount of not to exceed $939,236 (the "2002A Note") and (ii) the
BOlTower's Series 2002B Promissory Note to Oklahoma Water Resources Board in the original
principal amount of not to exceed $1,665,000 (the "2002B Note"), said Notes being secured by a
pledge of revenue derived from BOlTower's water, sanitary sewer, garbage and trash collection
systems and the Bailey Ranch Golf~Club (hereinafter collectively the "System") and the revenue
generated pursuant to a two percent (2%) sales tax received by the BOlTower from the City, which
sales tax is levied pursuant to Ordinance No. 103 of the City, as amended by Ordinance No. 153 of
said City (the "Limited Sales Tax Revenue").
WHEREAS, the Borrower is authorized and has determined to construct improvements to
the Borrower's wastewater system (the "Project") in order to better serve the customers of said
BOlTower and in payment of part of the cost thereof, the BOlTower heretofore bOlTowed funds
pursuant to an SRF interim construction loan (the "Construction Loan") from the Oklahoma Water
Resources Board (the "Board"), which Construction Loan is evidenced by (i) the Borrower's Selies
200lD Interim Construction Clean Water SRF Promissory Note dated November 30, 2001, and
issued in the original principal amount of $1,413,089 and (ii) the BOlTower's Series 200lE Clean
Water SRF Interim Construction Bond Loan Promissory Note to Oklahoma Water Resources
Board dated November 30, 2001, in the original principal amount of $935,000 (collectively, the
"Construction Note"); and
WHEREAS, The Owasso Public Works Authority, Tulsa County, Oklahoma (the
"Bon-ower"), was organized under Title 60, Oklahoma Stat1ltes 2001, Sections 176-180.4, as
amended, for the purpose of furthering the public functions of the City of Owasso, Oklahoma (the
"City"); and
A RESOLUTION OF THE OW ASSO PUBLIC WORKS AUTHORITY
AUTHORIZING TWO (2) LOANS FROM THE OKLAHOMA WATER
RESOURCES BOARD IN THE COMBINED TOTAL AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED $2,604,236; APPROVING THE ISSUANCE OF
TWO (2) PROMISSORY NOTES IN THE COMBINED TOTAL AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $2,604,236, SECURED BY A
PLEDGE OF REVENUES AND AUTHORIZING THEIR EXECUTION;
DESIGNATIT-TG THE LOCAL TRUSTEE; APPROVING AND AlJTHORIZING
THE EXECUTION OF TWO (2) LOAN AGREEMENTS; APPROVING A.!\ID
AUTHORIZING THE EXECUTION OF A SERIES 2002B SUPPLEMENTAL NOTE
INDENTURE; APPROVING AND AUTHORlZING THE EXECUTION OF A
SECURITY AGREEMENT; RATIFYING A LEASE, AS AMENI>ED BY AN
AMENDMENT TO LEASE; APPROVING VARIOUS COVENANTS; APPROVING
AND AUTHORIZING PAYMENT OF FEES AND EXPENSES; ESTABLISHING
THE AUTHORlTY'S REASONABLE EXPECTATIONS WITH RESPECT TO THE
ISSUANCE OF TAX-EXE:MPT OBLIGATIONS IN CALENDAR YEAR 2002;
AUTHORIZING DOCUMENTS PERTAINING TO A YEAR~TO-YEAR PLEDGE
OF CERTAIN SALES TAX REVENUE; AND CONTAINING OTI-IER
PROVISIONS RELATING THERETO.
RESOLUTION NO. 2002-06
THE OW ASSO PUBLIC WORKS AUTHORITY
2
Section 9. Certificate of Designation. The Borrower anticipates that the total anlOunt of tax-
exempt obligations (other than private activity bonds) issued by the Borrower or other issuers on
behalf of the City of Owasso, Oklahoma will not exceed $5,000,000 for calendar year 2002 and
Section 8. Fees and Expenses. Upon closing of the referenced loans, the officers of the
Borrower are hereby authorized to disburse (from loan proceeds or other available funds of the
Borrower) lillto the Borrower's Financial Advisor, COlillsel to the Borrower, the Local Trustee,
Bond COlillsel and the Board certain fees and expenses, including accrued interest, accmed
administrative fees, and conversion costs pertaining to converting certain of the Board's Bonds
from a variable rate to a fixed interest rate, all as set forth on Exhibit "A" hereto.
Section 7. Lease. The Lease dated July 31, 1973, as amended by an Amendment to Lease
dated as of July 1, 1996, between the City of Owasso, Oklahoma, and the Borrower, whereby the
City leased its water, sanitary sewer, garbage and trash collection systems and the Bailey Ranch
Golf Club to the Borrower, is hereby ratified and confirmed and the term of said Lease, as
amended, shall extend lilltil the Notes are paid.
Section 6. Covenants of BOlT ower. Until payment in full of the Notes and perfonnance of all
obligations owing to the Board under the Loan Agreements and the instruments executed pursuant
hereto, unless the Board shall otherwise consent in writing, the Borrower hereby represents its
intent to abide by and cany out the covenants contained in the Indenture, the Security Agreement
and the Loan Agreements, which covenants are incorporated herein in their entirety.
Section 5. Execution of Security Agreement. The Security Agreement, by and between the
Board and the BOlTower (the "Security Agreement"), whereby the BOlTower gives a subordinate
security interest in celiain revenues of the System to the Board to secure payment on the 2002A
Note is hereby approved and the Chairperson or Vice Chairperson and Secretary or Assistant
Secretary are hereby authorized to execute same for and on behalf of the BOlTower, and do all other
lawful things to cany out the terms and conditions of said Security Agreement.
Section 4. Execution of Se11es 2002B Supplemental Note Indentur~. The Selles 2002B
Supplemental Note Indenture, by and between the Borrower and the Local Trustee (which
supplements and amends the General Bond Indenture dated as of December 1, 1997 between said
parties and as heretofore supplemented and amended), pertaining to the 2002B Note is hereby
approved and the Chairperson or Vice Chairperson and Secretary or Assistant Secretary are hereby
authorized to execute same for and on behalf of the Borrower, and to do all other lawful things to
cany out the tenllS and conditions of said Series 2002B Supplemental Note Indenture. The General
Bond Indenture as heretofore supplemented and amended and as supplemented pursuant to the
tenllS of the Series 2002B Supplemental Note Indenture shall be referred to herein collectively as
the "Indenture".
Section 3. Execution of Loan Agreement and Loan Agreement For Clean Water SRF Loan.
The LO&>1 Agreement For Clean Water SRI' Loan &'1d the Loan AgTeement, both by and between
the BOIT'ower and the Board (collectively, the "Loan Agreements") are hereby approved and the
Chairperson or Vice Chairperson and Secretary or Assistant Secretary are hereby authorized to
execute sarfle for and on behalf of the Borrower, and to do all other lawful things to cany out the
terms and conditions of said Loan Agreements.
Section ~, Designation of Local TlUste~. The BOlTower hereby designates Bank One Trust
Company, N.A.. to serve as the Local Trustee of certain funds in relation to the 2002B Note.
executed by the Chairman or Vice Chairman of the Bon-ower. The Notes will be secured by a lien
on the revenues of the System and a year-to-year pledge of the Limited Sales Tax Revenue, with
said lien positions being described in the doclUllents securing the Notes. The officers of the
Borrower are hereby authorized and directed to execute said Notes and to do any and all lawful
things to effect said loans and secure said loans from the Board. The 2002A Note shall bear interest
at a zero percent (0%) interest rate, plus a one-half of Ol1e percent (1/2%) annual administrative fee
on the outstanding principal amount of said 2002A Note.
3
Stephen P. Gray, Authority Attorney
APPROVED AS TO FORM:
- -
Marcia Boutwell, SecretalY
ATTEST:
Randall C. Brogdon, Chairperson
(SEAL)
THE OW ASSO PUBLIC WORKS
AUTHORITY
APPROVED AND ADOPTED THIS 18TH DA YOF NOVEMBER, 2002.
SectioILll. Necessary Action. The Chairperson or Vice Chairperson and SecretalY or
Assistant SecretalY of the BOlTower al.e hereby further authorized on behalf of the BOlTower to
approve the disbursement of the proceeds of the Notes and other funds of the Bon-ower in
cOilllection with the issuance of the Notes and the accomplishment of the transaction contemplated
herein, and fUl'iher, to accept, receive, execnte, attest, seal and deliver the above mentioned
documents and all additional documentation, certifications and insnuments and to take such further
actions as may be required in connection with the transactions contemplated hereby, and are further
authorized to approve and make any changes to the documents approved by this Resolution, for and
on behalf of the Borrower, the execution and delivery of such documents being conclusive as to the
approval of allY terms contained therein.
Section 10. Sales Tax Pledge. That the Chairperson or Vice Chairperson alld Secretary or
Assistant Secretary ofthe Bon-ower be and are hereby authorized to execute and deliver any and all
documentation on behalf ofthe Bonower pertaining to the year-to-year pledge of the Limited Sales
Tax Revenue for purposes of securing the Notes.
hereby authorizes the Chairperson or Vice Chairperson and Secretary or Assistant Secretary to
execute and deliver on behalf ofthe Bon-ower a Certificate of Designation to that effect.
To be established
Pursuant to Closing
Order of Borrower
$2,500.00
financial advisory fee is 1.25% of principal
amount of Notes issued, plus reimbursement
for out of pocket expenses in the amount of
$500.00
legal fee is 1.25% principal amount of
Notes issued, plus reimbursement for out of
pocket expenses in the amount of$I,937.65
2
Oklahoma Water Resources Board
Accrued Interest, Administrative Fee, and
Fixed Rate Conversion Costs
Oklahoma Water Resources Board
Rating Fee
Wells Nelson & Associates, LLC
Financial Advisory Fee and Reimbursement
For Out-of-Pocket Expenses
&
Legal and Reimbursement
Out~.of-Pocket Expenses
Banle Trust Company, NA
Acceptance
An..rmal
Fees and Expenses Paid at Closing
EXHIBIT "A"
3. Adjournment.
The staff will recommend City Council approval of Resolution #2002-11.
2. Consideration and Appropriate Action Relating to Resolution #2002-11, a Resolution
Approving Action Taken by the Owasso Public Works Authority Authorizing Issuance,
Sale and Delivery of Two (2) Promissory Notes of the Authority to the Oklahoma Water
Resources Board; Ratifying a Certain Lease, as Amended; Establishing the City's
Reasonable Expectations with Respect to the Issuance of Tax-Exempt Obligations on
Behalf of Said City in Calendar Year 2002; Authorizing Documents Peltaining to a Year-
to- Year Pledge of Celiain Sales Tax Revenue; and Containing Other Provisions Related
Thereto.
Ms. Bishop
Mr. McDonald
Attachment #2
1. Call to Order & Roll Call
Mayor Brogdon
AGENDA
Meeting called by the Mayor at 9:00 a.m. on Monday, November 11, 2002 and notice and
agenda filed the the and on the bulletin at 4:00
on 2002.
Special
November 18, 2002
5:00 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
Resolution No 2002-11
A TT ACHMENTS:
Staff recommends Council approval of Resolution No 2002-11 approving action taken by the OPW A
authorizing a loan from the OWRB.
RECOMMENDATION:
The financing with the OWRB will actually consist of two loans; one has a lower interest rate. Final
amounts for all costs and fees associated with the loan closing are not available yet, so the resolution
authorizes a loan amount "not to exceed" $2,604,236. OPW A Resolution No 2002-06 authorizes a
loan from the OWRB. City of Owasso Resolution No. 2002-11 approves action taken by the OPW A
authOlizing the loan.
The OPW A Trustees authorized an application with the OWRB for interim construction financing for
the Phase IIB project in March 2001. Interim financing was approved by the OPW A Trustees and the
City Council in October 2001. In October 2002, the Trustees approved an application with the OWRB
for permanent financing for the Phase lIB project. OPW A Resolution No. 2002-06 would approve
pelmanent financing for the project.
All of these projects have been financed through the Oklahoma Water Resources Board (OWRB).
OWRB operates the State Revolving Fund (SRF) loan program and the Financial Assistance Program
(FAP). These programs provide low interest financing for eligible water and wastewater projects.
To fund planned improvements to the wastewater utility system, Trustees approved a series of rate
increases in May of 2000. That funding has paid for financing for Phase UA improvements to the
wastewater treatment facility, the Ator Relief line and the Phase lIB interim construction financing.
BACKGROUND:
HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
MEMORANDUM
Section 5. Sales Tax Pledge. That the Mayor or Vice Mayor and City Clerk or Assistant City
Clerk be and are hereby authorized to execute and deliver any and all documentation on behalf of
the City pertaining to a year-to-year pledge of certain sales tax revenue levied pursuant to
Ordinance No. 103 of the City, as amended by Ordinance No. 153 of the City.
Section 4. Certificate of Designation. The City anticipates that the total amount of tax-
exempt obligations (other than private activity bonds) issued by the Authority or other issuers on
behalf of said City will not exceed $5,000,000 for calendar year 2002, and the City hereby
irrevocably allocates to the Authority not to exceed $1,665,000 of the City's $5,000,000 exemption
from the rebate requirements pursuant to Section 148(f)(4)(D) of the Internal Revenue Code of
1986, as amended, and authorizes the Mayor or Vice Mayor and City Clerk or Assistant City Clerk
to execute and deliver on behalf ofthe City a Certificate of Designation to that effect.
Section 3. Lease. The Lease dated July 31, 1973, as amended by an Amendment to Lease
dated as of July 1, 1996, between the City and the Authority, whereby the City leases its water,
sanitary sewer, garbage and trash collection systems and the Bailey Ranch Golf Club to the
Authority, is hereby ratified and confirmed and the tenn of said Lease, as amended, shall extend
until the Notes are paid.
Section 2. Approval. That all actions heretofore taken by the Authority in connection with
the issuance, sale and delivery of the 2002A Note and the 2002B Note (collectively, the "Notes"),
and all other aspects of the transaction be and are hereby authorized, approved and ratified.
Section I. Issuance of Notes. That the issuance, sale and delivery of (i) The Owasso Public
Works Authority, Tulsa County, Oklahoma, Series 2002A Clean Water SRF Promissory Note to
Oklahoma Water Resources Board in the principal amount of not to exceed $939,236 (the "2002A
Note") and (ii) The Owasso Public Works Authority, Tulsa County, Oklahoma, Series 2002B
Promissory Note to Oklahoma Water Resources Board in the principal amount of not to exceed
$1,665,000 (the "2002B Note"), all as approved by said Authority on November 18, 2002, be and
hereby are authorized, approved and ratified.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OWASSO, OKLAHOMA THAT:
WHEREAS, the Mayor and City Council hereby determine that the actions taken by the
Authority should be authorized and approved.
The Owasso Public Works Authority (the "Authority") did, by its Resolution
adopted on November 18, 2002, authorize the issuance, sale and delivery of its (i) Series 2002A
Clean Water SRF Promissory Note to Oklahoma Water Resources Board and (ii) Series 2002B
Promissory Note to Oklahoma Water Resources Board, in order to refinance the outstanding
principal amount of (i) the Authority's Series 200ID Interim Construction Clean Water SRF
Promissory Note to Oklahoma Water Resources Board and (ii) the Authority's Series 200lE Clean
Water SRF Interim Construction Bond Loan Promissory Note to Oklahoma Water Resources
Board, both of which financed improvements to the Authority's wastewater system; and
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OW ASSO,
OKLAHOMA, APPROVING ACTION TAKEN BY THE OWASSO PUBLIC
WORKS AUTHORITY AUTHORIZING ISSUANCE, SALE AND DELIVERY OF
TWO (2) PROMISSORY NOTES OF THE AlJTHORlTY TO THE OKLAHOMA
WATER RESOURCES BOARD; RATIFYING A CERTAIN LEASE, AS
AMENDED; ESTABLISHING THE CITY'S REASONABLE EXPECTATIONS
WITH RESPECT TO THE ISSUANCE OF TAX-EXEMPT OBLIGATIONS ON
BEHALF OF SAID CTI'Y IN CALENDAR YEAR 2002; AUTHORT7,ING
DOCUMENTS PERTAINING TO A YEAR-TO-YEAR PLEDGE OF CERTAIN
SALES TAX REVENUE; AND CONTAINING OTHER PROVISIONS RELATED
THERETO.
RESOLUTION NO.2002-11
CITY OF OW ASSO, OKLAHOMA
2
Stephen P. Gray, City Attorney
APPROVED AS TO FORM:
Marcia Boutwell, City Clerk
ATTEST:
Randall
(SEAL)
OKLAHOMA
CITY OF
APPROVED AND ADOPTED this 18th day of November, 2002.
Section 6. 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 2002A Note and the 2002B Note and all other aspects of the
transaction.