SPECIAL MEETING OF THE

BARTLESVILLE CITY COUNCIL City Hall, Council Chambers

401 S. Johnstone Avenue Bartlesville, Oklahoma 74003

Monday, May 6, 2013 7 p.m.

Mayor Tom Gorman

(918) 338-4282

AGENDA

1. Call to order the business meeting of the Bartlesville City Council by Mayor Gorman.

2. Roll Call and Establishment of a Quorum.

3. The invocation will be provided by Pastor Jason Elmore, Friday Nite Church.

4. Citizens to be heard.

5. City Council Announcements and Proclamations. • National Volunteer Week April 21-27. 2013

6. Authorities, Boards, Commissions and Committee Openings

• One opening on the Construction and Fire Code Appeals Board • One opening on the Hazard Mitigation Planning Committee- Ward 4 • Four openings on the Sanitary Sewer Improvement Oversight Committee

7. Consent Docket

a. Approval of Minutes i. The Regular Meeting Minutes of April 1, 2013

b. Appointments and Reappointments to Authorities, Boards, Commissions and Committees i. Reappointment of Mr. Lindel Fields, Mr. Todd Mathes, Mr. Mike Dunlap, Mr. Dennis Halpin, Mr.

Guy Sutherland, Mr. Harvey Little and Mr. Pat Moore to additional three-year terms on the Tax Incentive District Review Committee also known as Local Development Act Review Committee at the recommendation of Councilman Mike McGrew.

ii. Appointment of Dr. Erin Tullos, Mr. Phil Bates and Mr. Kevin Potter to three-year terms on the Bartlesville Ambulance Commission.

iii. Appointment of Ms. Rita Thurman Barnes to a three year term on the Bartlesville Area History Museum Trust Authority.

c. Approval of Contracts i. Between the City of Bartlesville and Southwestern Bell Telephone Company d/b/a AT&T

Oklahoma to upgrade its existing facilities and equipment and provide IP platform of voice, data, information and video services, among other things, within the geographic boundaries of the City.

ii. Amendment #1 to a Professional Service Contract with Keleher Architects for design services in conjunction with the proposed Operation Yard Improvements at 5th and Margarite.

iii. Tower Lease Agreement between the City of Bartlesville and KCD Towers LLC. d. Receipt of Bids i. Bid #2012-2013-018 - In-Vehicle Video Surveillance and File Management System

8. Discuss and take possible action on a Bartlesville Development Corporation recommendation to allocate $150,000 incentive from the Economic Development Fund for a forgivable loan to Husky Portable Containment for the construction of a new manufacturing facility in the Bartlesville Industrial Park. Presented by David Wood, President, Bartlesville Development Corporation.

9. Consider and take action on a Citizen Participation Plan for FY 2013 CDGB Small Cities Set-Aside Program. Presented by Natasha Riley, Assistant City Planner.

10. Discuss and take action on a recommendation from the City’s Ad Hoc Audit RFP Reviewing Committee. Presented by the City Council.

11. Discuss and take action to amend Resolution 2551 reducing the number of members on the Sanitary Sewer Oversight Committee from nine to seven. Presented by Councilman Mike McGrew.

12. Discuss and take action to approve an Exchange of Services Agreement between the Board of County Commissioners of Washington County and the City of Bartlesville pertaining specifically to the Washington County Detention Center. Presented by Jerry Maddux, City Attorney.

13. New Business.

14. City Manager and Staff Reports.

15. City Council Comments and Inquiries.

16. Adjournment. The Agenda was received and filed in the Office of the City Clerk and posted in prominent public view at City Hall at 5 p.m. on Thursday, May 2, 2013.

/s/ Elaine Banes Michael Bailey, City Clerk by Elaine Banes, Deputy City Clerk Administrative Director/CFO

All discussion items are subject to possible action by the City Council. Agenda items requiring a public hearing as required by law will be so noted. The City Council may at their discretion change the order of the business agenda items. City of Bartlesville encourages participation from all its citizens. If participation at any public meeting is not possible due to a disability, notification to the City Clerk at least one working day prior to the scheduled meeting is encouraged to make the necessary accommodations. The City may waive this rule if signing is not the necessary accommodation.

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WHEREAS, the entire community can inspire, equip and mobilize people to take action that changes the world; and WHEREAS, volunteers can connect with local community service opportunities through hundreds of community service organizations like RSVP; and WHEREAS, individuals and communities are at the center of social change, discovering their power to make a difference; and WHEREAS, during this week, all over the nation, service projects will be performed and volunteers recognized for their commitment to service; and WHEREAS, the giving of oneself in service to another empowers the giver and the recipient; and WHEREAS, experience teaches us that government by itself cannot solve all of our nation’s social problems; and WHEREAS, our country’s volunteer force of over 63 million people is a great treasure and volunteers are vital to our future as a caring and productive nation. NOW THEREFORE, the Bartlesville City Council does hereby officially proclaim the week of April 21-27, 2013 as “National Volunteer Week” and urge all citizens to volunteer in their respective community. By volunteering and recognizing those who serve, we can replace disconnection with understanding and compassion. IN WITNESS WHEREOF, we hereunto set our hands and caused the Official Seal of the City of Bartlesville, Oklahoma, to be affixed this 6th day of May, in the year of our Lord two thousand and thirteen.

__________________________

Ted Lockin, Ward 1 and Vice Mayor

__________________________ Mike McGrew, Ward 2

__________________________

Tom Gorman, Ward 3 and Mayor

___________________________ Eddie Mason, Ward 4

__________________________ __

Dale Copeland, Ward 5

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BARTLESVILLE CITY COUNCIL REGULAR MEETING MINUTES

Monday, April 1, 2013

City Hall, Council Chambers 401 S. Johnstone Avenue

Bartlesville, Oklahoma 74003

(Notice of this meeting was posted on Thursday, March 28, 2013 at 5:00 p.m.) ______________________________________________________________________________________________

City Council Members Present: Mayor Tom Gorman, Vice Mayor Ted Lockin, Mike McGrew,

Dale Copeland, Eddie Mason Guest: Mike Bouvier, Washington County Commissioner City Staff Present: Ed Gordon, City Manager, Jerry Maddux, City Attorney; Mike

Bailey, Administrative Director/CFO; Terry Lauritsen, Director of Engineering and Water Utilities; Micah Siemers, Engineering Services Supervisor and Elaine Banes, Executive Assistant.

1. The Bartlesville City Council meeting was called to order at 7:00 p.m. by Mayor

Gorman. 2. Roll Call and establishment of a quorum. Roll call was conducted and a quorum was established. 3. Invocation provided by Pastor Tari Carbaugh. 4. Citizens to be heard. Jim Mills provided his input on downtown landscaping issues, and on the CIP projects

included in the half-cent sales tax extension presentation. Prophet Clark provided comments including scripture and prayers for the City. 5. City Council Announcements and/or Proclamations.

• Mayor Gorman presented the Fair Housing Month April 2013 Proclamation. • Councilman McGrew presented the Sexual Assault Awareness Month April 2013

Proclamation. Appreciation was expressed by the City Council to Barbara Turner, Executive Director and Brenda Williamson, Chairperson of the Family Crisis and Counseling Center and to all of the staff and volunteers of this organization.

• Mayor Gorman presented the Civitan Awareness Month April 2013 Proclamation. Appreciation was expressed by the City Council to Barbara Hadden, Bartlesville Civitan Club and to all the staff and volunteers of the organization.

6. Authorities, Boards, Commissions and Committee Openings.

• Two openings on the Ambulance Commission

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• One opening on the Bartlesville Area History Museum • One opening on the Construction and Fire Code Appeals Board • One opening on the Hazard Mitigation Planning Committee-Ward 4 • Four openings on the Sanitary Sewer Improvement Oversight Committee

The Mayor announced these openings and encouraged citizens to obtain an application from the City’s website or from the City Manager’s office. The Mayor provided his appreciation to all the volunteers who serve on the many City committees and on other organizations.

7. Consent Docket

a. Approval of Minutes i. The Special Meeting Minutes of Monday, March 18, 2013.

b. Approval of Appointments and Reappointments to Authorities, Boards,

Commissions and Committees. i. Appointment of James Veit for a three year term on the Community Center

Trust Authority at the recommendation of Councilman Dale Copeland. ii. Appointment of Laura Higbee to a three year term on the Bartlesville

Development Authority at the recommendation of Mayor Gorman. iii. Reappointment of Joshua J. Means and Kevin Carter for an additional

three year term on the Bartlesville Development Authority at the recommendation of Mayor Gorman.

c. Approval of Contract i. Professional service contract with Dewberry Architects, Inc. for Design of

the Public Safety Complex at 6th Street and Johnstone Avenue. ii. Professional service contract with BKL, Inc. for Structural Inspection and

Analysis of the observation tower at Sooner Park. d. Approval of Easement i. Underground utility easement for AEP-PSO at MJ Lee Soccer Fields. e. Receipt of Financials i. Interim Financial Statements for seven months ended January 31, 2013 ii. Interim Financial Statements for eight months ended February 28, 2013.

Mr. McGrew moved to approve the consent docket, seconded by Vice Mayor Lockin. Voting Aye: Mr. Mason, Mr. Copeland, Mr. McGrew, Vice Mayor Lockin, Mayor

Gorman Voting Nay: None Motion: Passed 8. Discuss, receive public input and take action designating 70% and 30% projects

for the Half Cent (1/2) Sales Tax Extension Election. Presented by Terry Lauritsen, Director of Engineering and Water Utilities.

Mr. Lauritsen provided the 2008 half cent priority projects first pointing out that the few

projects not marked as completed are fully funded, but will be completed within the next

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year. He also provided a report showing all CIP projects completed since the half cent extension began in 1999, totaling $32 million spent year-to-date. He then provided the staff recommended projects that will be included in the seven year option of the half cent sales tax extension. These projects were brought forward by staff and the volunteers who serve on the City’s authorities, boards, commissions, and committees. Mr. Lauritsen reported that $2,736,000 will be spent on equipment needs; $2,250,000 on drainage needs; $2,462,500 on facilities and Community Center needs; $6,100,000 on Park needs; $7,550,000 on Street needs. The overall total is $21,098,500 with revenue projected at $21,105,148.

Discussion covered the completion of the 2008 remaining projects as well as how the

improvements to Sooner Pool are discretionary and that the drawing used in the presentation was conceptual, not actual. Mr. Lauritsen stated that when the time came for the pool improvements, the actual plans will be approved and recommended by the Park Board.

Mr. Gordon inquired as to how much was left of the funds that the Bartlesville

Redevelopment Trust Authority (BRTA) uses for incentives for downtown development or redevelopment (approved by voters in 2005). Mr. Lauritsen reported there was approximately $170 to $180 thousand left. The improvements to 2nd Street are still in the planning stages, and Mr. Gordon and Mr. Lauritsen confirmed that the BRTA oversees these funds.

The Mayor opened the floor to the public at 7:42 p.m. There being no one appear to

speak, the Mayor closed the public input portion of the item at 7:42 p.m. Mayor Gorman addressed the needs of the Art Center located in Johnstone Park by

reporting that the City has funds set aside for building maintenance, and the repairs requested for the Art Center would be handled by that fund. Therefore, the improvements to this particular building will not be listed in the half cent extension capital improvement projects.

Mr. McGrew moved to approve the designated 70% and 30% projects as presented, seconded by Mr. Copeland.

Voting Aye: Mr. Copeland, Mr. McGrew, Vice Mayor Lockin, Mr. Mason, Mayor

Gorman. Voting Nay: None Motion: Passed 9. Consider and take action with respect to a resolution authorizing the calling and

holding of an election on June 11, 2013 in the City of Bartlesville, State of Oklahoma, for the purpose of submitting to the registered qualified electors of said city the question of approval or rejection of Ordinance No. 3304 of the city relating to the extension of a one-half of one percent (1/2%) excise tax (sales tax) through June 30, 3021, as more specifically set out in Ordinance No. 3304 of said city; and containing other provisions relating thereto. Presented by Mike Bailey, Administrative Director/CFO.

Mr. Bailey reported that the Special Election Proclamation and Notice, and the

Resolution were required by law. These documents provide that the voters will vote on

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June 11, 2013 to extend the half cent sales tax for an additional seven years- effective July 1, 2014 and extending through June 30, 2021, as specifically set out in Ordinance No. 3304.

Mr. McGrew moved to approve the resolution authorizing the calling and holding of an

election on June 11, 2013 as presented, seconded by Vice Mayor Lockin. Mr. Copeland stated that by addressing the projects and holding the election one year

prior to expiration of previous extension provides planning opportunities and continuity. Voting Aye: Mr. McGrew, Vice Mayor Lockin, Mr. Mason, Mr. Copeland, Mayor

Gorman. Voting Nay: None Motion: Passed 10. Consider and take action to adopt an ordinance extending the levy of a one-half

of one percent sales tax which tax is currently levied and authorized by Ordinance 2716 and extended by Ordinance 2784, Ordinance 3001, Ordinance 3097, and Ordinance 3264 in addition to all other state, county and city sale taxes upon the gross proceeds or gross receipts derived from all sales to any person taxable under the sales tax law of Oklahoma including but not limited to certain enumerated sales listed therein; providing for subsisting state permits; providing for the purpose of the tax and earmarking the same; providing for effective date and duration of said tax; incorporating certain provisions of prior city ordinances; authorizing City Council to make administrative and technical changes and additions; making the tax cumulative; providing severability of provisions; requiring approval of this ordinance by a majority of registered qualified electors voting at an election held for such purposes as provided by law; and containing other provisions related thereto. Presented by Mike Bailey, Administrative Director/CFO.

Mr. Bailey reported that this action does not represent a tax increase, but just an

extension of the existing half cent sales tax used for capital improvement projects. Mr. McGrew commented that these projects cannot be afforded on the City’s operational budget; therefore the half cent is well used to maintain and improve the City. Mr. Bailey added that City Attorney Maddux and the City’s Municipal Finance Attorney Alan Brooks has reviewed all the documents and found them correct.

Mr. Gordon commented that the Community Center was built 30 years ago using a one

cent sales tax for five years. This initiative funded the building and endowment that they operated on. Mr. Copeland shared that the community’s investment in the Community Center all those years ago has benefited Bartlesville a great deal over the past 30 years. He added that the Community Center is well known regionally, nationally and even worldwide and considered to be a shining star to Bartlesville and the surrounding communities.

Mr. McGrew moved to adopt Ordinance 3304 as presented, seconded by Mr. Copeland. Voting Aye: Vice Mayor Lockin, Mr. Mason, Mr. Copeland, Mr. McGrew, Mayor

Gorman. Voting Nay: None

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Motion: Passed Vice Mayor Lockin commented that now the City will need to get this information out to

the public. Mayor Gorman reported that he is speaking to the Civitan Club this week and that additional speaking venues will be sought out for other Council members and staff to attend and bring this information forward.

11. Discuss and take action to approve a Resolution of Support for H.R. 684

Marketplace Fairness Act (E-Fairness) by Rep. Steve Womak (R-AR) (and 47 cosponsors). Presented by Councilman Dale Copeland.

Mr. Copeland reported that healthy retail competition is a good thing, but that there are

times it gets out-of-balance. He continued by saying that the internet has brought about many challenges, one being when people purchase items and the businesses are not collecting and submitting sales tax on those items to the cities and towns it belongs to. There is also a Senate Bill that mirrors the House Bill and both are gaining bipartisan support to amend the 1992 Supreme Court decision that says a city cannot collect sales tax unless the business has a location in that city.

Mr. Copeland added that Oklahoma’s cities and towns are heavily dependent on sales

tax for operations. He added also that this is unfair to those businesses that support the community by collecting sales tax, as well as by supporting the schools, arts and all other aspects of their community. It has been estimated that Bartlesville loses $890,000 each year due to uncollected sales tax revenue from internet purchases. He concluded that this would not be a new tax, but would simply be requiring businesses to collect and submit sales tax which is that it is owed.

Mayor Gorman stated that the when he was researching the information, he was struck

about how Oklahoma is a rarity in the nation in that its cities rely only on sales tax to operate. The impact of not collecting this tax is much greater to Oklahoma cities than it is in other states of the nation.

Mr. McGrew reported he has found many people are not aware that by purchasing

items on the internet and not paying tax is illegal and considered tax evasion. Mr. Copeland commended Jessica Miller, City Editor to the Examiner-Enterprise, on the

job well done on her article about this item for the newspaper. Mr. Copeland moved to approve a Resolution of Support for H.R. 684 as presented,

seconded by Vice Mayor Lockin. Mayor Gorman stated his appreciation to Mr. Copeland for his diligence in researching

and bringing this forward. Voting Aye: Mr. Mason, Mr. Copeland, Mr. McGrew, Vice Mayor Lockin, Mayor

Gorman. Voting Nay: None Motion: Passed 12. Discuss and take possible action on a recommendation for the City’s Ad Hoc

Audit RFP Reviewing Committee. Presented by Councilman Dale Copeland.

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This item was pulled from the agenda. 13. New Business There was no new business. 14. City Manager and Staff Reports Terry Lauritsen provided an update on the improved water levels at Hulah and Hudson

Lakes. We are now up to 70%. Voluntary water conservation is still in effect. Mr. Gordon provided the information for the upcoming Spring Clean-up from April 6-13;

the Operation Clean-House for disposal of hazardous materials on April 20; and reported that the polycarts will begin distribution April 15.

15. Remarks and Inquiries by Council Members. Mr. Mason reported that Hulah Lake looked much improved when he visited yesterday. Mr. McGrew asked for prayers for the family of a reserve officer whose son died

recently. The Mayor remarked he would now go and wash his vehicle since the lake levels were

improved. 16. Adjournment. There being no further business to conduct, Mayor Gorman adjourned the meeting at

8:25 p.m. Mayor Tom Gorman Mike Bailey, Administrative Director/CFO

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Memo To: Mayor and City Council From: Mike McGrew, City Council

CC: Ed Gordon, City Manager Date: May 2, 2013

Subject: Reappointments to Tax Incentive District Review Committee also known as Local Development Act Review Committee

I would like to recommend the reappointments of the following Committee Members:

Lindel Fields

Todd Mathes

Mike Dunlap

Dennis Halpin

Guy Sutherland

Harvey Little

Pat Moore

Please place these appointments on the next City Council Agenda.

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AGREEMENT This Agreement (“Agreement”) is made and entered into this 15th day of April, 2013, by and between the CITY OF BARTLESVILLE, a municipal corporation, hereinafter referred to as the “City,” and SOUTHWESTERN BELL TELEPHONE COMPANY, a Delaware Corporation, doing business as AT&T Oklahoma, hereinafter referred to as “AT&T Oklahoma” or “Company,” with AT&T Oklahoma and City sometimes separately referred to hereinafter as a “party,” and sometimes collectively as “parties.”

WHEREAS, every telephone or telegraph corporation authorized to conduct transportation or transmission business under the laws of the State of Oklahoma for such purpose has the right to construct and operate between any points in this State pursuant to Article IX, Section 2 of the Constitution of the State of Oklahoma and Title 18, § 601, subject to control of the proper municipal authorities as to what grounds, streets, alleys or highways said lines shall run over or across, and the place the poles to support the wires are located; WHEREAS, AT&T Oklahoma represents that it desires to upgrade its existing facilities and equipment, and install new facilities and equipment, and further represents that it offers, among other things, an integrated internet protocol (“IP”) platform of voice, data, information and video services (the video component of which is switched, two-way, point-to-point and interactive and is referred to herein as the “IP-enabled Video Service”) within the geographic boundaries of the City; WHEREAS, AT&T Oklahoma takes the position, based on Okla. Const. Article IX, §2 and 18, Okla. Stat. §601, and other applicable law, that it is not required to obtain authorization from the City in order to provide its IP-enabled Video Service; however, notwithstanding its position, as stated above, in consideration of the forbearance of litigation by the City in relation to the provision of IP-enabled Video Service by AT&T Oklahoma within the City and the City’s agreement to follow its normal permitting practices with respect to installation of facilities that may be used in whole or in part to provide IP-enabled Video Services, AT&T Oklahoma is willing to enter into this Agreement and to pay an IP-enabled Video Services Provider Fee as set forth more fully below so that both AT&T Oklahoma and the City can achieve the full benefits that competition and the availability of such services will bring to the community and citizens of the City; and WHEREAS, in consideration of the payment of the IP-enabled Video Services Provider Fee by AT&T Oklahoma to the City and the forbearance of litigation by AT&T Oklahoma in relation to the provision of IP-enabled Video Service by AT&T Oklahoma within the City, the City is willing to enter into this Agreement; and

WHEREAS, the parties understand and agree that neither party shall be deemed to have waived any of its legal rights by entering into this Agreement except as expressly provided herein;

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NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements hereinafter set forth, the parties agree as follows: 1. Term of Agreement: This non-exclusive Agreement shall take effect upon approval hereof by AT&T Oklahoma and by the City Council of the City and shall be effective for a term of five (5) years thereafter, _________, 2018. Prior to the end of this term, the parties agree to enter into good faith negotiations regarding a possible renewal and/or modification and/or extension of this Agreement. 2. Nature of Agreement:

(A) No privilege or exemption shall be granted or conferred by this Agreement except those specifically prescribed herein.

(B) Any right or power in, or duty impressed upon, any officer, employee, department, or board of the City by this Agreement shall be subject to transfer by the City to any other officer, employee, department, or board of the City.

(C) This Agreement shall not relieve AT&T Oklahoma of any existing obligations involved in obtaining permits, pole or conduit space from any department of the City, utility company, or from others maintaining utilities in streets.

(D) This Agreement shall be a privilege to be held in personal trust by AT&T Oklahoma for the benefit of the public. Said privilege cannot in any event be sold, transferred, leased, assigned or disposed of (except to an affiliate of AT&T Oklahoma), including but not limited to, by forced or voluntary sale, merger, consolidation, receivership or other means without the prior written consent of the City, and then only under such conditions as the City may establish. Such consent as required by the City shall not, however, be unreasonably withheld.

3. Obligations of AT&T:

(A) During the term of this Agreement, AT&T Oklahoma shall pay to City a fee equal to 5% of the gross revenues of AT&T Oklahoma and its affiliates collected from each subscriber to AT&T Oklahoma’s IP-enabled Video Services product, and 5% of the portion of gross revenues from advertising which are defined in subsection 3(A)(3), below; the fee (“IP-enabled Video Services Provider Fee”) may be identified and passed through on any subscriber bill by AT&T Oklahoma, and all such fees collected will be forwarded to City quarterly and shall be due forty-five (45) days after the end of each quarter.

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(1) For purposes of this Agreement, gross revenues are limited to the following: (i) recurring charges for IP-enabled Video Services;

(ii) event-based charges for IP-enabled Video Services, including but not limited to pay-per-view and video-on-demand charges;

(iii) rental of set top boxes and other IP-enabled Video Services equipment;

(iv) service charges related to the provision of IP-enabled Video Services, including, but not limited to, activation, installation, and repair; and

(v) administrative charges related to the provision of IP-enabled Video Services, including, but not limited to, service order and service termination charges;

(vi) amounts billed to IP-enabled Video Services subscribers to recover the IP-enabled Video Services Provider Fee authorized by this section.

(2) For purposes of this Agreement, gross revenues do not include:

(i) Uncollectible fees, provided that all or part of uncollectible fees which is written off as bad debt but subsequently collected, less expenses of collection, shall be included in gross revenues in the period collected;

(ii) late payment fees; (iii) revenues from contracts for in-home maintenance service

unless they relate solely to maintenance on equipment used only for the provisioning of IP-enabled Video Services and not for the provisioning of any other service provided by AT&T Oklahoma or its affiliates;

(iv) amounts billed to IP-enabled Video Services subscribers to recover taxes, fees or surcharges imposed upon IP-enabled Video Services subscribers in connection with the provision of IP-enabled Video Services, other than the IP-enabled Video Services Provider Fee authorized by this section;

(v) revenue from the sale of capital assets or surplus equipment; or

(vi) charges, other than those described in subsection (1), that are aggregated or bundled with amounts billed to IP-enabled Video Services subscribers.

(3) “Gross Revenues” which are subject to the IP-enabled Video Services Provider Fee paid by AT&T Oklahoma additionally include a pro rata portion of all revenue collected by AT&T Oklahoma pursuant to compensation arrangements for advertising (less any commissions AT&T

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receives from any third parties for advertising) and home-shopping sales derived from the operation of AT&T Oklahoma’s IP-enabled Video Service within the City. Advertising commissions paid to third parties (excluding any refunds, rebates, or discounts the Company may make to advertisers) shall not be deducted from advertising revenue included in gross revenue. The allocation of advertising and home-shopping revenue referred to above shall be based on the number of subscribers in the City divided by the total number of subscribers in relation to the relevant regional or national compensation arrangement.

(4) Bundling discounts shall be apportioned fairly among video and other services. AT&T Oklahoma shall not apportion revenue in such a manner as to avoid the IP-enabled Video Services Provider Fee.

(5) In the event that any other video services provider, including but not limited to a cable operator or open video service provider, enters into any agreement or makes any arrangement with City during the term of this Agreement whereby it is required or allowed to pay a fee to the City that is similar to the IP-enabled Video Services Provider Fee described herein, City shall allow AT&T Oklahoma to substitute the definition of “gross revenue” set forth in that agreement or arrangement for the definition of “gross revenue” set forth in this Agreement immediately upon request of AT&T Oklahoma.

(6) AT&T Oklahoma will grant the City the right to conduct reasonable audits to assure that the IP-enabled Video Services Provider Fee has been properly calculated.

(B) AT&T Oklahoma and City agree that the IP-enabled Video Services Provider Fee shall be in lieu of all other concessions, charges, excises, franchise, license, privilege, permit fees, taxes, or assessments except sales taxes, personal or real property taxes, ad valorem taxes, any fees levied for the purpose of funding the E9-1-1 system, and the two percent (2%) Telephone Inspection Fee currently being paid by AT&T Oklahoma;

(C) During the term of this Agreement, AT&T Oklahoma shall provide capacity for two "streams" or "channels" of noncommercial educational and governmental programming through AT&T Oklahoma's IP-enabled Video Service so long as City and educational institutions designated by the City provide any educational or governmental programming content in a standard digital format compatible with AT&T Oklahoma's IP-enabled video technology. City and educational institutions designated by the City shall provide this programming at a point designated by AT&T Oklahoma. City and educational institutions designated by the City will be solely and individually responsible for their own programming content.

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(D) AT&T Oklahoma shall work with the City to identify an economically and technically feasible process for providing an appropriate message through AT&T Oklahoma’s IP-enabled Video Service in the event of a public safety emergency issued over the emergency alert system, which at a minimum will include the concurrent rebroadcast of local broadcast channels.

(E) The parties agree to consult in the event that, after execution of this Agreement, any court, agency, commission, legislative body, or other authority of competent jurisdiction issues a finding that limits the validity or enforceability of this Agreement, in whole or in part. Should the finding be final, non-appealable and binding upon either City or Company, this Agreement shall be deemed modified or limited to the extent necessary to address the subject of the finding unless either party, within thirty (30) days of receipt of the ruling, provides written notice to the other party of election to terminate, in which case this Agreement shall terminate within six (6) months or such earlier period as the parties mutually may agree. Where the effect of a finding is a modification, the parties shall enter into good faith negotiations to modify this Agreement in the manner which best effectuates its overall purposes and the intentions of the parties. Failure to reach a mutually satisfactory modification within ninety (90) days of the commencement of such efforts shall entitle either party to terminate the Agreement on the provision of thirty (30) days’ written notice.

In addition to the termination rights set forth above, AT&T Oklahoma shall have the right to terminate this Agreement and all obligations hereunder upon ninety (90) days notice to the City, if (i) AT&T Oklahoma concludes in its reasonable business judgment that IP-enabled Video Service in the City is no longer technically, economically or financially consistent with AT&T Oklahoma’s business objectives; (ii) Title VI obligations or any similar obligations are imposed on AT&T Oklahoma; or (iii) it becomes clear that the Company must offer or provide IP-enabled Video Service pursuant to a franchise (cable or otherwise) and/or franchise-like requirements or other local authorization.

(F) AT&T Oklahoma shall determine, in its sole discretion where in the City its facilities shall be constructed, operated, maintained, repaired and upgraded to provide, and where in the City to provide its IP-enabled Video Services. However, AT&T Oklahoma agrees that it will offer a competitive video service through the technology of its choosing, which may include, but is not limited to, direct-to-home satellite service, to all residential subscribers residing within its current local telephone service footprint within the boundaries of the City, subject to density, technical feasibility, and access limitations based on standard industry practice (e.g., density limitation of thirty (30) homes per mile, authorized access to private property/developments, etc.).

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4. Obligations of City. City will not attempt to nor subject the provision of AT&T Oklahoma’s IP-enabled Video Service to regulation under any cable television or broadband telecommunications franchise ordinance or similar ordinance(s). In addition:

(A) City agrees to subject the construction and installation of the facilities that will be used in whole or in part to provide AT&T Oklahoma’s IP-enabled Video Service to the same process and review as it subjects the installation and construction of traditional telecommunications infrastructure;

(B) City agrees not to unreasonably block, restrict, or limit the construction and installation of facilities that will be used in whole or in part to provide AT&T Oklahoma’s IP-enabled Video Service;

(C) City agrees to process any and all applicable permits for the installation, construction, maintenance, repair, removal, and other activities associated with placement of communications or transmission facilities of any kind in a timely and prompt manner;

5. Modification. This Agreement may be amended or modified only by a written instrument executed by both Parties. 6. Entire Agreement. This Agreement constitutes the entire agreement between City and AT&T Oklahoma with respect to the subject matter contained herein and supersedes all prior or contemporaneous discussions, agreements, and/or representations of or between City and AT&T regarding the subject matter hereof. 7. Waiver. Failure on the part of either Party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or any other provision. 8. Miscellaneous.

(A) AT&T Oklahoma and City each hereby warrants that it has the requisite power and authority to enter into this Agreement and to perform according to the terms hereof.

(B) The headings used in this Agreement are inserted for convenience or reference only and are not intended to define, limit or affect the interpretation of any term or provision hereof. The singular shall include the plural; the masculine gender shall include the feminine and neutral gender.

(C) Nothing contained in this Agreement is intended or shall be construed as creating or conferring any rights, benefits or remedies upon, or creating any obligations of the Parties hereto toward any person or entity not a party to this Agreement, unless otherwise expressly set forth herein.

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(D) This Agreement shall not be exclusive and the City expressly reserves the right to enter into similar agreements with any other company offering the same or similar video services at any time.

(E) The geographic area covered by this Agreement shall be the incorporated limits of the City of Bartlesville, Oklahoma, as such area now exists or may be modified in the future by annexation or deannexation.

(F) The parties agree that either Tulsa County District Court or the United States District Court for the Northern District of Oklahoma shall be the sole and exclusive forum for any judiciable disputes concerning this Agreement.

9. Binding Effect. This Agreement shall be binding upon and for the benefit of each of the Parties and their respective principals, managers, City Council members, offices, directors, shareholders, agents, employees, attorneys, successors and assigns and any parents, subsidiaries or affiliated corporations or entities, as applicable. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement and made the same effective as of the 15th day of April, 2013 ( “Effective Date”).

Page 8 of 8

AT&T Oklahoma: _________________________________________________ Name: Bryan Gonterman Title: President - Oklahoma City:

APPROVED by the City Council of The City of Bartlesville, Oklahoma, on the 15th day of April, 2013. ______________________________ MAYOR ATTEST: City Clerk

REVIEWED as to form and legality this 15th day of April, 2013..

City Attorney

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STAFF REPORT ENGINEERING DEPARTMENT

TO: Ed Gordon, City Manager

FROM: Terry Lauritsen, Director of Engineering

DATE: April 10, 2013

SUBJECT: Amendment #1 to a Professional Service Contract with Keleher Architects for design services in conjunction with the proposed Operation Yard Improvements at 5th and Margarite

One of the priority projects approved by voters in the 2008 ½ cent sales tax extension election is improvements to the Operations Yard facility located at 5th and Margarite. The scope of the project is to remove several buildings within the operation yard facility and construct new buildings to organize staff into a central location as well as to allow the equipment to be worked on and stored in covered areas.

In October 2012, Council approved a contract with Keleher Architects to prepare a concept design of the facility. With the completion of this phase, staff is requesting Council authorization for a contract amendment, which is attached, to prepare the construction plans and specifications for the facility - funding for construction is scheduled next fiscal year. The contract amendment provides that Keleher Architects will complete the design services in 75 days for a fee of $82,000. The budget balance for design services for this project is $85,000, and sufficient for the proposed services. The concept design and site layout are attached.

Staff recommends approval of the professional service contract amendment with Keleher Architects.

Please schedule this item for Council consideration at its April 15th meeting.

KELEHER ARCHITECTS _____________________________________ DAN KELEHER JR., PLLC

March 26, 2013 Terry Lauritsen, P.E. Director of Engineering City of Bartlesville 401 S. Johnstone Bartlesville, Oklahoma 74003 The following is offered as an amendment to our existing contract for architectural and engineering services for the new City Public Works Facility at Adams and Margarite. Construction Documents and specifications for the facility will include the following:

• Detailed Architectural floor plans, elevations, finish schedules, door and window schedules and details, construction details and sections, interior cabinet elevations and cabinet details, reflected ceiling plan.

• Site layout and site grading plan with specified paving details. • Site drainage plan including design of drainage structure in center of site to alleviate site

ponding issues. • Site landscape plan to meet city code. • Mechanical, Electrical, Plumbing systems design and coordination with utility providers. • Structural design • Complete project specifications coordinated with city bidding documents. • Bidding services as normally required. • Submittal reviews • Monthly construction meetings as required. • Geotechnical report • Complete design services within 75 calendar days from notice to proceed.

The above services will be provided for a lump sum fee of $82,000.00. 80% of fee due at completion of construction documents, 10% upon completion of submittal reviews and 10% upon completion of construction. If this amendment meets with your approval, please sign below and we will begin immediately. Dan Keleher ,Jr. PLLC ____________________________________________ Owner City of Bartlesville Date

KELEHER ARCHITECTS

DAN KELEHER, JR., PLLC AIA

1065 N.E. WASHINGTON BLVD. BARTLESVILLE, OK 74006 918-333-8855

KELEHER ARCHITECTS

DAN KELEHER, JR., PLLC AIA

1065 N.E. WASHINGTON BLVD. BARTLESVILLE, OK 74006 918-333-8855

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Husky Portable Containment Incentive Proposal – New Facility Construction

Husky Portable Containment (HPC) was founded in 2004 in Skiatook, Oklahoma by industry veteran Jay Claeys and his wife Pam. HPC designs and manufactures portable, collapsible water storage tanks for onboard use by firefighters for situations where city water supply is unavailable (e.g. rural grass fires), and large ‘drive-over’ spillage containment systems for environmental protection (e.g. aircraft fueling operations).

With assistance from BDC, HPC relocated their manufacturing operations from 6,000 sqft Skiatook location to a leased 11,900 sqft facility in Dewey on March 20, 2009. The company continues to experience rapid growth – now limited primarily by lack of manufacturing floor space, and to a lesser degree, operating capital. HPC has determined that expansion of their current leased facility is not viable, necessitating their move to larger quarters within one year.

Currently, the company employs 19 at an average wage of $ 19.03 plus benefits. Based on current order backlog, HPC plans to hire 15 additional manufacturing workers upon relocating to a larger facility. To assist HPC with their expansion, and to insure that this growing company remains in the Bartlesville area, BDC proposes:

• Providing approximately 2.37 acres (Lot 14) in the Bartlesville Industrial Park

• $150,000 in the form of a forgivable loan allocated for construction of HPC’s planned $1 million, 20,000 sq. ft. facility construction.

The $150,000 cash portion will be structured as a forgivable loan on a 10-year term, carrying a fixed-rate of interest of 2%. BDC will recognize a cumulative annual credit of $1,000, plus accrued interest, for each net-new employee over your current baseline of 19 employees. Based on 15 new employees, the $150,000 balance would be forgiven (paid off through credits) in 10 years, with no cash payments from HPC required. As employee headcount will ramp-up, BDC will calculate the actual number of employees each year to determine the job-credit applied against the annual payments required to retire the loan over 10-years.

BDC will file a mortgage on the new building, subordinate to the primary lender, Central National Bank (Bartlesville). Preliminary site design and cost estimates have been developed by Ambler Architects and can be accommodated under existing infrastructure (e.g. no street extensions).

Central National Bank has approved the loan with construction funding ready to commence pending approval of BDC portion (equity). A sample amortization schedule is attached to illustrate job credits applied against the loan based on hypothetical NET NEW job creation.

Memo

Citizen Participation Plan CDBG 2013 April 16, 2013

Community Development Department

To: Ed Gordon, City Manager

From: Natasha Riley, Assistant City Planner

CC: City Council

Date: April 29, 2013

Re: Consider and take action on a Citizen Participation Plan for FY 2013 CDBG Small Cities Set-Aside Program

We were notified earlier this year that the Community Development Block Grant Small Cities Set Aside Program was extended for FY 2013. As you know, the City of Bartlesville has participated in this program for the past fifteen years and has been awarded grant funds in the amount of $1,509,772.67. These funds were matched with City funds (in the amount of $2,372,461.90) to assist in public infrastructure improvements in three qualified Census Tracts in west Bartlesville (specifically Census Tracts #2, #3, and #9) in the amount of $3,882,234.57. The attached spreadsheet provides details on the use of these grant funds. As part of the CDBG grant application and administration process, the City of Bartlesville is required to adopt a Citizen Participation Plan which sets forth opportunities for citizen involvement and input in this process. Please schedule the attached Citizen Participation Plan (updated from previous grant plans) for Council consideration at its May 6th meeting.

As set forth in this Plan, a public hearing will be held at the City Council regular meeting of June 3rd, 2013 to determine how FY 2013 CDBG grant funding will be used. At that time, staff will present information to the City Council on specific proposed projects that lie within the qualified census tract areas which are eligible for matching grant funding. Following any additional public input received during this public hearing, the Council will determine how to best utilize existing capital funds (including private donations) to leverage the dollar for dollar match provided by this grant program and will direct staff to proceed with the writing and submittal of a CDBG grant application for FY 2013, due to the State of Oklahoma by July 19th, 2013.

Citizen Participation Plan CDBG 2013 May 6, 2013

QUALIFIED CENSUS TRACTS 0200, 0300, 0900

(Denoted by black stars)

Citizen Participation Plan CDBG 2013 May 6, 2013

PROGRAM YEAR

GRANT NUMBER

CDBG FUNDS LOCAL FUNDS GRAND TOTAL PROJECTTARGET AREA Census Tract #

1997 8170 CDBG 97 $103,925.00 $166,751.23 $270,676.23 Morton Drainage Phase I 21998 8554 CDBG 98 $105,965.00 $166,751.23 $272,716.23 Morton Drainage Phase I 21999 9304 CDBG 99 $105,965.00 $166,751.23 $272,716.23 Morton Drainage Phase I 22000 9709 CDBG 00 $100,288.67 $100,288.67 $200,577.34 Asphalt Street Improvements 22001 10155 CDBG 01 $103,605.00 $151,953.50 $255,558.50 Morton Drainage Phase II 2

2002 10596 CDBG 02 $103,605.00 $103,605.11 $207,210.11Water Line Rehab; Douglas Park 

Improvements3

2003 10967 CDBG 03 $103,605.00 $114,930.00 $218,535.00Street Improvements ‐ Jane Phillips 

Area9

2004 11453 CDBG 04 $95,238.00 $354,762.86 $450,000.86West Frank Phillips Street 

Improvements2

2005 11939 CDBG 05 $95,238.00 $400,981.07 $496,219.07 Adams Boulevard ‐ Cul‐de‐sac project 3

2006 12375 CDBG 06 $95,238.00 $119,875.00 $215,113.00West Frank Phillips Sidewalk 

Improvements2

2007 12995 CDBG 07  $68,972.00 $95,028.00 $164,000.00  Downtown Street Improvements 32008 13444 CDBG 08  $105,886.00 $109,114.00 $215,000.00 Veteran’s Park Improvements  2

2009 13896 CDBG 09 $78,360.00 $78,360.00 $156,720.00 West Bartlesville Redevelopment Plan 2 & 9

2010 14413 CDBG 10 $79,338.00 $84,662.00 $164,000.00 Asphalt Street Inprovements ‐ Virginia 2

2011 14835 CDBG 11 $79,338.00 $73,442.00 $152,780.00 14th Street Sidewalk 92012 15243 CDBG 12 $85,206.00 $85,206.00 $170,412.00 Virginia Ave Sidewalks 2 & 9Total $1,509,772.67 $2,372,461.90 $3,882,234.57

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CITIZEN PARTICIPATION PLAN

FOR THE CITY OF BARTLESVILLE

I. POLICY The City of Bartlesville intends to implement a citizen participation program for its FY 2013 Community Development Block Grant application process to accomplish the following objectives:

1. Provide for proper notice and reasonable and timely access to all meetings and project records in order to encourage citizen participation particularly by low and moderate income persons who are residents of slum and blight areas and provide for participation of residents of low and moderate income neighborhoods.

2. Provide technical assistance related to the CDBG program to groups representative of

lower-income persons. Technical assistance will include the purposes and objectives of the program, eligible projects, amount of funds available, and opportunities for participation in the program.

3. Hold public hearings to obtain citizens' views and to respond to proposals and questions and to

address the activities to be undertaken. The public hearings will include at a minimum: 1) one public hearing prior to the submission of an application to the FY 2013 CDBG Small Cities Set-Aside Program for the purpose of obtaining citizens' views and formulating or responding to proposals and questions, and 2) one public hearing at the end of the grant period, if funding is received, to assess and discuss the City's performance in the administration of the grant.

4. Provide a process during the public hearings to identify and discuss the community's community

and economic development needs, goals, objectives and prioritization of the identified needs, and to discuss previous CDBG funding.

5. Provide for the public hearings in order to provide citizens with information regarding the

community's decision to seek funding through the FY 2013 CDBG Small Cities Set-Aside Program, including the purposes and objectives of the program, the type of project for which funding is requested, eligible projects, a discussion of the relationship of the selected activity to the identified priorities of community needs, the amount of funding being requested, how much of the funding will benefit low and moderate income residents, a timetable for implementation in the event that funding is received, the probable consequences resulting from the project, including any proposed activities which may result in displacement and any anti-displacement and relocations plans developed by the City of Bartlesville in accordance with Section 104(d)(1) and (2) of the act, opportunities for comments on and participation in the proposed project, and where the application can be inspected.

II. SCOPE OF PARTICIPATION Citizens are encouraged to review the Citizen Participation Plan and offer amendments or suggestions to the City of Bartlesville. In addition, citizens are encouraged to become involved in the formation of community/economic development and housing strategies and goals, in the determination of priorities, in the

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submittal of any amendments and in the monitor and evaluation of project implementation. Any views and proposals submitted, particularly from those citizens directly affected by project activities and groups representative of low and moderate income persons, will be promptly considered by the City of Bartlesville with a determination and response returned to the citizen or citizen organization. Technical assistance will be provided, upon request. A. Available Information: Citizens should have full access to information and documents related to the City of Bartlesville's efforts to secure funding through the FY 2013 CDBG Small Cities Set-Aside Program. This information will be available during normal business hours excluding holidays and weekends and during public meetings or hearings called for discussion and/or approval of CDBG activities. The following information will specifically be made available.

1. Purpose and objective of the program. 2. The total amount of funds available for consideration. 3. Eligible activities and the range of activities that may be undertaken with these funds. 4. The estimated amount of funds proposed to be used for activities that will benefit low and moderate

income persons. 5. The proposed CDBG activities likely to result in displacement and any anti-displacement and

relocation plans developed by the City of Bartlesville in accordance with Section 104(d)(1) and (2) of the Act.

6. The basis on which the City of Bartlesville may provide technical assistance to groups representative of low and moderate income that may request assistance in developing proposals. The level and type of assistance to be provided is at the discretion of the City of Bartlesville and does not necessarily include providing funding to such groups.

B. Specific Actions: Specific actions which will be undertaken by the City of Bartlesville to meet the requirements of this Citizen Participation Plan include the following:

1. First Public Hearing. The first public hearing for the purpose of soliciting public input in the

application of CDBG Small Cities Set-Aside Program funds for FY 2013 will be held on Monday, Jun 3rd, 2013 at 7:00 p.m. at the City Center Building, 401 S. Johnstone, Bartlesville, OK. This public hearing will be for the purpose of informing citizens of the proposed project scope of activities prior to submittal and soliciting input and additional comment from the local citizenry. A public hearing notice will be provided through publication in the Bartlesville Examiner-Enterprise. At this public hearing, the information enumerated above will be provided.

2. Contract Approval. Approval and City Council acceptance of a contract with the Oklahoma

Department of Commerce for receipt of CDBG funds will be scheduled before the City Council at a regular meeting prior to the start of the project. The purpose of this action is to obtain views of the citizens on proposed activities prior to action by the Bartlesville City Council authorizing the start-up of the project. Contract approval is anticipated to take place in late 2013.

3. Grantee Performance Review Public Hearing. A follow-up public hearing will be scheduled at the

conclusion of project to assess and discuss the City of Bartlesville's performance in the administration of the grant. The purpose of this public hearing is to inform citizens on the progress and results of the project. This action shall take place at the conclusion of the project. A public hearing notice will be provided through publication in the Bartlesville Examiner-Enterprise.

4. Open Access to Grant Administration Records. Records pertaining to the administration of the

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grant, if awarded, will be available in the office of the Community Development Director for the City of Bartlesville during normal business hours excluding holidays and weekends. All grant records will be available for review to local citizens.

5. Needs of Non-English Speaking Residents. According to the 2010 Census data, only 881 persons,

or 2.6% of the City's population speak English not well or not at all. Therefore, at this time, the City of Bartlesville will make no special arrangements to accommodate non-English speaking residents at public hearings, as the numbers do not warrant it.

C. Notice: In order to give adequate notice of the two public hearings listed above, a notice will be published prior to each public hearing in the Bartlesville Examiner-Enterprise. Said notice will be published a minimum of seven (7) to ten (10) days prior to the date of said hearing. In addition, if any change is proposed to the purpose, scope, location, or beneficiaries or the proposed project or if the project budget changes by more than 25%, the public will be notified and afforded an opportunity for additional input. III. PROGRAM UPDATES AND AMENDMENTS: A. Updates: The Citizen Participation Plan for the City of Bartlesville will be reviewed and updated at least annually by City Staff and the City Council and revised as necessary. B. Amendments: In the event that a grant is secured and significant amendments, changes or revisions are necessary, an additional public hearing will be held prior to action by the Bartlesville City Council. IV. ADOPTION: By formally adopting this Citizen Participation Plan, the City of Bartlesville City Council accepts the responsibility for implementing its provisions. The Council further charges all employees and contractors with the responsibility of implementing this plan and living up to the spirit of the citizen participation requirements of the FY 2013 CDBG Small Cities Set-Aside Program. Adopted this 6th day of May, 2013, by the City Council of the City of Bartlesville.

________________________________________ Thomas A. Gorman, Mayor

ATTEST: _________________________________ City Clerk

Information will be provided at Council Meeting.

RESOLUTION NO. _________

A RESOLUTION AMENDING RESOLUTION NO. 2551 RELATING TO THE SEWER SYSTEM IMPROVEMENTS OVERSIGHT COMMITTEE _____________________________________________________________________________

WHEREAS, on September 24, 1990, the City Council created the Sewer System Improvements Oversight Committee with a membership of nine members and it is the desire of the City Council to amend said Resolution by reducing the size of said committee.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BARTLESVILLE, OKLAHOMA:

That Section 1 of Resolution No. 2551 is hereby amended to provide as follows:

Section 1. The City Council hereby creates a seven (7) member Sewer System Improvements Oversight Committee that will work for the successful implementation of the wastewater system improvements.

PASSED by the City Council of the City of Bartlesville, Oklahoma and approved by the

Mayor this 15th day of April, 2013.

______________________________ Mayor

Attest: ___________________________________ City Clerk

Information will be provided at Council Meeting.