reconsideration of condemnation case 6111c 414 north maple
TRANSCRIPT
BOARD OF CITY COMMISSIONERSREGULAR MEETING
SEPTEMBER 12 2011630PM
City Council Chambers111 North Elm
AGENDA
1 Meeting called to order
2 Declaration of a quorum
3 Consent Agenda
a Consider approval of minutes of regular meeting of August 8 2011Pages 49
b Discuss and acknowledge Invoice Paid report for August 2011
c Acknowledge Mayors reappointment of Brent Mattox to the SallisawAirport Commission for a three 3 year term ending September 2014
d Acknowledge Mayors appointment of Debbie Bartel to the SequoyahMemorial Hospital Board as the Medical Staff Representative termexpires06302012
4 Consider any Item Removed from the Consent Agenda
5 Open Bids for Sale of Property Page 10
6 Reconsideration of Condemnation Case 6111C 414 North MaplePages 11 15
7 Consider Approval of Ordinance 201112 An Ordinance Providing for theAnnexation to the City of Sallisaw Oklahoma Certain Property HereinafterSet Out Striking Ordinance 201106 to the City of Sallisaw Code ofOrdinances in its Entirety and Declaring an Emergency Pages 1618
0001
AGENDASEPTEMBER 12 2011
8 Consider Approval of Planning Commission Case No 201111 Annexationby Governing Body Action Property Owned by Mr Billy W CassidyOrdinance 201113 and Declaring an Emergency Pages 1921
9 Consider Approval of Planning Commission Case No 201112 Annexationby Governing Body Action Property Owned by Mr Gilbert AsbillOrdinance 201114 and Declaring an Emergency Pages 2224
10 Consider Approval of Planning Commission Case No 201113 Annexationby Governing Body Action Property Owned by Mr William S Myers et alOrdinance 201115 and Declaring an Emergency Pages 2527
11 Case No 201114 Annexation by Governing Body Action Property Ownedby Ms Edna Dodson Ordinance 201116 and Declaring an EmergencyPages 2830
12 Consider Approval of Ordinance 201117 An Ordinance AmendingSection 101 and Declaring an Emergency Pages 31 33
13 Consider Approval of Ordinance 201118 An Ordinance AmendingSection 1013band Declaring an Emergency Pages 3435
14 Consider Approval of Ordinance 201119 An Ordinance AmendingSection 1092b and Declaring an Emergency Pages 3637
15 Consider Approval of Ordinance 201120 An Ordinance AmendingSection 1093aand Declaring an Emergency Pages 3839
16 Consider Approval of Ordinance 201121 An Ordinance AmendingSection 10124 and Declaring an Emergency Pages 4041
17 Acknowledge Supplemental Workers Compensation Refund in the Amountof10664696 and Authorize the Oklahoma Municipal Assurance Group toApply the Full Amount as Credit to Current Quarterly Workers
Compensation Premium Pages 4245
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AGENDASEPTEMBER 12 2011
18 Discuss Requirements for Building Permits and Provide Guidance to CityManager Page 46
19 Redeposit of Temporarily Idle Funds Page 47
20 Administrative Reports
21 New business
22 Adjourn
Posted September 9 2011
Time 3Dianna Davis
0003
MINUTES
BOARD OF CITY COMMISSIONERS
REGULAR MEETING
AUGUST 8 2011
The Board of City Commissioners met in a special meeting on August 82011 in the city council chambers located at 111 North Elm Notice of the
meeting was given by emailing to Sequoyah County Times by posting atcity hall and by giving notice to the City Clerk
Members present Shannon Vann MayorButch Lamb Member Ward 1Clayton Meadows Member Ward 3Matthew Bennett Member Ward 4
Members absent Joshua Bailey Member Ward 2
Staff present Bill Baker City ManagerKeith Skelton Assistant City ManagerJohn R Montgomery City AttorneyDianna Davis City ClerkRandy Sizemore Purchasing AgentJamie Phillips Sanitation SuperintendentKeith Miller Building Development DirJerry Horn Code Enforcement OfficerJulie Ferguson Grants Administrator
Debby Keith Community Development SpecShaloa Edwards Chief of Police
Others present Sally Maxwell Dr Bob Wells Jim Goff
Mayor Vann called the meeting to order at 630 pm and declared a quorumwas present
CONSENT AGENDA
a Consider approval of minutes of special meeting of July 18 2011
b Discuss and acknowledge Invoice Paid report for July 2011
c Acknowledge Mayors reappointment of Blakely Smith to the
Sallisaw Planning Commission for a three 3 year term endingAugust 2014
d Acknowledge Mayors appointment of Jayne Hadley to the
Sallisaw Planning Commission for a three 3 year term endingSeptember 2014
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BOARD OF CITY COMMISSIONERSAugust 8 2011
PAGE 2
e Consider Approval of PC 2011 010 Administrative Plat Approvalof Lenington Place by Darrell Netz
f Consider Approval of Staffs Request to Declare One 1 HewlettPackard 800 PS Design Jet Plotter Serial SG11F2104KModel C7780C as Surplus Equipment
g Consider Approval of Staffs Request to Declare One 1 2003Aljon Compactor Serial 13955 One 1 2000 Aljon CompactorSerial 13753 and One 1 1991 Caterpillar D7 DozerSerial 08Z66266 as Surplus Equipment
Motion was made by Meadows seconded by Lamb for approval of theconsent agenda as presented Vote Meadows aye Lamb aye Bennett ayeVann aye Motion carried 40
CONSIDER ANY ITEM REMOVED FROM THE CONSENT AGENDA
None
CONSIDER AWARD OF CONTRACT ON LANDFILL COMPACTOR TOTRICOUNTY EQUIPMENT OF PIERSON MICHIGAN FOR THE
PURCHASE OF TWO 2 CERTIFIED REBUILT ALJON ADVANTAGE525 COMPACTORS OPTION B IN THE AMOUNT OF 68900000
Bids were opened on this item on July 18 2011 Mr Baker stated that staffhad conducted an extensive review of all bids submitted He noted that the
Sanitation Superintendent Jamie Phillips recommends we purchase two 2certified rebuilt compactors and after visiting with Mr Phillips he concurswith his recommendation Mr Phillips addressed council concerning thepurchase of two 2 certified rebuilt compactors and noted that you arebasically getting two for the price of one He noted that they have a 3 year6000 hour warranty He stated that one compactor runs all day long and bypurchasing two you will be able to alternate between machines and extendthe life of both He also explained that the Aljon Advantage 525 compactorswere heavier A heavier machine will pack the trash tighter therebyextending the life of the landfill cells
Following discussion motion was made by Meadows seconded by Bennettfor approval of the purchase two certified rebuilt Aljon Advantage 525landfill compactors from Tri County Equipment of Pierson Michigan in theamount of 68900000 Vote Meadows aye Bennett aye Lamb aye Vannaye Motion carried 40
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BOARD OF CITY COMMISSIONERSAugust 8 2011
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CONSIDER APPROVAL OF PURCHASE OF ONE 1 1 TON CREW CAB 4X4PICKUP FROM BLUE RIBBON CHEVROLET IN THE AMOUNT OF2798000
Staff noted that funds were appropriated in the 2011 12 Budget for thepurchase of a new pickup for use by the Solid Waste Superintendent The
existing landfill truck will stay in the department and will replace one of theolder trucks Quotes were received from Blue Ribbon Chrysler Dodge BlueRibbon Chevrolet and Sallisaw Ford Staff requested to purchase from thelow bidder Blue Ribbon Chevrolet
Motion was made by Bennett seconded by Lamb for approval of the
purchase of one 12 ton crew cab 4X4 pickup from Blue Ribbon Chevrolet inthe amount of 2798000 Vote Bennett aye Lamb aye Meadows ayeVann aye Motion carried 4 0
CONSIDER APPROVAL OF THE PURCHASE OF TWO 2 NEW HYDROMATICPUMPS CONTROL PANELS LEVEL TRANSMITTER AND INSTALLATION
MATERIALS FOR LIFT STATION 2 FROM EVANS ENTERPRISES OF FORTSMITH IN AN AMOUNT NOT TO EXCEED 3000000
Staff noted there are appropriations in the amount of 3000000 in the201112 Budget for the rebuild of Lift Station 2 It was noted that this liftstation should be repaired as soon as possible Staff requested to purchasefrom Evans Enterprises of Fort Smith in an amount not to exceed 30000Total cost includes installation
Motion was made by Lamb seconded by Meadows for approval of thepurchase of two 2 new hydromatic pumps control panels level transmitterand installation materials from Evans Enterprises of Fort Smith in an
amount not to exceed 3000000 Vote Lamb aye Meadows aye Bennettaye Vann aye Motion carried 4 0
CONSIDER APPROVAL OF THE PURCHASE OF EIGHT 8 NEW 2012CHEVROLET TAHOE POLICE PURSUIT VEHICLES FROM VANCEAUTO GROUP OF GUTHRIE OKLAHOMA IN THE AMOUNT OF
21214480
During budget meetings council appropriated funds to lease purchase eight8 new Chevrolet Tahoe police pursuit vehicles Quotes were obtained andstaff now needed councils approval to move forward with the purchase
Staff noted that if approved we would be able to order before October andin doing so would get 2012 units at 2011 pricing The average cost per unitis 2651810 Staff further noted that once received the units would betaken to SMILES in Fort Smith for installation of lights sirenscommunications decals etc
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BOARD OF CITY COMMISSIONERSAugust 8 2011
PAGE 4
Motion was made by Meadows seconded by Bennett for approval of thepurchase of eight 8 2012 Chevrolet Tahoe Police Pursuit vehicles fromVance Auto Group of Guthrie Oklahoma in the amount of 21214480Vote Meadows aye Bennett aye Lamb aye Vann aye Motion carried 4 0
CONSIDER APPROVAL OF RESOLUTION 2011 18 A RESOLUTIONAUTHORIZING EXECUTION OF A LEASE PURCHASE AGREEMENTON VEHICLES
Staff noted that approval of Resolution 2011 18 will allow them to proceedwith the necessary paperwork to lease purchase eight 8 Chevrolet Tahoesfor the Police Department Resolution 2011 18 was presented
Motion was made by Meadows seconded by Bennett for approval ofResolution 2011 18 as presented Vote Meadows aye Bennett aye Lambaye Vann aye Motion carried 40
CONSIDER APPROVAL OF PLANNING COMMISSION
RECOMMENDATION CASE PC2011 009 REZONING REQUEST BYDARRELL NETZ AND ORDINANCE 2011 11 WITH EMERGENCYCLAUSE ATTACHED
Mr Netz was requesting to rezone his property due to an existing billboardwhich was out of compliance with the State of Oklahoma Billboard
Regulations Staff noted that these structures can only be located incommercial or industrial zoned areas that permit such use A previousowner had mistakenly rezoned another adjacent property that had been splitoff of this for the billboard in November 1988 Property is located on WestLenington Both staff and Planning Commission recommended approval ofrezoning from R2 to C 3 Ordinance 2011 11 was presented for approval
Motion was made by Meadows seconded by Lamb for approval of rezoningfrom R2 to C3 Ordinance 2011 11 Vote Meadows aye Lamb ayeBennett aye Vann aye Motion carried 4 0 Motion was made by Meadowsseconded by Lamb for approval of Ordinance 2011 11 with the emergencyclause attached Vote Meadows aye Lamb aye Bennett aye Vann ayeMotion carried 40
UPDATE REPORT AND POSSIBLE ACTION ON PUBLIC NUISANCECASE NO 6 11 1C 414 NORTH MAPLE
This property was declared a public nuisance during the July meeting At
that time council requested it be brought back in August for an updateconcerning the mortgage holder Mr Horn noted that he had found a secondmortgage holder and they had been notified To date he had had no contactfrom the owners or mortgage holders Mr Montgomery noted that this
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BOARD OF CITY COMMISSIONERSAugust 8 2011
PAGE 5
property had already been declared a public nuisance but action was neededconcerning abatement
Motion was made by Lamb seconded by Bennett to direct staff to abate thenuisance in accordance with the laws of the State of Oklahoma and City ofSallisaw Vote Lamb aye Bennett aye Meadows aye Vann aye Motioncarried 4 0
CONSIDER APPROVAL OF AGREEMENT BETWEEN THE CITY OFSALLISAW AND OKLAHOMA TAX COMMISSION FOR
ADMINISTRATION OF THE SALES AND USE TAX ORDINANCES OFTHE CITY OF SALLISAW
Staff noted that the new Agreement was a result of recent meetings betweenthe Oklahoma Municipal League Finance Task Force and the Oklahoma TaxCommission for more accountability and better collection of sales use tax
Approval of this agreement will allow for better collection of taxes ofinternet sales
Motion was made by Lamb seconded by Bennett for approval of Agreementbetween the City of Sallisaw and Oklahoma Tax Commission foradministration of the sales and use tax ordinances Vote Lamb aye Bennettaye Meadows aye Vann aye Motion carried 40
DISCUSS ANNEXATIONS AND PROVIDE GUIDANCE TO STAFF
During the July meeting council gave direction to begin annexation
procedures on certain properties located along Highway 59 South Keith
Miller addressed council concerning this item and noted that followingcouncil direction they have 14 days to publish notification and mail noticesto the affected property owners He stated that the required publication datewas inadvertently missed In order to make annexation procedures legalstaff again needed direction from council to begin annexation procedures onthe properties discussed
Following discussion motion was made by Bennett seconded by Meadowsto proceed with annexation of the Cassidy Asbill Dodson and Myersproperties Vote Bennett aye Meadows aye Lamb aye Vann aye Motioncarried 40
DISCUSS WATER SUPPLY SITUATION AND CONSIDERCONSERVATION MEASURES
Commissioner Meadows requested this item be placed on the agenda fordiscussion Commissioner Meadows noted that he believes we should ask
citizens for voluntary water conservation Normal pool elevation of the lake
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BOARD OF CITY COMMISSIONERSAugust 8 2011
PAGE 6
is 635 and it is presently at 6317 down 33 Mike Hancock Brushy LakeManager also feels voluntary conservation is in order It was the generalconsensus of council to encourage city water users to be conservative as wecould be looking at a dry fall Paul Richards Plants Superintendent willgive Mr Baker a weekly report on the lake level Should there be
significant change Mr Baker will give the information to the Mayor for aproclamation
REDEPOSIT OF TEMPORARILY IDLE FUNDS
Mayor Vann opened and read aloud the bids as follows
Fund Amount Days 1st Natl National Armstrong
Cemetery 12332597 188 55 65 No Bid
Motion was made by Meadows seconded by Lamb to deposit this monthstemporarily idle funds with National Bank Vote Meadows aye Lamb ayeBennett abstain naye Vann aye Motion carried 3 1
ADMINISTRATIVE REPORTS
Mr Baker noted that the contractor has begun pouring the concrete for theindustrial road Road is substantially finished
NEW BUSINESS
None
Motion was made by Lamb seconded by Meadows to adjourn the meetingthere being no further business Vote Lamb aye Meadows aye Bennett ayeVann aye Motion carried 40 The meeting adjourned at 720 pm
APPROVED the 12 day of SEPTEMBER 2011
SHANNON VANN Mayor
ATTEST
City Clerk
SEAL
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BID TAB SHEET
PROPERTY PURCHASE
BID OPENING
SEPTEMBER 12 2011
NAME BID AMOUNT
Gary Don Cullum
Tim Blount
00010
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AGENDA ITEM COMMENTARYESLe PAH
MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Reconsideration of Condemnation Case6111C 414 North Maple
INITIATOR Robert Bob Jackson
STAFF INFORMATION SOURCE Building Development Director
BACKGROUND This property was condemned by Council in August Mr Jackson has sincepurchased the property and is requesting Council rescind its decision andafford him the opportunity to rebuild and bring the home up to code
EXHIBITS Deed
Power of Attorney
KEY ISSUES This home was severely damaged in a fire and is a blight and dangerous to thepublic welfare
FUNDING SOURCE NA
RECOMMENDATION Rescind condemnation of property at 414 North MapleCase6111C Advise owner that renovation of structure must
comply with all City Codes and shall be complete within six 6months
Agenda Item Page 1 of 1
011
12011004934 Book 1255 Pg 267
ri 60 08262011 1020 am Pg 02870267SPECIAL WARRANTY DEED
Fee S 13 r oc S 750vim P h County Clerk
OKLAHOMA STATUTORY FORM stets home
File No 1100214OK
That Prime Asset Fund 111 LLC party ies of the first part in consideration of the sum of TEN NO100
Dollars and other valuable considerations in hand paid the receipt of which is hereby acknowledged do eshereby grant bargain sell and convey unto Dylan Lee a single person party ies of the second part the followingdescribed real property and premises situate in Sequoyah County State of Oklahoma to wit
Lots 16 and t7 in Block 3 in the amended Plat of Wynnewood Addition to the City of Sallisaw SequoyahCounty Oklahoma
Property Address 414 N Maple Sallisaw OK 74955
Together with all the improvements thereon and the appurtenances thereunto belonging and warrant the title to thesane
TO HAVE AND TO HOLD said described premises unto the said partyiesof the second part and to the heirssuccessors and assigns forever free clear and discharged of and from all former grants charges taxes judgmentsmortgages and other liars and encumbrances of whatsoever nature EXCEPT covenants conditions easementsrestrictions and mineral conveyances of record
Signed and
delivered this date this 19th y of August 2011
le RandCoTrustee sit
ACKNOWLEDGMENT OKLAHOMA FORM
STATE OF FLORIDAss
COUNTY OF HILLSBOROUGH
This instrument was acknowledged before me on this 19th day of August 2011 by Jamie Rand as CoTrustee ofPrime Asset Fund III LLC
toms OHARA COOKSEv cfMY GOMAt1SKN D099642EXPIRES May 26 20m 7 Cooksey N LLbliC
3Yl0153 rismoarrs My Commission Expi
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After recording mum toSegwyah County AbstractIN N OakSanWw OK 7495
DURABLE POWER OP ATTORNEY LIMITED
KNOW ALL MEN BY THESE PRESENTS
That I Dylan Lee do hereby appoint Robert Jackson as my true and lawful Attorney inFact to actindividually for me in my name place and stead as more fully set forth hereinafter 1 hereby state that my AttorneyinFact hereinafter Attorney or AttorneyinFact is empowered and authorized to engage in the following acts1 To lease sell convey exchange mortgage pledge release hypothecate or otherwise deal with dispose ofexchange or encumber the following described real property and to execute and sign any deed contract notemortgage or any other paper form or instrument necessary and incident to the placement completion settlementand consummation of a purchase or loan on the following described real property
Lots 16 and 17 in Block 3 In the amended Plat of Wynnewood Addition to the City of Sallisaw SequoyahCounty Oklahoma
414 N Maple Sallisaw OK 74955
and to furthermore make any necessary covenants warranties and assurances and to do any and all acts and thingsnecessary and incident to the financing of said property and the closing of said loan
2 The effective date of this instrument shall be the 19 day of August 2011
3 This Power of Attorney is intended to be durable This Power of Attorney shall not be affected by subsequentdisability or incapacity of myself the principal or lapse of time
4 No person who relies in good faith upon the authority of my Attorney under this instrument shall incur anyliability to me my heirs successors or assigns for such reliance
IN WITNESS WHEREOF I have hereunto set my hand this 19 day of A i 1
Signed ri aDylan Lee ii
City County and Stan fResidence
30t Stiwr Scbi 03DAA ki Pri 6
GO Streamline Affidavit Power Of Attorney O Rev lU 1912011
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The Principal is personally known to me and 1 believe the Principal to be of sound mind I am eighteen 18 years ofage or older T am not related to the Principal by blood or marriage or related to the AttorneyinFact by blood ormarriage The Principal has declared to me that this instrument is hisher power of attorney granting to the namedAttorney inFact the power and authority specified herein and that she has willingly made and executed it ashisher free and voluntary act for the purposes herein expressed
Witness 11 4 1 1 jNancy M J na
Witness uN oleOLeary 1
STATE OF OKLAHOMA
4COUNTY OF SEQUOYAH
Before me the undersigned authority on this 19 day of August 2011 personalty appeared Dylan Lee principalNancy M Jasna witness and NicoleOLeary witness whose names are subscribed to the foregoing instrumentin their respective capacities and all of said persons being by me duly sworn the Principal declared to me and to thesaid witnesses in my presence that the instrument is hisher Power of Attorney and that the principal has willinglyand voluntarily made and executed it as the free act and deed of the Principal for the purposes therein expressed andthe witnesses declared to me that they were each eighteen 18 years of age or over and that neither of them isrelated to the Principal by blood or marriage or related to the AttomeyinFact by blood or marriage
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AFFIDAVIT AS TO DURABLE POWER OF ATTORNEY
STATE OF OKLAHOMA
COUNTY OF SEQUOYAH
The undersigned Robert Jackson being first duly sworn upon oath deposes and states as follows
I This Affidavit is given pursuant to 58 Okla Stat 1076
2 This undersigned was designated as Attorney inFact under a certain Durable Power of Attorney executed byDylan Lee as Principal dated 19 day ofAugust 2011
3 Such Durable Power of Attorney was to be valid and binding until revoked or terminated and was not to beaffected by the subsequent disability or incapacity of the principal
4 Such Durable Power of Attorney granted to the undersigned the power to sell convey lease exchangemortgage pledge release hypothecate or otherwise deal with dispose of exchange or encumber any of theproperty either real or personal of said Principal
5 As of the signing of this Affidavit the undersigned has no knowledge that said Durable Power of Attorney hasbeen terminated or revoked by Principal and further that the undersigned has no knowledge that said Principal hasdied
6 That the undersigned alleges and believes that said Durable Power of Attorney is in full force and effect as ofthe time of signing this Affidavit
7 This Affidavit is executed contemporaneously with the Deed andor Mortgage conveying real propertydescribed as follows
Lots 16 and 17 in Block 3 in the amended Plat of Wynnewood Addition to the City of Sallisaw SequoyahCounty Oklahoma
Dated this 19 day ofAugust 2011
tobert Jackson A meyinFact
SWORN TO AND SUBSCRIBED before me on August 19 2011
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00015
li AGENDA ITEM COMMENTARYFSLI
Utz A NO
MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Consider Approval of Ordinance 2011 12 An Ordinance Providing for theAnnexation to the City of Sallisaw Oklahoma Certain Property HereinafterSet Out Striking Ordinance 2011 06 to the City of Sallisaw Code ofOrdinances in its Entirety and Declaring an Emergency
INITIATOR City Attorney
STAFF INFORMATION SOURCE City AttorneyBuilding Development Director
BACKGROUND In June 2011 Ordinance 2011 06 was approved annexing the sewer plantproperty into the city limits After filing the ordinance at the courthousean error was discovered in the legal description Ordinance 2011 12 hasthe corrected legal description and will replace Ordinance 2011 06 in itsentirety The City Attorney will review this item with council shouldthere be any questions or concerns
EXHIBITS Ordinance 2011 12
KEY ISSUES None
FUNDING SOURCE NA
RECOMMENDATION Recommend approval of Ordinance 2011 12 with emergencyclause
Agenda Item Page 1 of 1
00016
ORDINANCE NO 2011 12
AN ORDINANCE PROVIDING FOR THE ANNEXATION TO THE CITY OFSALLISAW OKLAHOMA CERTAIN PROPERTY HEREINAFTER SETOUT STRIKING ORDINANCE 2011 06 TO THE CITY OF SALLISAWCODE OF ORDINANCES IN ITS ENTIRETY AND DECLARING ANEMERGENCY
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALLISAWOKLAHOMA
SECTION 1
The City of Sallisaw is the owner of the following described real estate towit
The N NE LESS the SE diagonal onehalf z of the E2 SE NE NEof Section 24 Township 11 North Range 23 East and
The N SW SE and the NW SE SEV4 of Section 18 Township 11North Range 24 East and
The South 35 feet of the SW of Section 18 Township 11 North Range 24East and
The North 35 feet of the NW of Section 19 Township 11 North Range 24East
LESS that part of all the above described property which has been conveyedto the United States of America
and that said owner has petitioned for the Board of Commissioners of the City of SallisawOklahoma to annex said property and to extend the boundaries of the City to include saidproperty which property adjoins the City limits
SECTION 2
The above described real estate adjoins the City limits of the City of Sallisaw Oklahomaand the Board of the City Commissioners of Sallisaw Oklahoma finds that it is to the bestinterest of the said City that the above described real estate be annexed to the City ofSallisaw Oklahoma and that the boundaries of the City of Sallisaw Oklahoma beextended to include said real estate
SECTION 3
Ordinance 2011 06 to the City of Sallisaw Code of Ordinances is hereby stricken in its
17
entirety
SECTION 4
The real estate situated in Sequoyah County State of Oklahoma described as
The N2 NE LESS the SE diagonal onehalfZ of the E SE NE NEV4of Section 24 Township 11 North Range 23 East and
The N12 SW SE and the NW SE SE of Section 18 Township 11North Range 24 East and
The South 35 feet of the SW of Section 18 Township 11 North Range 24East and
The North 35 feet of the NW of Section 19 Township 11 North Range 24East
LESS that part of all the above described property which has been conveyedto the United States of America
be and the same is hereby annexed to the City of Sallisaw Oklahoma and the boundariesof the City of Sallisaw Oklahoma are hereby extended to include said real estate
SECTION 4
WHEREAS an emergency and immediate necessity exists by reason of the health safetyand protection of the citizens of Sallisaw therefore an emergency is declared to exist byreason whereof this ordinance shall be in full force and effect from and after its passageand approval
PASSED AND APPROVED this 12th day of September 2011
CITY OF SALLISAW OKLAHOMA
BySHANNON VANN Chairman of the Boardof Commissioners
ATTEST
DIANNA DAVIS City Clerk
SEAL
00018
1 AGENDA ITEM COMMENTARYEST IN
MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Consider Approval of Planning Commission Case No 2011 11Annexation by Governing Body Action Property Owned by MrBilly W Cassidy Ordinance 2011 13 and Declaring an
Emergency
INITIATOR Board of City Commissioners
STAFF INFORMATION SOURCE Building Development Director
BACKGROUND The City of Sallisaw proposes to annex property owned by Mr Cassidyinto the corporate limits of the City of Sallisaw This property is locatedat 1600 South Kerr Boulevard The intent is to annex property which isadjacent to the corporate boundaries Both staff and PlanningCommission recommend approval Mr Cassidy has concernsabout being able to continue his present agricultural use of theproperty He asks that council convey their understanding ofthe law in that it allows him to remain at the same use without
zoning or code enforcement that may hamper his operations
EXHIBITS Ordinance 2011 13 available at the meetingNotice of Annexation by Governing Body ActionMap
KEY ISSUES Mr Cassidysconcerns as stated above
FUNDING SOURCE NA
RECOMMENDATION Recommend approval of annexation Ordinance 2011 13 withemergency clause
Agenda Item Page 1 of 1
00019
NOTICE OF ANNEXATION BY GOVERNING BODY ACTION
Notice is hereby given that the City of Sallisaw pursuant to Title 11 OS Section 21103 proposes to annex thefollowing described properties into the corporate limits of the City of Sallisaw Oklahoma
Case No PC 201111 N 34 NE14 SW14 AND N 34 OF LOT 3 OF SECTION 7 TOWNSHIP 11 NORTH RANGE24 EAST SEQUOYAH COUNTY OKLAHOMA and
Case No PC 201112 LOT 2 AND THE SOUTH 320 FEET OF THE SE4 NW4 SECTION 7 TOWNSHIP 11NORTH RANGE 24 EAST SEQUOYAH COUNTY OKLAHOMA SUBJECT TO
EASEMENTS OF RECORD IN FAVOR OF THE GRANTOR ACROSS THE NORTH 50 FEETOF LOT 2 OF EVEN DATE HEREWITH and
Case No PC 201113 PART OF THE SE4 NW4 OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA BEGINNING AT A POINT 5411 FEET WEST OFTHE NE CORNER THEREOF THENCE WEST 779 FEET TO THE NW CORNER OF SAIDSE4 NW4 THENCE SOUTH 400 FEET THENCE EAST AND PARALLEL WITH THENORTH LINE 779 FEET THENCE NORTH 400 FEET TO THE POINT OF BEGINNINGand
Case No PC 201114 A PART OF THE SW A NE OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE NW CORNER OF THE SAID SW 14 NE Y THENCE SOUTH 7890
FEET TO THE TRUE POINT OF BEGINNING THENCE EAST 33125 FEET THENCESOUTH 900 FEET MORE OR LESS TO A POINT WHICH IS 1100 FEET NORTH AND
33051 FEET WEST OF THE SE CORNER OF THE NW 14 NW 4 SE A OF SECTION 7TOWNSHIP 11 NORTH RANGE 24 EAST THENCE WEST 330 FEET THENCE NORTH900 MORE OR LESS TO THE POINT OF BEGINNING
The undersigned will present said application to the City Planning Commission at its regularly scheduled meeting set for600 pm Tuesday September 6 2011 The City Planning Commission will conduct a public hearing on saidapplication at the City Council Chambers 111 N Elm Street Sallisaw Oklahoma and all interested persons areentitled to be heard and are invited to attend The notice published this 14 day of
August 2011
CITY OF SALLISAW OKLAHOMA
BY s Dianna Davis
DIANNA DAVIS City Clerk
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AGENDA ITEM COMMENTARYf
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MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Consider Approval of Planning Commission Case No 2011 12 Annexation byGoverning Body Action Property Owned by Mr Gilbert Asbill Ordinance2011 14 and Declaring an Emergency
INITIATOR Board of City Commissioners
STAFF INFORMATION SOURCE Building Development Director
BACKGROUND The City of Sallisaw proposes to annex property owned by MrAsbill into the corporate limits of the City of Sallisaw This
property is located at 1523 South Kerr Boulevard The intent isto annex property which is adjacent to the corporate boundariesBoth staff and Planning Commission recommend approvalMr Asbill has concerns about being able to continue his presentagricultural use of the property He asks that council conveytheir understanding of the law in that it allows him to remain atthe same use without zoning or code enforcement that mayhamper his operations
EXHIBITS Ordinance 2011 14 available at the meetingNotice of Annexation by Governing Body ActionMap
KEY ISSUES Mr Asbillsconcerns as stated above
FUNDING SOURCE NA
RECOMMENDATION Recommend approval of annexation Ordinance 2011 14 withemergency clause
Agenda Item Page 1 of 1
00022
NOTICE OF ANNEXATION BY GOVERNING BODY ACTION
Notice is hereby given that the City of Sallisaw pursuant to Title 11 OS Section 21103 proposes to annex thefollowing described properties into the corporate limits of the City of Sallisaw Oklahoma
Case No PC 201111 N 34 NE14 SW14 AND N 36 OF LOT 3 OF SECTION 7 TOWNSHIP 11 NORTH RANGE24 EAST SEQUOYAH COUNTY OKLAHOMA and
Case No PC 201112 LOT 2 AND THE SOUTH 320 FEET OF THE SE4 NW4 SECTION 7 TOWNSHIP 11NORTH RANGE 24 EAST SEQUOYAH COUNTY OKLAHOMA SUBJECT TOEASEMENTS OF RECORD IN FAVOR OF THE GRANTOR ACROSS THE NORTH 50 FEETOF LOT 2 OF EVEN DATE HEREWITH and
Case No PC 201113 PART OF THE SE4 NW4 OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA BEGINNING AT A POINT 5411 FEET WEST OFTHE NE CORNER THEREOF THENCE WEST 779 FEET TO THE NW CORNER OF SAID
SE4 NW4 THENCE SOUTH 400 FEET THENCE EAST AND PARALLEL WITH THENORTH LINE 779 FEET THENCE NORTH 400 FEET TO THE POINT OF BEGINNINGand
Case No PC 201114 A PART OF THE SW X NE OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE NW CORNER OF THE SAID SW X NE X THENCE SOUTH 7890
FEET TO THE TRUE POINT OF BEGINNING THENCE EAST 33125 FEET THENCESOUTH 900 FEET MORE OR LESS TO A POINT WHICH IS 1100 FEET NORTH AND
33051 FEET WEST OF THE SE CORNER OF THE NW X NW X SE Y4 OF SECTION 7TOWNSHIP 11 NORTH RANGE 24 EAST THENCE WEST 330 FEET THENCE NORTH900MORE OR LESS TO THE POINT OF BEGINNING
The undersigned will present said application to the City Planning Commission at its regularly scheduled meeting set for600 pm Tuesday September 6 2011 The City Planning Commission will conduct a public hearing on saidapplication at the City Council Chambers 111 N Elm Street Sallisaw Oklahoma and all interested persons areentitled to be heard and are invited to attend The notice published this 14 day of
August 2011
CITY OF SALLISAW OKLAHOMA
BY 5 Dianna Davis
DIANNA DAVIS City Clerk
00023
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MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Consider Approval of Planning Commission Case No 2011 13 Annexationby Governing Body Action Property Owned by Mr William S Myers et alOrdinance 2011 15 and Declaring an Emergency
INITIATOR Board of City Commissioners
STAFF INFORMATION SOURCE Building Development Director
BACKGROUND The City of Sallisaw proposes to annex property owned by MrMyers DJ Blanton and Wilco Investments into the corporatelimits of the City of Sallisaw This property is located at 1343South Kerr Boulevard The intent is to annex property which isadjacent to the corporate boundaries Both staff and PlanningCommission recommend approval
EXHIBITS Ordinance 2011 15 available at the meetingNotice of Annexation by Governing Body ActionMap
KEY ISSUES
FUNDING SOURCE NA
RECOMMENDATION Recommend approval of annexation Ordinance 2011 15 withemergency clause
Agenda Item Page I of 1
00025
NOTICE OF ANNEXATION BY GOVERNING BODY ACTION
Notice is hereby given that the City of Sallisaw pursuant to Title 11 OS Section 21103 proposes to annex thefollowing described properties into the corporate limits of the City of Sallisaw Oklahoma
Case No PC 201111 N NE14 SW14 AND N 34 OF LOT 3 OF SECTION 7 TOWNSHIP 11 NORTH RANGE24 EAST SEQUOYAH COUNTY OKLAHOMA and
Case No PC 201112 LOT 2 AND THE SOUTH 320 FEET OF THE SE4 NW4 SECTION 7 TOWNSHIP 11NORTH RANGE 24 EAST SEQUOYAH COUNTY OKLAHOMA SUBJECT TOEASEMENTS OF RECORD IN FAVOR OF THE GRANTOR ACROSS THE NORTH 50 FEETOF LOT 2 OF EVEN DATE HEREWITH and
Case No PC 201113 PART OF THE SE4 NW4 OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA BEGINNING AT A POINT 5411 FEET WEST OFTHE NE CORNER THEREOF THENCE WEST 779 FEET TO THE NW CORNER OF SAIDSE4 NW4 THENCE SOUTH 400 FEET THENCE EAST AND PARALLEL WITH THE
NORTH LINE 779 FEET THENCE NORTH 400 FEET TO THE POINT OF BEGINNINGand
Case No PC 201114 A PART OF THE SW 34 NE Y OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE NW CORNER OF THE SAID SW Y NE 34 THENCE SOUTH 7890
FEET TO THE TRUE POINT OF BEGINNING THENCE EAST 33125 FEET THENCESOUTH 900 FEET MORE OR LESS TO A POINT WHICH IS 1100 FEET NORTH AND33051 FEET WEST OF THE SE CORNER OF THE NW NW 34 SE OF SECTION 7
TOWNSHIP 11 NORTH RANGE 24 EAST THENCE WEST 330 FEET THENCE NORTH900 MORE OR LESS TO THE POINT OF BEGINNING
The undersigned will present said application to the City Planning Commission at its regularly scheduled meeting set for600 pm Tuesday September 6 2011 The City Planning Commission will conduct a public hearing on saidapplication at the City Council Chambers 111 N Elm Street Sallisaw Oklahoma and all interested persons areentitled to be heard and are invited to attend The notice published this 14 day of
August 2011
CITY OF SALLISAW OKLAHOMA
BY s Dianna Davis
DIANNA DAVIS City Clerk
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AGENDA ITEM COMMENTARYf
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MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Consider Approval of Planning Commission Case No 2011 14 Annexationby Governing Body Action Property Owned by Ms Edna Dodson Ordinance2011 16 and Declaring an Emergency
INITIATOR Board of City Commissioners
STAFF INFORMATION SOURCE Building Development Director
BACKGROUND The City of Sallisaw proposes to annex property owned by MsEdna Dodson into the corporate limits of the City of SallisawThis property is located at 1440 South Kerr Boulevard The
intent is to annex property which is adjacent to the corporateboundaries Both staff and Planning Commission recommendapproval Ms Dodson family has concerns about being able tocontinue with the present use of the property which is a garagefor service and repair She and the family asks that councilconvey their understanding of the law in that it allows them toremain at the same use without rezoning
EXHIBITS Ordinance 2011 16 available at the meetingNotice of Annexation by Governing Body ActionMap
KEY ISSUES Ms Dodsonsconcerns as stated above
FUNDING SOURCE NA
RECOMMENDATION Recommend approval of annexation Ordinance 2011 16 withemergency clause
L L s
Agenda Item Page 1 of 1
00020
NOTICE OF ANNEXATION BY GOVERNING BODY ACTION
Notice 1s hereby given that the City of Saliisaw pursuant to Title 11 OS Section 21103 proposes to annex thefollowing described properties into the corporate limits of the City of Saliisaw Oklahoma
Case No PC 201111 N 34 NE14 SW14 AND N 34 OF LOT 3 OF SECTION 7 TOWNSHIP 11 NORTH RANGE24 EAST SEQUOYAH COUNTY OKLAHOMA and
Case No PC 201112 LOT 2 AND THE SOUTH 320 FEET OF THE SE4 NW4 SECTION 7 TOWNSHIP 11NORTH RANGE 24 EAST SEQUOYAH COUNTY OKLAHOMA SUBJECT TOEASEMENTS OF RECORD IN FAVOR OF THE GRANTOR ACROSS THE NORTH 50 FEETOF LOT 2 OF EVEN DATE HEREWITH and
Case No PC 201113 PART OF THE SE4 NW4 OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA BEGINNING AT A POINT 5411 FEET WEST OFTHE NE CORNER THEREOF THENCE WEST 779 FEET TO THE NW CORNER OF SAIDSE4 NW4 THENCE SOUTH 400 FEET THENCE EAST AND PARALLEL WITH THENORTH LINE 779 FEET THENCE NORTH 400 FEET TO THE POINT OF BEGINNINGand
Case No PC 201114 A PART OF THE SW 34 NE Y OF SECTION 7 TOWNSHIP 11 NORTH RANGE 24 EASTSEQUOYAH COUNTY OKLAHOMA MORE PARTICULARLY DESCRIBED AS FOLLOWS
COMMENCING AT THE NW CORNER OF THE SAID SW Y NE X THENCE SOUTH 7890FEET TO THE TRUE POINT OF BEGINNING THENCE EAST 33125 FEET THENCESOUTH 900 FEET MORE OR LESS TO A POINT WHICH IS 1100 FEET NORTH AND
33051 FEET WEST OF THE SE CORNER OF THE NW A NW X SE A OF SECTION 7TOWNSHIP 11 NORTH RANGE 24 EAST THENCE WEST 330 FEET THENCE NORTH900 MORE OR LESS TO THE POINT OF BEGINNING
The undersigned will present said application to the City Planning Commission at its regularly scheduled meeting set for600 pm Tuesday September 6 2011 The City Planning Commission will conduct a public hearing on saidapplication at the City Council Chambers 111 N Elm Street Saliisaw Oklahoma and all interested persons areentitled to be heard and are invited to attend The notice published this 14 day of
August 2011
CITY OF SALLISAW OKLAHOMA
BY s Dianna Davis
DIANNA DAVIS City Clerk
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00030
7i AGENDA ITEM COMMENTARYESL 1518
1
91AHOP
MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Consider Approval of Ordinance 2011 17 An Ordinance AmendingSection 101 and Declaring an Emergency
INITIATOR Don Bauer
STAFF INFORMATION SOURCE City Attorney
BACKGROUND The proposed changes to Section 10 of the City of Sallisaw Code wererequested by Don Bauer who is moving to Sallisaw and has show dogsThe current code governing animals did not provide provisions for showdogs and the manner in which they are kept and cared for The CityAttorney will review this item with council
EXHIBITS Ordinances 2011 17
KEY ISSUES None
FUNDING SOURCE NA
RECOMMENDATION Recommend approval of Ordinance 2011 17 with emergency clauseattached
Agenda Item Page 1 of 1
00031
ORDINANCE NO 2011 17
AN ORDINANCE AMENDING SECTION 101 DEFINITIONS DEFININGCURRENTLY VACCINATED AND VACCINATION BY STRIKING THESAME AND ENACTING NEW DEFINITIONS FOR CURRENTLYVACCINATED AND VACCINATION AND ADDING A NEW DEFINITIONOF SHOW KENNELTO THE CITY OF SALLISAW CODE OFORDINANCES AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALLISAWOKLAHOMA
SECTION 1
Section 101 Definitions Currently Vaccinated and Vaccination are each herebyrepealed in their entirety
SECTION 2
Section 101 Definitions of the Sallisaw Code of Ordinances be established by enactingthe following definitions towit
Currently Vaccinated means properly immunized by or under thesupervision of a licensed veterinarian with an antirabies vaccine licensed andapproved by the United States Department of Agriculture for use in thatanimal species or meeting conditions specified in Oklahoma StateDepartment of Health Zoo Notice Disease Control Rules OAC Title 310Chapter 599 Section 310599391 Vaccine must have been given atappropriate time intervals for the age of the animal and type of vaccineadministered
Vaccination means an injection of United States Department of Agricultureapproved rabies vaccine administered by a licensed veterinarian every 12calendar months if a oneyear vaccine is used or every 36 calendar monthsif a threeyear vaccine is used
Show Kennel means a breeder of dogs or cats whose main purpose andgoal is to raise purebred dogs or cats for the purpose of competition inapproved nationally recognized show venues
SECTION 3
WHEREAS an emergency and immediate necessity exists by reason of the health safetyand protection of the citizens of Sallisaw therefore an emergency is declared to exist by
00032
reason whereof this ordinance shall be in full force and effect from and after its passageand approval
APPROVED this 12th day of September 2011
CITY OF SALLISAW OKLAHOMA
BySHANNON VANN Mayor
ATTEST
DIANNA DAVIS City Clerk
SEAL
00033
7 AGENDA ITEM COMMENTARY
MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Consider Approval of Ordinance 2011 18 An Ordinance AmendingSection 1013b and Declaring an Emergency
INITIATOR Don Bauer
STAFF INFORMATION SOURCE City Attorney
BACKGROUND The proposed changes to Section 10 of the City of Sallisaw Code wererequested by Don Bauer who is moving to Sallisaw and has show dogsThe current code governing animals did not provide provisions for showdogs and the manner in which they are kept and cared for The CityAttorney will review this item with council
EXHIBITS Ordinances 2011 18
KEY ISSUES None
FUNDING SOURCE NA
RECOMMENDATION Recommend approval of Ordinance 2011 18 with emergency clauseattached
Agenda Item Page 1 of 1
00034
ORDINANCE NO 2011 18
AN ORDINANCE AMENDING SECTION 1013b BY STRIKING THESAME AND ENACTING A NEW SECTION 1013b TO THE CITY OFSALLISAW CODE OF ORDINANCES AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALLISAWOKLAHOMA
SECTION 1
Section 1013b is hereby repealed in its entirety
SECTION 2
Section 1013b of the Sallisaw Code of Ordinances be enacted as follows
Every owner of a dog or cat is required to affix the tag issued by a licensedveterinarian for rabies vaccination to a collar to be worn by the dog or cat atall times except the owner of a show dog or cat whose coat maybedamaged by a collar may substitute an implanted microchip in lieu of acollar documentation to be available referencing said show dog or cat to theproper license tag and rabies vaccination It shall be unlawful for any personother than the owner or a licensed veterinarian to remove the collar ormicrochip from the dog or cat
SECTION 3
WHEREAS an emergency and immediate necessity exists by reason of the health safetyand protection of the citizens of Sallisaw therefore an emergency is declared to exist byreason whereof this ordinance shall be in full force and effect from and after its passageand approval
APPROVED this 12th day of September 2011
CITY OF SALLISAW OKLAHOMA
BySHANNON VANN Mayor
ATTEST
DIANNA DAVIS City Clerk
SEAL
00035
Ask F S4
AGENDA ITEM COMMENTARY
41AHMEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Consider Approval of Ordinance 2011 19 An Ordinance Amending Section1092band Declaring an Emergency
INITIATOR Donnell Bauer
STAFF INFORMATION SOURCE City Attorney
BACKGROUND The proposed changes to Section 10 of the City of Sallisaw Code wererequested by Don Bauer who is moving to Sallisaw and has show dogsThe current code governing animals did not provide provisions for showdogs and the manner in which they are kept and cared for The CityAttorney will review this item with council
EXHIBITS Ordinances 2011 19
KEY ISSUES None
FUNDING SOURCE NA
RECOMMENDATION Recommend approval of Ordinance 2011 19 with emergency clauseattached
2
Agenda Item Page 1 of 1
00030
ORDINANCE NO 2011 19
AN ORDINANCE AMENDING SECTION 1092b BY STRIKING THESAME AND ENACTING A NEW SECTION 1092b TO THE CITY OFSALLISAW CODE OF ORDINANCES AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALLISAWOKLAHOMA
SECTION 1
Section 1092b is hereby repealed in its entirety
SECTION 2
Section 1092b of the Sallisaw Code of Ordinances be enacted as follows
The provisions of this Section shall not apply to kennels operated andmaintained by licensed veterinarians to commercial pet stores where allanimals are kept within the establishment to show kennels where theanimals housing is under the roof or physically attached to the ownershome nor to animal shelters
SECTION 3
WHEREAS an emergency and immediate necessity exists by reason of the health safetyand protection of the citizens of Sallisaw therefore an emergency is declared to exist byreason whereof this ordinance shall be in full force and effect from and after its passageand approval
APPROVED this 12th day of September 2011
CITY OF SALLISAW OKLAHOMA
BySHANNON VANN Mayor
ATTEST
DIANNA DAVIS City Clerk
SEAL
0003 7
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K f AGENDA ITEM COMMENTARY
4tAHo0
MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Consider Approval of Ordinance 2011 20 An Ordinance AmendingSection 1093a and Declaring an Emergency
INITIATOR Don Bauer
STAFF INFORMATION SOURCE City Attorney
BACKGROUND The proposed changes to Section 10 of the City of Sallisaw Code wererequested by Don Bauer who is moving to Sallisaw and has show dogsThe current code governing animals did not provide provisions for showdogs and the manner in which they are kept and cared for The CityAttorney will review this item with council
EXHIBITS Ordinance 2011 20
KEY ISSUES None
FUNDING SOURCE NA
RECOMMENDATION Recommend approval of Ordinance 2011 20 with emergency clauseattached
Agenda Item Page 1 of 1
00038
ORDINANCE NO 2011 20
AN ORDINANCE AMENDING SECTION 1093a BY STRIKING THESAME AND ENACTING A NEW SECTION 1093a TO THE CITY OFSALLISAW CODE OF ORDINANCES AND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALLISAWOKLAHOMA
SECTION 1
Section 1093a is hereby repealed in its entirety
SECTION 2
Section 1093a of the Sallisaw Code of Ordinances be enacted as follows
It is a condition to the issuance of a kennel license that an animal welfareofficer shall be permitted to inspect at all reasonable times all animals andkennels except as to a show kennel under the roof or physically attached tothe owners home
SECTION 3
WHEREAS an emergency and immediate necessity exists by reason of the health safetyand protection of the citizens of Sallisaw therefore an emergency is declared to exist byreason whereof this ordinance shall be in full force and effect from and after its passageand approval
APPROVED this 12th day of September 2011
CITY OF SALLISAW OKLAHOMA
BySHANNON VANN Mayor
ATTEST
DIANNA DAVIS City Clerk
SEAL
00039
u
IT li AGENDA ITEM COMMENTARY
MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Consider Approval of Ordinance 2011 21 An Ordinance AmendingSection 10124 and Declaring an Emergency
INITIATOR Don Bauer
STAFF INFORMATION SOURCE City Attorney
BACKGROUND The proposed changes to Section 10 of the City of Sallisaw Code wererequested by Don Bauer who is moving to Sallisaw and has show dogsThe current code governing animals did not provide provisions for showdogs and the manner in which they are kept and cared for The CityAttorney will review this item with council
EXHIBITS Ordinance 2011 21
KEY ISSUES None
FUNDING SOURCE NA
RECOMMENDATION Recommend approval of Ordinance 2011 21 with emergency clauseattached
L
Agenda Item Page 1 of 1
00040
ORDINANCE NO 2011 21
AN ORDINANCE AMENDING SECTION 10124 OF THE SALLISAW CODEOF ORDINANCES BY STRIKING THE SAME AND ENACTING A NEWSECTION 10124 TO THE CITY OF SALLISAW CODE OF ORDINANCESAND DECLARING AN EMERGENCY
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALLISAWOKLAHOMA
SECTION 1
Section 10124 is hereby repealed in its entirety
SECTION 2
Section 10124 of the Sallisaw Code of Ordinances be established by enacting thefollowing
Tags issued shall be fastened to the animalscollar or harness at all timesThe collar or harness with tag shall be worn by the animal at all times withthe exception of show animals as set out in Section 1013 of the SallisawCode of Ordinances
SECTION 3
WHEREAS an emergency and immediate necessity exists by reason of the health safetyand protection of the citizens of Sallisaw therefore an emergency is declared to exist byreason whereof this ordinance shall be in full force and effect from and after its passageand approval
APPROVED this 12th day of September 2011
CITY OF SALLISAW OKLAHOMA
BySHANNON VANN Mayor
ATTEST
DIANNA DAVIS City Clerk
SEAL
00041
riCoF A
i li AGENDA ITEM COMMENTARY
oIAHo
MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Acknowledge Supplemental Workers Compensation Refund in the Amountof 10664696 and Authorize the Oklahoma Municipal Assurance Group toApply the Full Amount as Credit to Current Quarterly Workers
Compensation Premium
INITIATOR Assistant City ManagerCity Clerk
STAFF INFORMATION SOURCE Assistant City Manager
BACKGROUND We have received notification that we are receiving a SupplementalWorkers Compensation Refund in the amount of 10664696 We
currently have 12416963 in our escrow account Staff requestsapproval to apply the full refund amount to our current quarterly workcomp premium We estimate our second quarter premium payment willbe8309050 Applying the entire refund will pay the second quarter andapproximately 23000 of the third quarter payment
EXHIBITS Correspondence from OMAGRefund Voucher Agreement
KEY ISSUES Use of this refund will help offset this yearswork comp premium
FUNDING SOURCE NA
RECOMMENDATION Approval to apply the supplemental refund amount of 10664696 tothe citys current quarterly work comp premium
Agenda Item Page I of 1
00042
September 1 2011
Mr Bill Baker City ManagerPO Drawer 525
Sallisaw OK 74955
Re Supplemental Workers Compensation Refundsr
4g Ala2 Dear Bill
riQti As a participant in the OMAG Workers CompensationPlan you are aware that periodically your municipality has
0 received refunds of unused loss funds This is a distinct10 advantage of being a member of OMAG
We know that WC claims may span several years andinvolve thousands of dollars Estimating the reserves requiredfor these claims over time is an inexact science or smart guess atbest
Each year in the WC Plan cases are closed or settled forg various reasons often leaving these reserves unexpended andor
5 unencumbered Conversely claims can be reopened by theComp Court and additional expense incurred after the Plan
E Member has received a refund for that Plan Year Our
Agreement allows OMAG to seek restitution if such actionw occurs
k OMAG is processing several years of claims developmentas described above The good news is that Sallisaw is due anadditional refund of10664696 Enclosed is a Supplemental
fvq Workers Compensation Refund Voucher Authorization foryour execution In the document you can see the Plan Years
fra
involved in this refund This Authorization instructs OMAG on
how you wish to utilize these fundsIf you have any questions concerning this matter please
call me4rr4411
Sincerely
est ILL4130 N Lincoln Blvd Chuck SmithOklahoma City OK
731055209Director of Plan Services
405 525 6624
1800 2349461
fax 405 525 5888
wwwomagorg00043
SUPPLEMENTAL WORKERS COMPENSATION
REFUND VOUCHER AUTHORIZATION
This Authorization made and entered into this day of 2011 shallremain in full force and effect between the Sallisaw hereinafter referred to as the Member andthe Oklahoma Municipal Assurance Group hereinafter referred to as the Group witnesseth
WHEREAS as a result of favorable resolution of claims incurred on behalf of theMember a refund of unused funds as described below is hereby authorized in the amount of10664696
1997 117871911999 33223872000 3225
2001 339
2002 489612004 45306622005 1447912006 13614
WHEREAS the Member by adopting and subscribing to the GroupsWorkersCompensation Plan for the above mentioned Plan Years and made payments of annual fees forstatutory benefits under 85 OS 1 et seq the Workers Compensation Act of the State ofOklahoma including the execution of the Plan Refund Voucher Agreements and
WHEREAS the execution of this Supplemental Workers Compensation RefundVoucher authorizes the Member to make application for the distributions of said fundsin one of three ways
You may select one of the following options
PLEASE INITIAL YOUR SELECTION
a Member authorizes the Group to deposit the refund into the Escrow account whichreceives interest earnings while on account
b Member desires apply the full amount as credit toward the current quarterlypayments for the 2011 2012 Workers Compensation Premium Only choose this option ifyour
00044
city or townsannual premium is greater than 5 000oare currently makingquarterly paymentsfor the 2011 2012 Plan Year
c Please issue a refund check for the entire amount
NOTE If we do not receive notification of your selection prior to November 30 2011our refu d will be automaticall transferred to our Escrow Account
In witness whereof signed as designated below
Mayor
Attested CityTown Clerk
Date
Select and initial your refund option above Return with original signatures of Mayor andClerk to the Oklahoma Municipal Assurance Group 4130 N Lincoln Blvd OklahomaCity OK 73105
00045
N
AGENDA ITEM COMMENTARY
MEETING DATE September 12 2011 BOARD Board of City Commissioners
ITEM TITLE Discuss Requirements for Building Permits and Provide Guidance to CityManager
INITIATOR Mayor
STAFF INFORMATION SOURCE City ManagerBuilding Development Director
BACKGROUND During recent budget workshops in May 2011 the City Commissioners andstaff discussed building permits At that time there appeared to be realinterest on the part of City Commissioners to minimize the requirements forobtaining building permits It appeared to be consensus that building permitsshould not be required for projects valued less than a certain dollar amountThe Commission directed the City Manager to bring this item back to theCommission for further discussion
Building Development Director Keith Miller will brief the Commission oncurrent requirements and associated fees
If changes are directed appropriate documents will be brought back to theCommission for consideration at its October or November meeting
EXHIBITS None
KEY ISSUES What level of control and oversight does the City Commission want theBuilding Development Department to have on minor construction projects
Will current State law allow the City to waive requirement for buildingpermits
What dollar amount should be established for waiver of building permits
FUNDING SOURCE Not applicable
RECOMMENDATION Provide guidance to the City Manager concerning building permitrequirements
Agenda Item Page 1 of 1
00040