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Home My WebLink About2013.09.03_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL ~C F~ TYPE OF MEETING: Regular DATE: Septeber ME: 6:30 p m. 3, 2013 6 Cal PLACE: Council Chambers, Old Central Building 109 N. Birch Notice and agenda filed in the office of the City Clerk and posted t Ci y Hall at 6:00 p.m. or Friday, August 30, 2013. Sherry Bisho City Clerk AGENDA 1. Call to Order Mayor Doug Bonebrake 2. Invocation Pastor Shane Cheek of Owasso Pentecostal 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Responsibility Liz Swearingen, Character Council Member Recognition of The Gathering on Main Mayor Bonebrake Event organizers will be recognized. 7. Recognition of Animal Control Donation Mayor Bonebrake Community Animal Assistance, Rehoming, and Education (CAARE) will be recognized. 8. Consideration and appropriate action relating to a request for City Council approval of the Consent Agenda. All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non- debatable. A. Approval of Minutes of the August 20, 2013 Regular Meeting Attachment #8-A B. Approval of Claims Attachment #8-13 Owasso City Council September 3, 2013 Page 2 C. Acceptance of Infrastructure including Approaches and Stormwater Drainage Systems at Tulsa Technology Center Campus Attachment #8-C D. Acceptance of Infrastructure including Street, Sanitary Sewer, and Stormwater Drainage at Keys Landing Attachment #8-D E. Approval of a Workers Compensation Settlement for Michael Denton and Authorization for payment in the amount of $68,000. Attachment #8-E 9. Consideration and appropriate action relating to items removed from the Consent Agenda 10. Consideration and appropriate action relating to a donation from the Historical Society and a budget amendment to the General Fund Larry Langford Attachment # 10 Staff recommends acceptance of a donation and approval of a budget amendment increasing the estimated revenue in the General Fund by $25,000 and increasing appropriation for expenditures in the Museum Department by $25,000. 11. Consideration and appropriate action relating to Phase II of the Multi-Use Police Training Facility Project Mike Barnes Attachment #I 1 Staff recommends approval of Phase II of the Multi-Use Police Firearms Training Facility Project. 12. Consideration and appropriate action relating to the adoption of Resolution No. 2013-14, a resolution retaining legal services to defend the City of Owasso and authorizing the filing of all appropriate counterclaims on behalf of the City of Owasso Julie Lombardi Attachment # 12 Staff recommends adoption of Resolution 2013-14. 13. Report from City Manager A. Public Works Monthly Status Report 14. Report from City Attorney 15. Report from City Councilors 16. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 17. Adjournment OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, August 20, 2013 The Owasso City Council met in regular session on Tuesday, August 20, 2013 in the Council Chambers at Old Central per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 p.m. on Friday, August 16, 2013. ITEM 1 CALL TO ORDER Mayor Bonebrake called the meeting to order at 6:30 p.m. ITEM 2 INVOCATION The invocation was offered by Linzy Slayden of Friendship Baptist Church ITEM 3 FLAG SALUTE Vice-Mayor Kelley led the flag salute ITEM 4 ROLL CALL PRESENT ABSENT Doug Bonebrake, Mayor Chris Kelley, Vice Mayor Charlie Brown, Councilor Jeri Moberly, Councilor Patrick Ross, Councilor A quorum was declared present STAFF Warren Lehr, Interim City Manager Julie Lombardi, City Attorney ITEM 5 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR CITY COUNCIL APPROVAL OF THE CONSENT AGENDA. ALL MATTERS LISTED UNDER "CONSENT" ARE CONSIDERED BY THE CITY COUNCIL TO BE ROUTINE AND WILL BE ENACTED BY ONE MOTION. ANY COUNCILOR MAY, HOWEVER, REMOVE AN ITEM FROM THE CONSENT AGENDA BY REQUEST. A MOTION TO ADOPT THE CONSENT AGENDA IS NON-DEBATABLE. A. Approval of Minutes of the August 6, 2013 Regular Meeting and the August 13, 2013 Work Session B. Approval of Claims C. Receipt of the Monthly Budget Status Report D. Approval of Ordinance No. 1026 annexing property located on southwest corner of E 1 16th St N and N 129th E Ave (also known as Ace Hardware) and to assign a zoning of CS (commercial shopping) to said tract E. Acceptance of sanitary sewer infrastructure for subject property located at E 96th St N and N 129th E Ave (Willis Farms) F. Acceptance of sanitary sewer infrastructure for Villas at Stonebridge, located at N 132nd E Avenue Owasso City Council August 20, 2013 Page 2 G. Acceptance of "Agreements for Urban Engineering Services" for site, paving, waterline and other utilities located at 401 W 2nd Ave Mr. Brown moved, seconded by Dr. Kelley to approve the Consent Agenda with claims totaling $301,870.59. Also included for review were the self-insurance claims report and the payroll payment report, for 08/10/13. YEA: Moberly, Brown, Ross, Kelley, Bonebrake NAY: None Motion passed 5-0 ITEM 6 Consideration and appropriate action relating to items removed from the Consent Agenda No action required ITEM 7 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A CITIZEN REQUEST TO APPEAL THE CODE ENFORCEMENT DESIGNATION OF A NUISANCE AT 13301 E 89TH STREET NORTH AND SUBSEQUENT ABATEMENT OF SUCH NUISANCE AS DEFINED IN CHAPTER 4 OF THE OWASSO CODE OF ORDINANCES Jeff Law addressed the City Council regarding a Code Enforcement 48-hour warning left on an inoperable vehicle at private property located at 13301 E 89th Street North. Mr. Law contends City and State ordinances are not consistent in relation to code enforcement of inoperable and abandoned vehicles. Julie Lombardi, City Attorney, explained the context of state statute reference in the city ordinances. Mayor Bonebrake requested staff review of the ordinances relating to inoperable and abandoned vehicles. ITEM 8 CONSIDERATION AND APPROPRIATE ACTION APPROVING THE FINAL PLAT FOR PARK PLACE AT PRESTON LAKES, LOCATED THE NORTH SIDE OF EAST 86TH STREET NORTH AND '/4 MILE WEST OF NORTH 161sT EAST AVENUE Bronce Stephenson presented the item recommending acceptance of the final plat for Park Place at Preston Lakes, located the north side of East 86th Street North and '/4 mile west of North 161st East Avenue. Following discussion, Ms. Moberly moved, seconded by Dr. Kelley to approve the final plat for Park Place at Preston Lakes as recommended. YEA: Brown, Moberly, Kelley, Ross, Bonebrake NAY: None Motion passed 5-0 Owasso City Council August 20, 2013 Page 3 ITEM 9 CONSIDERATION AND APPROPRIATE ACTION APPROVING THE 2014 STREET REHABILITATION PROGRAM PRIORITIES Roger Stevens presented the item recommending acceptance of the 2014 Street Rehabilitation Program priorities. Councilor Brown exited the meeting at 7:00pm and returned to the meeting at 7:04pm. Following discussion, Mr. Ross moved, seconded by Mr. Brown to approve the 2014 Street Rehabilitation Program priorities as recommended. YEA: Moberly, Kelley, Ross, Brown, Bonebrake NAY: None Motion passed 5-0 ITEM 10 CONSIDERATION AND APPROPRIATE ACTION ACCEPTING THE STREET INFRASTRUCTURE IN THE VILLAS AT STONEBRIDGE AND APPROVING A ROADWAY MAINTENANCE AGREEMENT Roger Stevens presented the item recommending acceptance of the street infrastructure in the Villas at Stonebridge and approval of a Roadway Maintenance Agreement with Sooner Traditions, LLC and Hunter Miller. Following discussion, Dr. Kelley moved, seconded by Mr. Brown to approve the street infrastructure in the Villas at Stonebridge and to approve the Roadway Maintenance Agreement as recommended. YEA: Kelley, Ross, Brown, Moberly, Bonebrake NAY: None Motion passed 5-0 ITEM 11 CONSIDERATION AND APPROPRIATE ACTION RELATING TO THE PURCHASE OF THE FORMER FIRST BANK OF OWASSO BUILDING AT 76TH AND MAIN Warren Lehr presented the item recommending authorization to purchase of the former First Bank of Owasso building at 76th and Main in the amount of $1.6 million. Mr. Lehr reported that the most recent environmental inspection by Blackshare Environmental on August 15, 2013 reflects no presence of asbestos. One citizen addressed the Council. Following discussion, Dr. Kelley moved, seconded by Ms. Moberly to authorize and execute a contract for the purchase of the former First Bank of Owasso building at 76th and Main as recommended. YEA: Moberly, Kelley, Bonebrake NAY: Ross, Brown Motion passed 3-2 Owasso City Council August 20, 2013 Page 4 ITEM 12 CONSIDERATION AND APPROPRIATE ACTION RELATING TO A PROPOSAL FROM STRATEGIC GOVERNMENT RESOURCES (SGR) FOR EXECUTIVE SEARCH SERVICES Mayor Bonebrake presented the item recommending an agreement with SGR for executive search services for a city manager in an amount not to exceed $24,000, approving the creation of a recruitment video at a cost of $2,500, and authorizing the Mayor to execute the agreement. Following discussion, Mr. Ross moved, seconded by Mr. Brown to authorize the Mayor to execute an agreement with SGR as recommended. YEA: Brown, Ross, Kelley, Moberly, Bonebrake NAY: None Motion passed 5-0 ITEM 13 REPORT FROM CITY MANAGER No report ITEM 14 REPORT FROM CITY ATTORNEY No report ITEM 15 REPORT FROM CITY COUNCILORS Mayor Bonebrake congratulated the opening of Tulsa Technology Center on August 19, 2013. Charlie Brown commended everyone who participated in the Guns and Hoses Blood Drive. ITEM 16 DISCUSSION RELATED TO AN OPEN RECORDS REQUEST Councilor Ross requested an item to dispel and resolve complaints expressed b Councilor Moberly on August 6, 2013 regarding his response to records requests of July 11, 15, 17 and 18 of this year. Councilor Ross stated that his response to the comments made by Councilor Moberly on August 6, 2013, regarding non-compliance with an open records request, would be presented by his attorney, Christopher Camp. Mayor Bonebrake stated that it would not be appropriate for Mr. Camp to address the Council on this issue due to the lawsuit he has filed against the City. Mayor Bonebrake further stated that Councilor Ross was welcome to present his own comments on this issue. Councilor Ross declined to address the Council. ITEM 17 NEW BUSINESS No report Owasso City Council August 20, 2013 Page 5 ITEM 18 ADJOURNMENT Mr. Ross moved, seconded by Mr. Brown to adjourn. Motion carried 5-0 and the meeting was adjourned at 7:47 p.m. Doug Bonebrake, Mayor Ashley Hickman, Minute Clerk Claims List 9/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni MUNICIPAL COURT CHARLES N. ROMANS BAILIFF SERVICES 350.00 SAV-ON PRINTING & SIGNS LLC BUSINESS CARDS 60.00 TOTAL MUNICIPAL COURT 410.00 MANAGERIAL JPMORGAN CHASE BANK OKLA MUNICIPAL-CODE BOOK 56.50 JPMORGAN CHASE BANK DOME PUBLISHING-BOOK 21.70 JPMORGAN CHASE BANK MTG EXP COUNCIL WRK SESS 129.98 JPMORGAN CHASE BANK OFFICE DEPOT-NOTARY STMP 37.91 TOTAL MANAGERIAL 246.09 FINANCE JPMORGAN CHASE BANK AMAZON-REFERENCE BOOK 14.25 JPMORGAN CHASE BANK OFFICE EVYTHG-MICR TONER 160.29 TOTAL FINANCE 174.54 HUMAN RESOURCES AMERICANCHECKED, INC ATTN: BILLING BACKGROUND CHECKS FOR NEW 295.60 JPMORGAN CHASE BANK TULSA WORLD-ADVERTISING 1,346.20 JPMORGAN CHASE BANK NEIGHBOR NEWS-ADVERTISING 31.00 JPMORGAN CHASE BANK BARNES & NOBLE-EMP DEV 50.96 JPMORGAN CHASE BANK INDEED-ADVERTISING 30.91 JPMORGAN CHASE BANK DOME PUBLISHING-BOOK 21.70 JPMORGAN CHASE BANK ADMIRAL-OFFICE SUPPLIES 125.78 JPMORGAN CHASE BANK OK SAFETY COUNCIL MEETING 11.37 JPMORGAN CHASE BANK CLAREMORE DAILY-ADVERTISE 39.00 URGENT CARE OF GREEN COUNTRY, P.L.L PRE-EMPLOYMENT DRUG SCREE 175.00 URGENT CARE OF GREEN COUNTRY, P.L.L RANDOM DRUG SCREENING 525.00 JPMORGAN CHASE BANK CHARACTER FIRST-BULLETINS 557.20 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 38.89 TOTAL HUMAN RESOURCES 3,248.61 HR - CHARACTER INITIATIVE JPMORGAN CHASE BANK ADMIRAL-CHARACTER INITIAT 64.10 TOTAL HR - CHARACTER INITIATIVE 64.10 GENERAL GOVERNMENT COMMUNITY PUBLISHERS INC PUBLICATIONS 102.20 RICOH USA, INC. COPIER SERVICE & SUPPLIES 86.20 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 137.45 CINTAS CORPORATION CARPET/MAT CLEANING 51.70 TULSA COFFEE SERVICE INC COFFEE SUPPLIES 86.80 COMMUNITY PUBLISHERS INC PUBLICATIONS 173.60 AT&T CONSOLIDATED PHONE BILL 677.51 MAILROOM FINANCE INC POSTAGE 1,000.00 BREWSTER & DEANGELIS, PLLC LEGAL SERVICES-PERSONNEL 22,027.75 BREWSTER & DEANGELIS, PLLC LEGAL SERVICES-PERSONNEL 606.49 ERIC J. GROVES LEGAL SERVICES 7,830.25 Page 1 Claims List 9/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amount TOTAL GENERAL GOVERNMENT 32,779.95 COMMUNITY DEVELOPMENT FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 150.00 FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 150.00 RICHARD L. BYRNE II CODE ENFORCEMENT MOWING 200.00 RICHARD L. BYRNE II CODE ENFORCEMENT MOWING 150.00 JOHNNY-WAYNE MCKNIGHT CODE ENFORCEMENT MOWING 150.00 JOHNNY-WAYNE MCKNIGHT CODE ENFORCEMENT MOWING 150.00 FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 150.00 FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 150.00 RICHARD L. BYRNE II CODE ENFORCEMENT MOWING 150.00 RICHARD L. BYRNE II CODE ENFORCEMENT MOWING 150.00 KENNETH LIVINGSTON CODE ENFORCEMENT ABATEMEN 500.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 150.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 150.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 250.00 JPMORGAN CHASE BANK HOBBY LOBBY-SUPPLIES 22.31 JPMORGAN CHASE BANK BGR-LAND USE PLAN MTG EXP 40.00 JPMORGAN CHASE BANK HOBBY LOBBY-SUPPLIES 7.57 JOHNNY-WAYNE MCKNIGHT CODE ENFORCEMENT MOWING 150.00 FRED STEPHEN CORLEY CODE ENFOREMENT MOWING 150.00 TOTAL COMMUNITY DEVELOPMENT 2,969.88 ENGINEERING JPMORGAN CHASE BANK GRAPHIC RES-SUPPLIES 829.28 JPMORGAN CHASE BANK AMERICAN-BAGGAGE FEE 25.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 21.36 UNIFIRST HOLDINGS LP UNIFORM RENTAL 21.36 JPMORGAN CHASE BANK DLT-AUTOCAD RENEWAL 4,726.45 TOTAL ENGINEERING 5,623.45 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK OFFICE DEPOT-XEROX PAPER 37.95 JPMORGAN CHASE BANK PRESIDIO-SMARTNET RENEWAL 634.20 NOBEL SYSTEMS, INC GIS ANNUAL SUBSCRIPTION 14,000.00 USA MOBILITY WIRELESS, INC PAGER USE 8.86 JPMORGAN CHASE BANK OFFICE DEPOT-SWITCHES 69.98 JPMORGAN CHASE BANK BARRACUDA-WEB FILTER 1,998.00 TOTAL INFORMATION TECHNOLOGY 16,748.99 SUPPORT SERVICES JPMORGAN CHASE BANK COX-INTERNET SERVICES 69.95 JPMORGAN CHASE BANK LOWES-PADLOCK 14.97 JPMORGAN CHASE BANK LIGHTING INC-FLAG LIGHTS 5.25 JPMORGAN CHASE BANK MURPHY-JANITORIAL SUPPLIE 116.88 OKLAHOMA DEPARTMENT OF LABOR BOILER INSPECTION 50.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 17.27 Page 2 Claims List 9/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni SUPPORT SERVICES... UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 17.27 SPRINT SPRINT CARDS 79.98 JPMORGAN CHASE BANK COMM'L SERVICES-AC UNIT 266.00 AT&T CONSOLIDATED PHONE BILL 77.57 JPMORGAN CHASE BANK LOCKE-CH STATUE LGHT BULB 34.49 JPMORGAN CHASE BANK LOT A-PARKING FEE 5.00 TOTAL SUPPORT SERVICES 754.63 CEMETERY L & B DIRT PIT DIRT FOR CEMETERY 50.00 L & B DIRT PIT DIRT FOR CEMETERY 50.00 TOTAL CEMETERY 100.00 POLICE SERVICES JPMORGAN CHASE BANK DAVIS/STANTON-UNIFORMS 130.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 82.47 JPMORGAN CHASE BANK HOME DEPOT-MOP/BUCKET 75.94 LENOX WRECKER SERVICE INC TOWING 133.88 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY14 157.50 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FY14 157.50 JPMORGAN CHASE BANK OACP-TRAINING SEMINAR 250.00 JPMORGAN CHASE BANK WALMART-SUPPLIES 92.60 JPMORGAN CHASE BANK WALMART-SUPPLIES 7.56 JPMORGAN CHASE BANK SAV ON-BUSINESS CARDS 30.00 JPMORGAN CHASE BANK SIRCHIE-SUPPLIES 65.50 JPMORGAN CHASE BANK ARROWHEAD-SUPPLIES 152.24 JPMORGAN CHASE BANK SAFARILAND-LAB SUPPLIES 466.80 JPMORGAN CHASE BANK LOWES-SUPPLIES 39.98 JPMORGAN CHASE BANK SOME'S-UNIFORM MEDALS 175.00 JPMORGAN CHASE BANK VIEVU-SUPPLIES 118.00 JPMORGAN CHASE BANK VIEVU-CAMERA REPAIRS 543.00 JPMORGAN CHASE BANK VIEVU-CAMERA REPAIRS 193.00 JPMORGAN CHASE BANK THOMSON-CLEAR ACCESS 168.30 AT&T CONSOLIDATED PHONE BILL 477.18 USA MOBILITY WIRELESS, INC PAGER USE 35.44 JPMORGAN CHASE BANK LOWES-SALES TAX REFUND -1.59 JPMORGAN CHASE BANK LOWES-SUPPLIES 20.53 JPMORGAN CHASE BANK LOWES-HARDWARE 22.81 TOTAL POLICE SERVICES 3,593.64 POLICE COMMUNICATIONS JCHASE BANK HEADSETS DIRECT-HEADSETS 880.45 JPMORGAN CHASE BANK WALMART-PRISONER BOARD 129.92 TOTAL POLICE COMMUNICATIONS 1,010.37 ANIMAL CONTROL JPMORGAN CHASE BANK MEDVET-SUPPLIES 151.30 JPMORGAN CHASE BANK TROPHY STORE-PLAQUE 64.50 Page 3 Claims List 9/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni ANIMAL CONTROL... JPMORGAN CHASE BANK OFFICE DEPOT-AC SUPPLIES 29.24 JPMORGAN CHASE BANK OREILLY-AC SUPPLIES 35.98 JPMORGAN CHASE BANK CENTURY NOVELTY-SUPPLIES 39.75 AT&T CONSOLIDATED PHONE BILL 80.23 JPMORGAN CHASE BANK WEST ENGRAVERS-SUPPLIES 166.60 JPMORGAN CHASE BANK SPORTSMAN GUIDE-PARTS 17.98 TOTAL ANIMAL CONTROL 585.58 FIRE SERVICES JPMORGAN CHASE BANK NFPA-PUBLICATION RENEWAL 1,165.50 JPMORGAN CHASE BANK NAFECO-BADGES 38.40 JPMORGAN CHASE BANK KOHLS-UNIFORM SHOES 51.00 JPMORGAN CHASE BANK AMAZON-RETURN -133.00 JPMORGAN CHASE BANK K&M SHILLINGFORD-REPORT 245.50 JPMORGAN CHASE BANK LOCKE-BALLASTS/BULBS 154.97 JPMORGAN CHASE BANK ATWOODS-FLOOR MATS 197.94 JPMORGAN CHASE BANK ATWOODS-FUSE 9.99 JPMORGAN CHASE BANK CARNIVAL-UNIFORM SHOES 148.98 JPMORGAN CHASE BANK INTERVIEW PANELIST EXP 62.38 JPMORGAN CHASE BANK HIBBETT-UNIFORM SHOES 100.00 JPMORGAN CHASE BANK INTERVIEW PANELIST EXP 50.39 JPMORGAN CHASE BANK LOWES-SUPPLIES 17.73 LION APPAREL, INC. UNIFORM APPAREL REPAIRS 1,882.25 JPMORGAN CHASE BANK INTERVIEW PANELIST EXP 45.73 AT&T CONSOLIDATED PHONE BILL 421.38 JPMORGAN CHASE BANK WAYEST-STRAPS 173.69 JPMORGAN CHASE BANK WAYEST-SCBA REPAIR 1,000.75 JPMORGAN CHASE BANK LOWES-LIGHTBULBS 30.92 JPMORGAN CHASE BANK AMER AIRWORKS-SUPPLIES 61.15 JPMORGAN CHASE BANK HEIMAN-LEAK PLUG KITS 635.35 JPMORGAN CHASE BANK BASS PRO-UNIFORM APPAREL 79.77 AT&T MOBILITY WIRELESS SERVICE 47.77 JPMORGAN CHASE BANK INTERVIEW PANEL LUNCH 61.06 JPMORGAN CHASE BANK DALE & LEE-AC REPAIR ST#1 201.16 JPMORGAN CHASE BANK WALMART-SUPPLIES 28.77 JPMORGAN CHASE BANK MAGIC REFRIG-SUPPLIES 184.00 JPMORGAN CHASE BANK PAUL CONWAY-PLAQUE SHIELD 344.20 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 67.97 JPMORGAN CHASE BANK OFFICE DEPOT-FD MANUALS 7275 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 91.23 JPMORGAN CHASE BANK LOWES-CABLE 61.50 JPMORGAN CHASE BANK PROGRESSIVE BUS-LAW BOOK 254.95 JPMORGAN CHASE BANK CARNIVAL-UNIFORM SHOES 134.97 JPMORGAN CHASE BANK OREILLY-AIR GAUGE 20.48 JPMORGAN CHASE BANK WALMART-COFFEE POT 10.97 JPMORGAN CHASE BANK GALLS-BOOTS 174.99 Page 4 Claims List 9/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni FIRE SERVICES... JPMORGAN CHASE BANK WALMART-TEA 8.72 JPMORGAN CHASE BANK IMAGENET-COPIER SERVICE 360.72 JPMORGAN CHASE BANK ADVANCE AUTO-SUPPLIES 3.99 JPMORGAN CHASE BANK LOWES-SUPPLIES FS#2 58.94 JPMORGAN CHASE BANK CONRAD FIRE-LATCH 33.30 JPMORGAN CHASE BANK PENNEYS-UNIFORM PANTS 73.98 JPMORGAN CHASE BANK LOWES-SUPPLIES 60.94 TOTAL FIRE SERVICES 8,798.13 EMERGENCY PREPAREDNES JPMORGAN CHASE BANK LOWES-SUPPLIES 6.69 AT&T CONSOLIDATED PHONE BILL 41.48 JPMORGAN CHASE BANK LOWES-SUPPLIES 13.72 TOTAL EMERGENCY PREPAREDNESS 61.89 STREETS JPMORGAN CHASE BANK MILL CREEK-SUPPLIES 182.28 UNIFIRST HOLDINGS LP UNIFORM RENTAL 68.79 UNIFIRST HOLDINGS LP UNIFORM RENTAL 36.03 USA MOBILITY WIRELESS, INC PAGER USE 52.80 JPMORGAN CHASE BANK GRAINGER-VEST 13.14 SIGNALTEK INC QUADRAPOLE LOOP REPLACEME 1,250.00 SPRINT SPRINT CARDS 119.97 JPMORGAN CHASE BANK TRANSCO-SAFETY APPAREL 3.15 JPMORGAN CHASE BANK PELCO PROD-SWITCHES 210.40 JPMORGAN CHASE BANK WALMART-LUNCHROOM TABLES. 84.50 TOTAL STREETS 2,021.06 STORMWATER JPMORGAN CHASE BANK WALMART-LUNCHROOM TABLES 84.50 JPMORGAN CHASE BANK EQUIPMENT ONE-RENTAL 145.00 JPMORGAN CHASE BANK TRANSCO-SAFETY APPAREL 3.15 JPMORGAN CHASE BANK QUIK SERVICES-STEEL 39.20 JPMORGAN CHASE BANK P & K EQUIP-EDGER BLADES 239.00 SPRINT SPRINT CARDS 159.96 SAV-ON PRINTING & SIGNS LLC BUSINESS CARDS 30.00 JPMORGAN CHASE BANK EQUIP ONE-SAFETY SWITCH 13.65 JPMORGAN CHASE BANK ATWOODS-TRASH BAGS 13.98 JPMORGAN CHASE BANK GRAINGER-VEST 13.14 JPMORGAN CHASE BANK P & K EQUIPMENT-PARTS 55.98 USA MOBILITY WIRELESS, INC PAGER USE 34.58 UNIFIRST HOLDINGS LP UNIFORM RENTAL 24.81 UNIFIRST HOLDINGS LP UNIFORM RENTAL 24.81 JPMORGAN CHASE BANK AMAZON-FISH BOOKS 35.64 JPMORGAN CHASE BANK ATWOODS-BOLTS 4.35 JPMORGAN CHASE BANK EQUIPMENT ONE-CREDIT -25.29 JPMORGAN CHASE BANK P & K EQUIPMENT-KEYS 9.40 Page 5 Claims List 9/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni STORMWATER... JPMORGAN CHASE BANK P & K EQUIPMENT-REPAIRS 1,365.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 20 8"% TOTAL STORMWATER 2,291 73 PARKS JPMORGAN CHASE BANK ATWOODS-SPRAY PAD BUTTON 8.69 JERRY WOODS WOODS WELDING FENCE WELDING SPORTSPARK 1,000.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL 14.45 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE AT MCCARTY 541.10 ADT SECURITY SERVICES INC ALARM SERVICE 63.07 UNIFIRST HOLDINGS LP UNIFORM RENTAL 14.45 JPMORGAN CHASE BANK LOCKE SUPPLY-PARTS 14.84 JPMORGAN CHASE BANK ATWOODS-SAFETY EQUIP 8.48 JPMORGAN CHASE BANK ATWOODS-SAFETY EQUIP 23.87 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 15.99 AT&T CONSOLIDATED PHONE BILL 266.61 JPMORGAN CHASE BANK P & K EQUIP-SAFETY EQUIP 8.00 JPMORGAN CHASE BANK ATWOODS-SUPPLIES 2.99 JPMORGAN CHASE BANK HARBOR FREIGHT-CHAIN 36.98 JPMORGAN CHASE BANK ROBERTSON-RESTROOM PARTS 59.95 JPMORGAN CHASE BANK WORLEYS-WATER BAG 29.99 JPMORGAN CHASE BANK SAV ON-"NO PARKING" SIGNS 200.00 TOTAL PARKS 2,309.46 COMMUNITY CENTER JPMORGAN CHASE BANK CHARACTER FIRST-BULLETINS 25.87 JPMORGAN CHASE BANK TUCKER JANT'L-SUPPLIES 295.00 AT&T CONSOLIDATED PHONE BILL 181.69 TOTAL COMMUNITY CENTER 502.56 HISTORICAL MUSEUM AT&T CONSOLIDATED PHONE BILL 25.49 TOTAL HISTORICAL MUSEUM 25.49 FUND GRAND TOTAL 84,320.1 -071 1 AMBULANCE SERVICE AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 119.63 TOTAL AMBULANCE SERVICE 119.63 AMBULANCE JPMORGAN CHASE BANK PSI-SUPPLIES 176.60 JPMORGAN CHASE BANK LENOX-TOW MEDIC 04 148.00 JPMORGAN CHASE BANK EXCELLANCE-STEP REPAIR 178.09 JPMORGAN CHASE BANK FULLERTON-OXYGEN 61.50 JPMORGAN CHASE BANK EXCELLANCE-AC REPAIR 1,692.99 JPMORGAN CHASE BANK FULLERTON-OXYGEN 560.00 JPMORGAN CHASE BANK KEN KOOL-BLOWER MOTOR 128.50 Page 6 Claims List 9/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni AMBULANCE... JPMORGAN CHASE BANK ZOLL-SOFTWARE/IMPLEMENTAT 450.00 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 135.80 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 269.04 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 1,094.93 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 260.66 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 90 00 MEDICLAIMS INC BILLING SERVICES 8,322.84 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 40.50 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 19.80 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 108.04 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 357.77 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 269.04 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 589.94 TOTAL AMBULANCE 14,954.04 FUND GRAND TOTAL 15,073.6 E911 COMMUNICATIONS AT&T CONSOLIDATED PHONE BILL 317.19 INCOG-E911 E911 ADMIN SVC FEES 8,092.22 AT&T E911 MAPPING FEE - AUG 355.35 INCOG-E911 E911 ADMIN SVC FEES 877.27 TOTAL E911 COMMUNICATIONS 9,642.03 FUND GRAND TOTAL 9,642.0 HOTEL TAX - ECON DEV RETAIL ATTRACTIONS, LLC RETAIL DEVELOPMENT CONTRA 4,000.00 TOTAL HOTEL TAX - ECON DEV 4,000.00 FUND GRAND TOTAL 4,000.0 STORMWATER - STORMWATI LOT MAINTENANCE OF OKLAHOMA, INC. US 169 ROW MOWING 6,960.00 LOT MAINTENANCE OF OKLAHOMA, INC. US 169 ROW MOWING 6,960.00 TOTAL STORMWATER - STORMWATER 13,920.00 FUND GRAND TOTAL 13,920.0 PUBLIC SAFETY - FIRE WAYEST SAFETY, LLC BREATHING APPARATUS 7,672.00 JPMORGAN CHASE BANK LOWES-DISHWASHER ST#1 359.10 TOTAL PUBLIC SAFETY - FIRE 8,031.10 FUND GRAND TOTAL 8,031.1 Page 7 Claims List 9/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni CI - FBO BUILDING BLACKSHARE ENVIRONMENTAL SOLUTIONS ASBESTOS TESTING FBO 2,500.00 FIRST BANK OF OWASSO FBO EARNEST MONEY 10,000.00 INVESTORS TITLE & ESCROW COMPANY ESTIMATED CLOSING COSTS 10,000.00 FIRST BANK OF OWASSO FBO BUILDING PURCHASE 1,590,000.00 TOTAL CI - FBO BUILDING 1,612,500.00 CI - 106/GARNETT INTERSEC SEVEN C'S ENTERPRISES, INC RIGHT-OF-WAY ACQUISITION 1,500.00 TOTAL CI - 106/GARNETT INTERSEC 1,500.00 96TH/129TH INFRASTRUCTUF SAV-ON PRINTING & SIGNS LLC DIRECTIONAL SIGNS-96/GARN 300.00 TOTAL 96TH1129TH INFRASTRUCTURE 300.00 FUND GRAND TOTAL 1,614,300.0 CITY GARAGE UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 31.71 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 31.71 JPMORGAN CHASE BANK UNITED FORD-PARTS RESALE 26.94 AT&T MOBILITY WIRELESS SERVICE 55.63 JPMORGAN CHASE BANK SPEEDTECH-LIGHT BAR 824.95 JPMORGAN CHASE BANK YELLOWHOUSE-BACKHOE REP 1,954.04 JPMORGAN CHASE BANK CLASSIC CHEV-PARTS RESALE 470.23 JPMORGAN CHASE BANK LOWES-SUMP PUMP REPAIR 12.30 JPMORGAN CHASE BANK B&M OIL-PARTS RESALE 648.03 JPMORGAN CHASE BANK OREILLY-SHOP SUPPLIES 26.97 JPMORGAN CHASE BANK OREILLY-PARTS RESALE 1,516.15 JPMORGAN CHASE BANK T&W TIRE-TIRES 3,303.64 JPMORGAN CHASE BANK T&W TIRE-SERVICE CALL 167.25 JPMORGAN CHASE BANK TW TIRE-AUDI TIRES 552.68 JPMORGAN CHASE BANK TW TIRE-TRASH TRUCK TIRES 3,040.35 JPMORGAN CHASE BANK CLASSIC CHEVY-AC BELT 22.54 JPMORGAN CHASE BANK UNITED FORD-CORE RETURN -225.00 AT&T CONSOLIDATED PHONE BILL 80.22 JPMORGAN CHASE BANK BUMP2BUMP-BRAKE PARTS 447.15 JPMORGAN CHASE BANK QUALITY TIRE-ALIGNMENT 69.95 JPMORGAN CHASE BANK CLASSIC CHEVY-PARTS 137.78 JPMORGAN CHASE BANK CLASSIC CHEVY-PARTS 107.04 JPMORGAN CHASE BANK CLASSIC CHEVY-SENSOR 210.00 JPMORGAN CHASE BANK UNITED FORD-PARTS RESALE 1,051.49 JPMORGAN CHASE BANK CLASSIC CHEVY-RETURN -50.22 TOTAL CITY GARAGE 14,513.53 FUND GRAND TOTAL 14,513.5 Page 8 Claims List 9/3/2013 Budget Unit Title Vendor Name Payable Description Payment Amouni WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 323.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 323.00 TOTAL WORKERS' COMP SELF-INS 2,516.00 WORKERS' COMP SELF-INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 765.58 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 1,467.92 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 1,490.64 CITY OF OWASSO IMPREST ACCOUNT WORKERS'COMP CLAIM PAYMEN 2,010.94 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 538.04 TOTAL WORKERS' COMP SELF-INS 6,273.12 FUND GRAND TOTAL 8,789.1 GEN LIAB-PROP SELF INS WOOD, PUHL & WOOD, P.L.L.C LEGAL-WILLIAMS/BURKE 14,092.00 WOOD, PUHL & WOOD, P.L.L.C LEGAL-WILLIAMS/BURKE 9,453.50 WOOD, PUHL & WOOD, P.L.L.C LEGAL-HUNTLEY 3,404.00 WOOD, PUHL & WOOD, P.L.L.C LEGAL-WILLIAMS/BURKE 2,564.70 JPMORGAN CHASE BANK TRISTAR CONST-REPAIRS 2,500.00 TOTAL GEN LIAB-PROP SELF INS 32,014.20 FUND GRAND TOTAL 32,014.2 CITY GRAND TOTAL $1,804,603.80 Page 9 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 9/3/13 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 43,876.33 28,105.93 20,971.16 16,512.60 25,410.57 134,876.59 7,118.60 5,538.79 12,657.39 897.61 897.61 148,431.59 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 08/24113 Department Payroll Expenses Total Expenses Municipal Court 4,648.80 5,428.89 Managerial 17,461.80 20,932.77 Finance 13,317.82 15,915.98 Human Resources 6,304.68 7,516.84 Community Development 11,893.98 14,169.22 Engineering 16,546.18 19,633.43 Information Systems 9,923.08 11,863.33 Support Services 7,307.22 8,662.60 Police 100,863.97 122,495.99 Central Dispatch 15,673.72 18,628.99 Animal Control 2,372.00 2,824.36 Fire 93,937.90 110,978.90 Fire-Safer Grant 11,892.07 14,082.50 Fire-Firefighters Training Grant Emergency Preparedness 1,467.23 1,754.51 Streets 6,036.33 7,221.50 Stormwater/ROW Maint. 5,675.52 6,694.15 Park Maintenance 9,770.71 11,637.49 Community-Senior Center 2,830.50 3,293.82 Historical Museum 616.00 691.64 Economic Development 3,076.92 3,679.39 General Fund Total 341,616.43 408,106.30 Garage Fund Total 4,223.60 5,027.68 Ambulance Fund Total 25,180.18 29,723.11 Emergency 911 Fund Total Stormwater Fund 27 Total Worker's Compensation Total 3,200.40 3,800.91 Strong Neighborhoods - OT City Wit ,out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure including Approaches, and Stormwater Drainage Systems at Tulsa Technology Center Campus DATE: August 30, 2013 BACKGROUND: The subject development is located at 10800 N 140th E Avenue. Public infrastructure improvements include three concrete approaches for entry into the development with striping, and stormwater drainage systems. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in August of 2013 by the Public Works Department. Additionally, the construction contractor and design engineer have supplied the necessary two-year maintenance bonds and required as-built drawings. RECOMMENDATION: Staff recommends Council acceptance of Tulsa Technology Center infrastructure including Stormwater drainage improvements and three concrete approaches. ATTACHMENTS: A. Location Map B. City Attorney bond approval letter & copy of bonds Tulsa Technology Center Location Map Farris, Earl From: Lombardi, Julie Sent: Wednesday, August 21, 2013 3:57 PM To: Farris, Earl Cc: Hancock, Brandon Subject: RE: Message from "RNP00267332000F" Mr. Farris, I have reviewed the Tulsa Technology Center Campus maintenance bond for concrete paving and striping at your request. The attorney-in-fact signature is authorized, the surety is licensed to do business in OK and the amount of the bond is well within the surety's $16,058,000. underwriting limitation. Therefore, the bond is approved. Julie Lombardi -----Original Message----- From: Farris, Earl Sent: Tuesday, August 20, 2013 1:21 PM To: Lombardi, Julie Cc: Hancock, Brandon Subject: FW: Message from "RNP00267332000r" Ms. Lombardi, Tulsa Technology Center Campus concrete approaches, striping, and stormwater drainage infrastructure bonds for your review and comments. Thank you. Earl Farris -----original Message----- From: publicworl<s(@citvofowasso.com J'mailto:publicworl<spcityofowasso.com] Sent: Tuesday, August 20, 2013 12:17 PM To: Farris, Earl Subject: Message from "RNP00267332000F" This E-mail was sent from "RNP00267332COCF" (C9155). Scan Date: 08.20.2013 13:17:17 (-0400) Queries to: publicworl<s@cityofowasso.com 1 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 09097091 KNOW ALL MEN BY THESE PRESENTS, That we Crossland Constxuction Company, Inc, as Principal (Developer and Contractor), and Fidelity & Deposit Company Of Maryland as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Thirty Three Thousand Five Hundred Forty and 00/100 Dollars ($33,540.00) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WIIEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the Tulsa Technology Center Campus, (10800 N. 14(yh East Avenue, Owasso, OK 74033) Concrete Paving & Striping at 3 Facility Entries, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: December 13, 2012 Crossland Construction Company, Inc., Principal BY: Fidelity osit Coma Of . 'aryland, Surety gy; Monica F. Hein, Attorney-in-Fact J ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER Ol<ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, flue COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by JAMES M, CARROLL, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be. in full force and effect on the date hereof, do hereby nominate, constitute, and appoint S. Mark WILKERSON, Morgan DEWEY, Rodney W. PADDOCK, Monica F. HE IN, Debra L. WALZ, Kristy M. BARBER and Jessica STEWART, all of Overland Park, Kansas, EACH its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be ns binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of flue FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in thou own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vicc-President has hereunto subscribed his/her names and affixed the Corporate Seals or the said ZURICH AMERICAN INS[IRANCE' COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OI MARYLAND, this 30th day of August, A.D. 2012. ATTEST- . ZURICH iMERICAN INSURANCE; COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY Ole MARYLAND to 9[t0s ~ ri ~G W 't~ ~ .oi/A1V. b d`~Ql'Z446YOq,~U~~,n9 ~ ~ ~tw ~ ~~ul tese ad Life °w,.l ~~ofi•.~ By; Assistant Sec relay Eric D, Barnes Vice Presidew James M. Carroll State of Maryland City of Baltimore On this 30fli day of August, A.D. 2012, before the subscriber, a Notary Public of the Stale of Maryland, duly conmlissioued and qualified, JAMES M. CARROLL, Viee President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personalty known to be tie individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by n!e duty swum, deposeth and with, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals Lind the signature as such officer were duly affixes( and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hefelmto set my hand and affixed my Official Seat (lie day and year first above written. VI.)LLfL~ v r(~4~~~(GfitllRp~~s` fill Maria 1). Adamski, Notary Public My Comnussion Expires: July 8, 2015 POA-F 076-0008C Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: S405201 KNOW ALL MEN BY THESE PRESENTS, That we Cherokee Builders, Inc. as Principal (Developer and Contractor), and Employers Mutual Casualty Company as Surety, are held and finily bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of Twelve Thousand Five Hundred Twenty Five and 00/100 ($12,525.00) to which payment will and truly to be. made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEAR after final approval of the TCC Owasso Campus Storm Sewer Distribution, a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defcctive materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: December 5, 2012 Cherokee uilders, In Principal BY: Employs Mutual. Casualty Company, Surety BY: , Attorney-in-Fact Cindi L. Smith Attach Power of Attorney -AVEMCInsurance Companies- No, 996934 P.O. Box 712 + Des Moines, €A 50306-0712 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS, that: 1. Employers Mutual Casualty Company, an Iowa Corporation 2. EMCASCO Insurance Company, an Iowa Corporation 3. Union Insurance Company of Providence, an Iowa Corporation 4. Illinois EMCASCO Insurance Company, an Iowa Corporation 5. Dakota Fire Insurance Company, a North Dakota Corporaflon 6. EMC Property & Casualty Company, an Iowa Corporation 7. Hamilton Mutual Insurance Company, an Iowa Corporation hereinafter referred to severally as "Company"and collectively as "Companies", each does, by these presents, make, constitute and appolnl: PETE FENNELL, KIM KINGERY CROWSON, CINDI L. SMITH, KELLY R. MITT, J,PATRICK FENNEL, M15TY ANN WALLS its true and lawful attorney-in-fact, with full power and authority conferred to sign, seal, and execute its lawful bonds, undertakings, and other obligatory instruments of a similar nature as follows: In an amount not exceeding Ten Million Dollars .....................................................................................................................................................$10,000,000.00 and to bind each Company thereby as fully and to the same extent as if such instruments wore signed by the duly authorized officers of each such Company, and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. The authority hereby granted shall expire APRIL 1, 2014 unless sooner revoked. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held In 1909; RESOLVED: The President and Chief Executive Officer, any Vice I and authority to (1) appoint attorneys-in-fact and authorize them undertakings, recognizances, contracts of Indemnity and other writh the power and authority given to him or her. Attorneys-in-Fact sha)l,I to execute and deliver on behalf of the Company, and to allach,;tl other writings obligatory in the nature thereof, and any such InslgAw Certification as to the validity of any power-of-attorney authorized binding upon this Company. The facsimile or mechanically reproi certified copy of any power-of-attomey of the Company, shall be.valI IN WITNESS THEREOF, the Companies have caused these. ppqu 31st day of AUGUST 201 Seals +`'gO INSb , ~o Alp,) ,~'2y R Hr' ~C+, ~`pFTOItp ~ Cn ~ ~ ~4:=Gp[,YWt,,t~ O~ i ~ ~Q4 ~Vp~Yll/~~e~ G ~ f =o; SEAL;`; 'i: lan 1963 ~yt1RANC r~r ••'S15eltAA. ,,••'V,HA[~~r -~~i.U~opPOR~t~Cro ~~q~40NOT~~pAO~"- :o y4op,ORf~~G~~ SEALK SEALS _ SEAL o ti rr 10 , ,•otrr .6~'r,r,..`1a,r, fowA ,AYH VAX , . AIOHILF• ~UTUAt von' t37'Uq~ sGp LAUREL A, GLOSS '~F Commission Number 193662 ~~rNFS, N~P " My Comm. Exp-Marl3.2014 secretary of.; mployers Mutual Casualty Company shall have power ompany;and.attach the seal of the Company thereto, bonds and ;iend.(2) to,remove any such attorney-In-fact at any time and revoke lo:itte terms and limitations of the power-of-attorney issued to them, io.h s and undertakings, recognizances, contracts of indemnity and rarl_fa t shat! he fully and in alt respects binding upon the Company. lfeyers Mutual Casualty Company shall be fully and in all respects h61her made heretofore or horoafler, wherever appearing upon a with the same force and effect as though manually affixed. officers as shown, and the Corporate seals to be hereto affixed this of Companies 2, 3, 4, 5 & S; President of Company 1; Vice Chairman and CEO of Company 7 ~ ~ Michael Freel Assistant Vice President! Assistant Secretary On this 31 st day of AUGUST AD 2011 before me a Notary ubfic in and for the State of Iowa, personallyappeared Bruce G, Kel e Ichael (reel, who, being by me duly sworn, did say that tfiney are, and are known to me to be the Chairman, President, Vice Chairman and CEO, andlor Assistant Vice PresidentlAssistant Secretary, respectively, of each of The Companies above; that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and seated on behalf of each of time Companies by authority of their respective Boards of Directors; and thalthe said Bruce G. Kelley and Michael Freel, as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of each of the Companies. My Commission Expires March 13, 2014. Notary Public in and for the State of Iowa CERTIFICATE t, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this PowerofAttomey issued pursuant Iherefo on AUGUST 31, 2011 on behalf of: PETE FENNELL, KIM KINGERY CROWSON, CINDI L, SMITH, KELLY R, HITT, J.PATRICK FENNEL, MISTY ANN WALLS are true and correct and are still in full force and effect. In Testimony W ereof I have subs rt ed my name and affixed the facsimile eat of n'v each Company this -day of UAL , 13.L2-. Vice President Adoft Thy City Witut Limits. id~ TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Infrastructure including Street, Sanitary Sewer, and Stormwater Drainage Systems at Keys Landing DATE: August 30, 2013 BACKGROUND: The subject residential development is located at E 69th St North and N 129th E Avenue. Construction of the development began in January 2007 and remaining punch list items were completed in May 2013. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in June of 2013 by the Public Works Department and all required city standards had been met. Additionally, the construction contractor provided the required two-year maintenance bonds for the storm drainage, sanitary sewer extensions and street improvements. It is important to note, that ten lots within Block Four are in the designated floodplain. During construction of the subdivision, material was disposed of within the floodplain in Block Four and only a portion of that material has been removed. These lots within Block Four will not be released for construction permits until the developer completes Federal Emergency Management Agency (FEMA) requirements, to include a post-construction survey and a Letter of Map Revision based on fill (LOMR-F). RECOMMENDATION: Staff recommends Council acceptance of the sanitary sewer, stormwater drainage systems, and street improvements for Keys Landing. ATTACHMENTS: A. Location Map B. City Attorney bond approval letter and copy of bonds C. Oklahoma Department of Environmental Quality (DEQ) permit letter for sanitary sewer D. Rogers County Water acceptance letter I E~ t /bt11 ,t NI I (PLACE a 0 W FU a 0 J KE ING 1 BRAG'f'QRp i PARX' C N W E S 8/14/13 CITY OF OWASSO P.O. 180 Owasso, OK 74055 918.272.4959 www.cityofowasso.com PRO p~ SS,CJNAL I I► I i l KEYS LANDING I LOCATION MAP Page 1 of i Bargas, Miguel From: Lombardi, Julie Sent: Monday, December 17, 2007 5:11 PM To: Bargas, Miguel Subject: RE: Maintenance Bonds Keys Landing i Miguel, I have reviewed the three Maintenance Bonds you forwarded to me. All three bonds have been issued to the Ira M. Green construction Company by the Ohio Casualty Insurance Company, and are signed by the same attorney-in-fact. Upon review, all three bonds have an authorized signature for the attorney--in-fact and the surety company is licensed to do business in Oklahoma. In addition, all three bonds are well within the $82,887,000.00 underwriting limitation of the surety company. For these reasons, all three bonds are approved. Julie Lombardi Julie Trout Lombardi City Attorney City of Owasso 111 N. Main Owasso, OK 74055 (918) 376-1511 (918) 376-1599 fax From. Bargas, Miguel Sent: Friday, December 07, 2007 1:35 PM To: Lombardi, Julie Cc: Alexander, JB Subject: Maintenance Bonds Keys Landing I I am sending maintenance bonds on storm, sanitary sewer, and paving for review. Please e-mail with your findings. Miguel Bargas 12/14/2007 Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 3-935-622 KNOW ALL MEN BY THESE PRESENTS, That we IRA M. GREEN CONSTRUCTION CO.. as Principal (Developer and/or Contractor), and THE OHIO CASUALTY INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of TWO HUNDRED TWENTY FOUR THOUSAND, SEVENTY TWO AND 29/100 DOLLARS ($224,072.29) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the KEYS LANDING STORM DRAINAGE SYSTEM a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: NOVEMBER 14, 2007 IRA M. GREEN CONSTRUCTION CO. , Principal BY: THE 01-110 CASUALTY INSURANCE COMPANY, Surety i BY: ,Attorney-in-Fact JUL1A LICK-WILSON CERTIFIED COPY OF POWER OF ATTORNEY THE, OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 40-298 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, au Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American ]nsurance Company, do hereby nominate, constitute and appoint Michael Tedford, Julin Clich-Wilson, Connie'I'hueson, Karla Edmonds, Marlr Tedford or Barry Herring of Jenlcs, Oklahoma its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX NIILLION (S6,000,000.00) DOLLARS, excluding, however, any band(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as hilly and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 17th day of October, 2007. ,a,-.cam. ll a 3EAL'I 41\ SEAL ~ i +1f11WrY ,y4/aHn. /p~ Ao- A~ t r Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 17th day of October, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument arc the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Ila nilton, State of Ohio, the day and year first above written. \°POiu1t filly Notary Public in and for County of Buller, State of Ohio My Commission expires August 5, 2012. This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article 111, Section 9. Appointment of Attorneys_in-Fac . The Chatif mail of the Board, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with fill] power and authority to appoint attorneys-in-Fact for the purpose of signing the name of the corporation as Surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments ofsuretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of Afnerica or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company scat may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to stake, execute, seal and deliver for and on its behalf as surely any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attomey, the referenced By-Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 14TH day of NOVEMBER, 2007 (!FI:S:EALSEAL `rr(~eiy~:{f ...Nor+P d~ S-4300 3/99 Assistant Secretary RIDER ENDORSEMENT NO. ONE BOND NO. 3-935-622 ISSUED TO IRA M. GREEN CONSTRUCTION CO. EFFECTIVE NOVEMBER 14, 2007 PRINCIPAL: IRA M. GREEN CONSTRUCTION CO. OBLIGEE: CITY OF OWASSO, OK. IT IS HEREBY UNDERSTOOD AND AGREED THAT THE PROJECT DESCRIPTION IS AMENDED TO READ: KEYS LANDING I STORM DRAINING PRINCIPAL'S NAME IS AMENDED FROM: TO: BOND AMOUNT IS INCREASED FROM: TO: ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME. EFFECTIVE: NOVEMBER 14, 2007 SIGNED, SEALED AND DATED THIS 28TH DAY OF NOVEMBER, 2007 THE OHIO CASUALTY INSURANCE COMPANY J[} IA CLICK-WILSON ATTORNEY - IN - FACT CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 40-298 Know All Men by These Presents: That THE 01-110 CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article 111, Section 9 of tlic Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint Michael Tedford, Julia Click-Nilson, Connie Thueson, Karla Edmonds, Mark Tedford or Barry Herring of Junks, Oklahoma its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seat and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION ($6,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of tliese presents, shall be as binding upon said Companies, as Billy and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In wiTNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and I-Vest American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 37th day of October, 2007. i ( SEAL Aa.vr VI G tP vC 2. Sam Lawrence, Assistant Secretary STATE OF OH iO, COUNTY OF BUTLER On this 17th day of October, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duty sworn deposes and says, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations, IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. .unuumrn ao°;uw trr;`~, NotaryPublic in and for County of Butler, State of Ohio My Commission expires August 5, 2012. This power of attorney is granted under and by authority of Article 111, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article III, Section 9. Appointment of Attoruevs-in-Fact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with fiull power and authority to appoint attorneys-in-fact for the purpose of signing the name of the corporation as surely to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing pourer of attorney, the referenced By-Laws of fie Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and eftbct on this date. IN WITNESS WHEREOF, 1 have hereunto set my hand and the seals of the Companies this 28th day of Novenibeir, 2007 .tt11ar;*. , s% SEAL l SEAL•t} ,~rllmi~ty.+ 5-4300 3199 Assistant Secretary Maintenance Bona PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 3-935-621 KNOW ALL MEN BY THESE PRESENTS, That we IRA M. GREEN CONSTRUCTION CO.. as Principal (Developer and/or Contractor), and THE OHIO CASUAL'T'Y INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal suin of 'IHRI I; I-ItJNDRED NINETEEN THOUSAND, SIXTY NINE AND 85/100---- DOLARS ($319,069.85) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will furnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the KEYS LANDING SANITARY SEWER SYS'17M a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: NOVEMBER 14, 2007 IRA M. GREEN CONSTRUCTION CO., Principal BY: THE 0 0 CASUALTY INSURA ~(~,C'' E COMPANY', Surety BY: t i~ Attorney-in-Fact 3ULI LICK-WILSON CER'T'IFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 40-298 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint Michael Tedford, Julia Click-Wilson, Connie Thueson, Karla Edmonds, Mark Tedford or Rarty Herring of Jenks, Oldalioma its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNiZANCES, not exceeding in any single instance SIX MILLION (56,000,000.(10) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attomey(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 17th day of October, 2007. :i•3EAL ~ SEAL ° c ne )J a, v u+-c-e- Sam Lawrence, Assistant Secretary STATE OF OHIO, COUNTY OF BUTLER On this 271h day of October, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the county of Butler, duly commissioned and qualified, carne Satn Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally knowmto be the individual and officer described in, and who executed the preceding instrument, and lie acknowledged the execution of the same-, and being by me duly sworn deposes and says, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. `Op,nanmrrr,, yJ`~,Vlt\14It' Fti~ ~L~ "0%ru IL11 Notary Public in and for County of Butler, State of Ohio My Commission expires August 5 2012. This power of attorney is granted under and by authority of Article 111, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article III, Section 9. Appointment of Attorneys-in-Fact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respeet to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed, CERTIFICATE - - I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals of the Companies this 14TH day of NOVEMBER, 2007 CEAL ) SEAL S•4300 3199 Assistant Secretary RIDER ENDORSEMENT NO. ONE BOND NO. 3-935-621 ISSUED TO IRA M. GREEN CONSTRUCTION CO. EFFECTIVE NOVEMBER 14, 2007 PRINCIPAL: IRA M. GREEN CONSTRUCTION CO. OBLIGEE: CITY OF OWASSO, OK. IT IS HEREBY UNDERSTOOD AND AGREED THAT THE PROJECT DESCRIPTION IS AMENDED TO READ: KEYS LANDING I SANITAKY SEWER SYSTEM. PRINCIPAL'S NAME IS AMENDED FROM: TO: BOND AMOUNT IS INCREASED FROM: TO: ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME. EFFECTIVE: NOVEMBER 14, 2007 SIGNED, SEALED AND DATED THIS 28TH DAY OF NOVEMBER, 2007 THE OHIO CASUALTY INSURANCE COMPANY i UL1A CLICK-WILSON ATTORNEY - IN -FACT c, CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 40-293 Know All Men by These Presents; That THE OHIO CASUAL'T'Y INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint Michael Tedford, Jolla Click-Wilson, Connie Thueson, Karla Edmonds, Mark Tedford or Barry Herring of Jenks, Oklahoma its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION ($6,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution ofsuch bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as ifthey had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-tact. In WITNESS WHEREOF, the undersigned otlicer ofthe said The Ohio Casualty Insurance Company and West American Insurance Company has lereunto subscribed his name and affixed the Corporate Seal of each Company this 17th day of October, 2007. "s%a.t )jj yt SEASEAL /Q{11( Sam Lawrence, Assistant Secretary STATE OF 01110, COUNTY OF BUTLER On this 171h day of October, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of tho same, and being by me duly sworn deposes and says, that lie is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duty affixed and subscribed to the said instrument by the authority and direction ofthe said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seat at the City of Hamilton, State of Ohio, the day and year first above written. `%001uuarrfq J prtn !f~ ~ ' \`'I 3 jf u~~y~o NotaryPubl is in and for Comity of Butler, State of Ohio My Commission expires August 5 2012. This power of attorney is granted under and by authority of Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article lit, Section 9. Appointment of Attorneys-in-tact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with fill power and authority to appoint attorneys-in-fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or slate, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of tune Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article ITI, Section 9 of its Code of Regulations and By-laws and the Company sea] may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seat and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws ofthe Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals ofthe Companies this 14TH day of NOVEMBER, 2007 SEALSEAL .,hl yrtY'+i1u.' ,,.KoIAN /i i C I S-4300 3199 Assistant Secretary Maintenance Bond PRIVATELY FINANCED PUBLIC IMPROVEMENTS Bond No: 3-935-623 KNOW ALL MEN BY THESE PRESENTS, That we IRA M. GREEN CONSTRUCTION CO.. as Principal (Developer and/or Contractor), and THE OHIO CASUALTY INSURANCE COMPANY as Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the penal sum of I"IVI; IIUNDRED NINETY FIVE THOUSAND, TWENTY SIX AND 50/100 DOLLARS ($595,026.50) to which payment will and truly to be made, we do bind ourselves, and each of our heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. WHEREAS, the Principal will fiirnish a bond conditioned to guarantee, for the period of TWO YEARS after final approval of the KEYS LANDING PAVING SYSTEM a privately financed public improvement, and acceptance of such by the City Council of the City of Owasso, Oklahoma, against all defects in workmanship and materials which may become apparent in such privately financed public improvement during said period. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH that the Principal and/or Surety shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship in the privately financed public improvement which may become apparent during the said period. SIGNED, SEALED, AND DATED: NOVEMBER 1d, 2007 IRA M. GREEN CONSTRUCTION CO., Principal BY: TIIE I:l IO C~ASIJALTY INSURANCE COMPANY, Surety Attorney-in-Fact JUL CLICK-WILSON CERTIFIED COPY OF POWER OF ATTORNEY THE OHIO CASUALTY INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 40-293 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, an Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint Michael Tedford, Julia Click-Wilson, Connie Thueson, ICROn Edmonds, Mark Tedford or Barry Herring of Jenks, Oldahoma its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION (S6,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing the payment of notes and interest thereon And the execution ofsuch bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted the above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 17th day of October, 2007. sEnz SEAL STATE OF OHIO, COUNTY OF BUTLER Sam Lawrence, Assistant Secretary On this 17th day of October, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to rno personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged tire execution of the same, and being by me duly sworn deposes and says, that he is the officer of the Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of lire said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. ``~S+Nlnnll,I~y ~tOi,~yrJ4I. J({( F., Notary Public in and for County of Butler, State of Ohio My Cornmiss ion expires August 5, 2012. This power of attorney is granted tinder and by authority of Article III, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Article III, Section 9. Appointment of Attorneys-in-Fact. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the corporation as surely to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability cornpany or other elitity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and scaled as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized tinder Article 111, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof, to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seat and shall, with respect to any bond, undertaking or other written obligations in the nature thereof to which it is attached, be valid and binding upon the Company with the sane force and effect as though manually affixed. CERTIFICATE I, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company and West American Insurance Company, do hereby certify that the foregoing power of attomey, the referenced By-Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set any hand and the seals of the Companies this 14TH day of NOVEMBER, 2007 m*..SEAL~,I I SEAL y , I iii`} y ..forntiA -1 S-4300 3199 Assistant Secretary RIDER ENDORSEMENT NO. ONE BOND NO. 3-935-623 ISSUED TO IRA M. GREEN CONSTRUCTION CO. EFFECTIVE NOVEMBER 14, 2007 PRINCIPAL: IRA M. GREEN CONSTRUCTION CO. OBLIGEE: CITY OF OWASSO, OK. IT IS HEREBY UNDERSTOOD AND AGREED THAT THE PROJECT DESCRIPTION IS AMENDED TO READ: KEYS LANDING I PAVING PRINCIPAL'S NAME IS AMENDED FROM: TO: BOND AMOUNT IS INCREASED FROM: TO: ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME. EFFECTIVE: NOVEMBER 14, 2007 SIGNED, SEALED AND DATED THIS 28TH DAY OF NOVEMBER, 2007 THE OHIO CASUALTY INSURANCE COMPANY OULIA CLICK-WILSON ATTORNEY- IN R- FACT CERTIFIED COPT' OF POWER OF ATTORNEY THE OHIO CASUAL'T'Y INSURANCE COMPANY WEST AMERICAN INSURANCE COMPANY No. 40-298 Know All Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY, all Ohio Corporation, and WEST AMERICAN INSURANCE COMPANY, an Indiana Corporation, pursuant to the authority granted by Article III, Section 9 of the Code of Regulations and By-Laws of'l'he Ohio Casualty Insurance Company and West American Insurance Company, do hereby nominate, constitute and appoint Michael Tedford. Julia Cliclt-Nilson, Connie Thueson, Karla Edmonds, Mark Tedford or Barry Herring of Jenks, Oldnhonra its true and lawful agent (s) and attorney (s)-in-fact, to make, execute, seal and deliver for and oil its behalf as surety, and as its act and deed any and all BONDS, UNDERTAKINGS, and RECOGNIZANCES, not exceeding in any single instance SIX MILLION ($6,000,000.00) DOLLARS, excluding, however, any bond(s) or undertaking(s) guaranteeing lire payment of notes and interest thereon And the execution of such bonds or undertakings in pursuance of these presents, shalt be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duty executed and acknowledged by tine regularly elected officers of the Companies at their administrative offices in Fairfield, Ohio, in their own proper persons. The authority granted hereunder supersedes any previous authority heretofore granted [lie above named attorney(s)-in-fact. In WITNESS WHEREOF, the undersigned officer of the said The Ohio Casualty Insurance Company and West American Insurance Company has hereunto subscribed his name acid affixed the Corporate Seal of each Company this 17th day of October, 2007. aI SEALS- SEAL STATE OF OHIO, COUNTY OF BUTLER Sam Lawrence, Assistant Secretary On this 17th day of October, 2007 before the subscriber, a Notary Public of the State of Ohio, in and for the Comity of Butler, duly commissioned and qualified, came Sam Lawrence, Assistant Secretary of THE OHIO CASUALTY INSURANCE COMPANY and WEST AMERICAN INSURANCE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn deposes and says, that he is the officer ofthe Companies aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals ofsaid Companies, and the said Corporate Seals and his signature as officer were duty affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTfNIONY WHEREOF, I have hereunto set my hand and affixed my Official Seal at the City of Hamilton, State of Ohio, the day and year first above written. `VW111fnx!!11/y VRi~~ryl~l S(i~~~ ',~4N4NIWIIr'stai~~P Notary Public in and for County of Butler, State of Ohio My Commission expires August 5 2012 This power of attorney is granted under and by authority of Article [IT, Section 9 of the Code of Regulations and By-Laws of The Ohio Casualty Insurance Company and West American Insurance Company, extracts from which read: Aiticle III, Section 9. Appointment of Attorneys-in-FacE. The Chairman of the Board, the President, any Vice-President, the Secretary or any Assistant Secretary of the corporation shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the corporation as surety to, and to execute, attach the seal of the corporation to, acknowledge and deliver any and all bonds, recognizances, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, partnership, limited liability company or other entity, or the official representative thereof, or to any county or state, or any official board or boards of any county or state, or the United States of America or any agency thereof, or to any other political subdivision thereof This instrument is signed and sealed as authorized by the following resolution adopted by the Boards of Directors of the Companies on October 21, 2004: RESOLVED, That the signature of any officer of the Company authorized under Article III, Section 9 of its Code of Regulations and By-laws and the Company seal may be affixed by facsimile to any power of attorney or copy thereof issued on belialf of the Company to make, execute, seal and deliver for and on its behalf as surety any and all bonds, undertakings or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment. Such signatures and seal are hereby adopted by the Company as original signatures and seal and shall, with respect to any bond, undertaking or other written obligations in the nature thereofto which it is attached, be valid and binding upon the Company with the same force and effect as though nianually affixed. CERTIFICATE 1, the undersigned Assistant Secretary of'l'he Ohio Casualty Insurance Company and West American hnsuiance Company, do hereby certify that the foregoing power of attorney, the referenced By-Laws of the Companies and the above resolution of their Boards of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, I have hereunto set my hand and the seals ofthe Companies this 14TH day of NOVEMBER, 2007 Col.": It"IN, AL; I,w SEAL ' W~~l~Ylt~~.~+f .:N41ANth r /~^~Y ~~~6X~ S-4300 3199 Assistant Secretary 0 K t A H 0 IA A 111A111,4PNi 11 FNVI101MENTAt QUA ITT STEVEN A. THOMPSON OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY BRAD HENRY Executive Director Governor Permit No St_000072061580 SEWER LINES S-21310 PERMIT TO CONSTRUCT December 20, 2006 Pursuant to O.S. 27A 2-6-401, the City of Owasso is hereby granted this Tier I Permit to construct 6,370 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Keys Landing Subdivison, located in the SEA of Secttion 32, T-21-N, R-14-E, Tulsa County, Oklahoma, in accordance with the plans approved on December 20, 2006. By acceptance of this permit, the permittee agrees to operate and maintain the facility in accordance with Discharge - OPDES (NPDES) rules OAC 252:605 and to comply with the State Certification laws, Title 59, Section 1101-1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the permit. 4) That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary protection will be provided in accordance with DAC 252:656-5-4(c)(3) of the Standards for Water Pollution Control Construction Standards. 5) That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. Page 1 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKIAHOMA 73101-1677 printed on recycled paper with soy ink a ~v 05/2612006 16:18 9183430310 RWD3 PAGE 02 Rural Water District No. 3 ROGERS COUNTY, OKLAHOMA 13277 S. Ash Street Claremore, Oklahoma 74017 (918) 341-0851 To Whom It May Concern: Rural Water District #3, Rogers County, has accepted the water distribution system put in by Keys Landing LLC in the SEA of section 32, twp 21N, Rge 14E, Rogers Co., as shown in the enclosed section of the May 13, 2008 Board Meeting minutes. - Rick Stuulll~,l,~~ ,,O{ J + LIZ ~ M .ager Rural Water Dist 413 g4 OeT City WiIrl u Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: Workers' Compensation Settlement DATE: August 30, 2013 BACKGROUND: Prior to leaving employment with the City of Owasso in November 2011, Michael "Mike" Denton incurred three Workers' Comp injuries which were still open at the time of termination. In 2009, he incurred an injury to the left shoulder while subduing a combative suspect; in 2010, he incurred an injury to his back and neck in a vehicle pursuit collision; and in 2011, he incurred an injury to his left and right shoulder slipping on ice. In July 2012, Mr. Denton underwent surgery on his left shoulder with the potential of a future surgery on his right shoulder. Even though Mr. Denton is no longer employed with the City, the City is still required to meet its legal obligations for injuries that occurred prior to Mr. Denton's termination. Besides paying for medical expenses related to the three injuries, part of the City's legal obligation is compensation for permanent partial disabilities. A permanent partial disability (PPD) is payable to an employee who has sustained a permanent, but not complete, disability. The disability may affect the employee forever, but since it is partial, the employee is not completely incapacitated and, depending upon permanent restrictions, may or may not return to work. Oklahoma Workers' Compensation law establishes a Permanent Partial Disability Benefit Computation table for work related injuries. Mr. Denton's legal counsel offered to settle all three of Mr. Denton's claims for $80,000. Staff reviewed the Reserve Value of the three claims and determined the Reserve Value of the three claims combined to be $68,000. The Reserve Value is established by United Safety & Claims, the City's third-party Workers' Compensation administrator, based on the type and severity of the injury. Under Workers' Compensation law, there are two types of settlements. The first type of settlement closes the claim, but allows the injured party to petition the court to reopen the claim should a change in condition occur. The second type of settlement closes the claim and provides a full release from future liability. Staff, in agreement with United Safety & Claims, thinks it is in the best interest of the City to obtain a full release for all three claims, eliminating any possibility of future liabilities. Therefore, staff authorized United Safety & Claims to negotiate a permanent partial disability payment of $68,000 with Mr. Denton along with a full release for all three claims. Mr. Denton agreed to the $68,000 and a full release from any future liability, understanding the agreement was contingent on Council approval. The judge assigned to the case approved the proposed settlement. Should the Council not approve the settlement agreement, the three cases will be presented to the Workers' Compensation Judge and the judge will order a PPD amount to be paid. As with any settlement, there is always the chance that the judge will order a lesser amount. With Workers' Compensation, it is very unlikely. However, there is a likely chance that, if these three cases were taken before a judge for a ruling, the judge's order would not include closing the claims out completely, and the City would be subject to unknown future liabilities should there ever be a change in condition for the worse. FUNDING: Worker's compensation settlements are funded out of the Workers' Compensation Self- Insurance Fund. RECOMMENDATION: Staff recommends approval and authorization for payment of the workers' compensation settlement for Michael Denton in the total amount of $68.000. AGREEMENT: A. Court Orders Form CS-339-A WORKERS' COMPENSATION COURT THIS SPACE FOR COURT USE Send Original and 5 copies to the Workers' Compensation Court 1915 NORTH STILES. ONLY OKLAHOMA CITY, OKLAHOMA 73105-4918 Claim No.: 048-10-15 In re Claim of, (Please type or Print ALL information legibly) LFull Name of Injured Employee (Claimant) ael Denton mant's Social Security Number -XX-1287 Name of Employer (Respondent) City of Owasso Employer's Insurance Carrier, Permit # for Court Approved Individual Self-Insured or Own Risk Group, Uninsured Own Risk #16950 FILE NO. 2011-12793 H II Date of I 0128/09nlury II Any person who commits workers compensation fraud, upon conviction, shall be guilty of a felony COMPROMISE SETTLEMENT Section 339(A) WC Code This agreement is prepared and submitted pursuant to Section 339(A) of the Workers' Compensation Code, Title 85 of the Oklahoma Statutes. By signing below, each party affirms that they have read and understand its provisions, declares under penalty of perjury that all statements are true and accurate to the best of their knowledge and belief. and unclarstands that the npreennimnt. if apprmipril by fhA Wnrirem? Compensation court. is conclusive, final, and binding on all the parties involved. By this agreement, the parties settle upon and determine (check one): HALL ISSUES AND MATTERS IN THE CLAIM (Settlement and Resolution of Claim With Full Release) ❑SOME, BUT NOT ALL ISSUES AND MATTERS IN -Attach Appendix of all outstanding issues. The appendix is subject to approval by the Workers' Compensation Court. It MUST accompany the Form CS 339-A; and be dated and signed by all parties under penalty of perjury. 1. It is hereby agreed by and between the above named parties that the claimant alleges to have sustained a compensable accidental injury on or about October 28, 2009, while in the employ of the employer, causing the following injury (describe nature of injury) Neck, Left Shoulder, and Low Back; And all other iniuries known or unknown arising out of the fare oina accident, and resulting in temporary total disability from N/A, to NIA, or a period of 0 weeks, 0 days for which claimant received y /f in compensation from the respondent or insurance carrier. The claimant's average weekly wage before the injury was $1.267.79. 2. A claim for compensation was filed by the claimant for the injury, or if the claimant is not represented by an attorney, an Employer's First Notice of Injury (Form 2) was filed by the employer for the injury, and the Workers' Compensation Court has jurisdiction in this matter. 3. This is an agreement in which the claimant agrees to accept $ ~4 in full and final settlement of all claims for (describe injury) Neck, Left Shoulder, and Low Baelc: And all other iniuries known or unknown arising out of the foregoing accident sustained as a result of the accident referred to above, including any claim by the claimant for past, present and future compensation for temporary total disability, temporary partial disability, permanent partial impairment or permanent total disability, statutory medical treatment, physical and vocational rehabilitation benefits, or loss of wage earring capacity, as a result of any and all injuries sustained in the accident. This sum is in addition to any previous amount(s) paid to the claimant, and any amount(s) for authorized, reasonable and necessary medical and rehabilitative expenses previously incurred by the claimant due to the injury. f 7D 4. Of said sum, be paid for permanent partial disability/permanent partial impairment 5 to f rid" Uk) kf .t<e- and $ y shall be paid for heck.i,t loci 4,,4- 5. For Social Security offset purposes, and if applicable, the claimant agrees to accept and the employer/carrier agrees to pay a lump sum of $N/A for permanent impairment that will affect the claimant for the rest of the claimant's life. The claimant's remaining life expectancy is N/A months. Therefore, even though paid in a hump sum, claimant's benefit (after deduction of attorney fees and expenses) shall be considered to be $N/A a month for N/A months beginning N/A. 6. For Social Security offset purposes, and if applicable, the claimant agrees to accept and the employer/carrier agrees to pay a lump sum of $N/A for permanent impairment that will affect the claimant for the rest of the claimant'! iife. The claimant's remaining life expectancy is N/A months. Therefore, even though paid in a lump sum, claimant's benefit (after deduction of attorney fees and a ;uses) shall be considered to be $N/A a month for N/A months beginning N/A. 7. The sum of $__~9F shall be deducted from this settlement and paid to the claimant's attorney pursuant to the workers' compensation laws of the state. 8. The employer/carrier agrees to pay all applicable court costs, and all taxes and assessments to the Oklahoma Tax Commission, as follows: $140.90,to the Workers' Compensation Court, taxed as costs in this matter, unless previously paid; the Special Occupational Health and Safety Tar in the sum of $ 61-6r(, representing three-fourths of one percent (0.75%) of the compromise settlement amount, excluding medical payments and temporary total disability, compensation; if a Court Approved OWN RISK employer or group self-insurance association, the Workers' Compensation Administration Fund Tae in the sum of $ 951Y1 SO, representing 2% of the compromise settlement amount, and, if applicable by law, the appropriate Self-Insured Guaranty Fund Tar in the SUM of $N/A, representing 1% of the compromise settlement amount; and, in addition to other amounts, if UNINSURED, a Multiple Injury Trust Fund assessment in' the sum of $N/A, representing 5% of the compromise settlement amount. City of Owasso EMPLOYER NAME - PLEASE PRINT Own Risk 416950 NAME OF EMPLOYER'S CARRIER OR OWN RISK GROUP - PLEASE PRINT Eric L. Tabor 30273 NAME OF EMPL R'S ATTO - LEASE PRINT OBA4 EMPLOYE K`ATI.ORI HB !SIGNATURE DATE ORDER APPROVING COMPROMISE SETTLEMENT (FORM CS-339-A): The Workers' Compensation Court, having reviewed the evidence, files and records in this matter and being fully advised in the premises, approve the above Compromise Settlement, including attorney fees and the attached appendix to the Compromise Settlement, if any, which Compromise Settlement and appendix are incorporated herein by reference and made a part hereof. If a child support lien was filed in this workers' compensation case, the enmployer/carrier shall include the name of the person or government agency asserting the lien on any check for benefits to the claimant in excess of One Thousand Dollars ($1,000.00). The employer/carrier shall comply with this Order within twenty (20) days from the file-stamped date of the order. In that event, and if the Compromise Settlement determined all issues and matters in the claim, this cause shall be fully and finally closed and resolved, and the Court divested of further jurisdiction therein. DONE this ~ day of August, 2013 Reponcy'd,Initials A copy hereof was mailed by United States regular mail on this file-stamped BY ORDER OF fJ J dale to all attorneys of record and unrepresented parties JUDGE OR COURT ADMINISTRATOR 08/11 Form CS-339-A Send Original and 5 copies to the Workers' Compensation Court In re Claim of: (Please type or Print ALL Full Name of Injured Employee (Claimar Michael Denton Claimant's Social Security Number XXX-XX-1287 Name of Employer (Respondent) City of Owasso D Injury /20/lo II Any person who commits workers' Employer's Insurance Carrier, Permit # for Court Approved Individual compensation fraud, upon conviction, Self-Insured or Own Risk Group, Uninsured Own Risk #16950 shall be guilty of a felony THIS SPACE FOR COURT USE ONLY COMPROMISE SETTLEMENT Section 339(A) WC Code This agreement is prepared and submitted pursuant to Section 339(A) of the Workers' Compensation Code, Title 85 of the Oklahoma Statutes. By signing below, each party affirms that they have read and understand its provisions, declares under penalty of perjury that all statements are true and accurate to the best of their knowledge and belief and understands that the agreement if nnrnveri by the Wnrl.erc (nm Pena ttnn rourt, s conclusive, final, and binding on all the parties Involved. By this agreement, the parties settle upon and determine (check one): MALL ISSUES AND MATTERS IN THE CLAIM (Settlement and Resolution of Claim With Full Release) ❑SOME, BUT NOT ALL ISSUES AND MATTERS IN - Attach Appendix of all outstanding issues. The appendix Is subject to approval by the Workers' Compensation Court. It MUST accompany the Form CS 339-A; and be dated and signed by all parties under penalty of perjury. I. It is hereby agreed by and between the above named parties that the claimant alleges to have sustained a compensable accidental injury on or about December 20. 2010, while in the employ of the employer, causing the following injury (describe nature of injury) Neck. Back, and Torso: And all other iniuries known or unknown arising out of the foregoing accident, and resulting in temporary total disability from N/A, to N/A, or a period of 0 weeks, 0 days for which claimant received $ yY/f} in compensation from the respondent or insurance carrier. The claimant's average weekly wage'before the injury was $1.267.79. 2. A claim for compensation was filed by the claimant for the injury, or if the claimant is not represented by an attorney, an Employer's First Notice of Injury (Form 2) was filed by the employer for the injury, and the Workers' Compensation Court has jurisdiction in this matter. 3. This is an agreement in which the claimant agrees to accept $ -2.2-1 ;7 ~ 0 in full and final settlement of all claims for (describe injury) Neck, Back. and Torso: And all other injuries, known or unknown arising out of the foregoing accident sustained as a result of the accident referred to above, including any claim by the claimant for past, present and future compensation for temporary total disability, temporary partial disability, permanent partial impairment or permanent total disability, statutory medical treatment, physical and vocational rehabilitation benefits, or loss of wage earning capacity, as a result of any and all injuries sustained in the accident. This sum is in addition to any previous amount(s) paid to the claimant, and any amount(s) for authorized, reasonable and necessary medical and rehabilitative expenses previously incurred by the claimant due to the injury. T' ? I ,(r 4. Of said sunk $ 11 30a shall be paid for permanent partial disability/permanent partial impairment ( L to 5,1,11u r~4r and ?)shall be paid for hecCt- ~e.,,~~rhr 5. For Social Security offset purposes, and if applicable, the claimant agrees to accept and the employer/carrier agrees to pay a lump sum of $N/A for permanent impairment that will affect the claimant for the rest of the claimant's life. The claimant's remaining life expectancy is N/A months. Therefore, even though paid in a lump sum, claimant's benefit (after deduction of attorney fees and expenses) shall be considered to be $N/A a month for N/A months beginning N/A. 6. For Social Security offset purposes, and if applicable, the claimant agrees to accept and the employer/carrier agrees to pay a lump sum of $N/A for permanent impairment that will affect the claimant for the rest of the claimant's life. The claimant's remaining life expectancy is N/A months. Therefore, even though paid in a lump sum, claimant's benefit (after deduction of attomey fees and expenses) shall be considered to be $N/A a month for N/A months beginning N/A. 7. The sum Of $ L1 shall be deducted from this settlement and paid to die claimant's attorney pursuant to the workers' compensation laws of the state. 8. The employer/carrier agrees to pay all applicable court costs, and all taxes and assessments to the Oklahoma Tax Commission, as follows: $140.00 to the Workers' Compensation Court, taxed as costs in this matter, unless previously paid; the Special Occupational Health and Safety Tax in the sum of $ I rd, ~S representing three-fourths of one percent (0.75%) of the compromise settlement amount, excluding medical payments and temporary total disability go nation; if a Court Approved OWN RISK employer or group self-insurance association, the Workers' Compensation Administration Fund Tax in the sum of $ c3 J , ~(pepiesenting 2% of the compromise settlement amount, and, if applicable by law, the appropriate Self-Insured Guaranty Fund Tax in the sum of $N/A, representing 1% of the compromise settlement amount; and, in addition to other amounts, if UNINSURED, a Multiple Injury Trust Fund assessment in the sum of $N/A, representing 5% of the compromise settlement amount. City of Owasso EMPLOYER NAME - PLEASE PRINT Own Risk 416950 7 t NAME OF EWLOYER'S CARRIER OR OWN RISK GROUP - PLEASE PRINT ~ Eric L. Tabor 30273 NAME OF EMPLOYER/ 'S RNEY - PLE RINT OBA# EMPLOYER/C -A'1 r=4FY-S TUBE DATE ORDER APPROVING COMPROMISE SETTLEMENT (FORM CS-339-A): The Workers' Compensation Court, having reviewed the evidence, files and records in this matter and being fully advised in the premises, approve the above Compromise Settlement, including attorney fees and the attached appendix to the Compromise Settlement, if any, which Compromise Settlement and appendix are incorporated herein by reference and made a part hereof If a child support lien was filed in this workers' compensation case, the employer/carrier shall include the name of the person or government agency asserting the lien on any check for benefits to the claimant in excess of One Thousand Dollars ($1,000.00). The employer/carrier shall comply with this Order within twenty (20) days from the file-stamped date of the order. In that event, and if the Compromise Settlement determined all issues and matters in the claim, this cause shall be fully and finally closed and resolved, and the Court divested offurth un diction therein. DONE this 7day of August, 2013 ~9 Ffi~ Reporter's InitiaJs~rJ . A copy hereof was mailed by United States regular mail on this file-stamped BY ORDER OF / V date to all attorneys of record and unrepresented parties JUDGE OR COURT ADMINISTRATOR 06/11 WORKERS' COMPENSATION COURT 1915 NORTH STILES OKLAHOMA CITY, OKLAHOMA 73105-4918 Claim No.: 048-10-15 FILE NO. 2011-12792 A Form CS-339-A WORKERS' COMPENSATION COURT THIS SPACE FOR COURT USE Send Original and 5 copies to the Workers' Compensation Court 1915 NORTH STILES ONLY OKLAHOMA CITY, OKLAHOMA 73105-4918 Claim No.: 048-10-15 s In re Claim of., (Please type or Print ALL information legibly) u Full Name of Injured Employee (Claimant) Michael Denton ' FILE NO. Claimant s Social Security Number 2011-12794 K Akat- XXX-XX-1287 Name of Employer (Respondent) Date of Injury 2102111 t"< z t s City of Owasso Any person who commits workers' Employer's Insurance Carrier, Permit # for Court Approved Individual Self-Insured or Own Risk Group, Uninsured compensation fraud, upon conviction, Own Risk #16950 shall be guilty of a felony COMPROMISE SETTLEMENT Section 339(A) WC Code This agreement is prepared and submitted pursuant to Section 339(A) of the Workers' Compensation Code, Title 85 of the Oklahoma Statutes. By signing below, each party affirms that they have read and understand its provisions, declares under penalty of perjury that all statements are true and 20"IF-tO 110 th- 1`06t Of thQIFkF19wI9d-- - belief, aRd undeFstands that the agreemenit, if apffSyed by the Workers' GampensatieR l3gurt as eensiuseve, final, and binding on all the parties involved. By this agreement, the parties settle upon and determine (check one): WALL ISSUES AND MATTERS IN THE CLAIM (Settlement and Resolution of Claim With Full Release) ❑SOME, BUT NOT ALL ISSUES AND MATTERS IN -Attach Appendix of all outstanding issues. The appendix is subject to approval by the Workers' Compensation Court. It MUST accompany the Form CS 339-A; and be dated and signed by all parties under penalty of perjury. 1. It is hereby agreed by and between the above named parties that the claimant alleges to have sustained a compensable accidental injury on or about February 2, 2011, while in the employ of the employer, causing the following injury (describe nature ofh jruy) Bilateral Shoulders: And all other iniuries known or unknown arising out of the foregoing accident, and resulting in temporary total disability from 6/14112 to 2/12/13, or a period of 35 weeks, 0 days for which claimant received $S25,060.0 Q, in compensation from the respondent or insurance carrier. The claimant's average weekly wage before the injury was $1,267.79. 2. A claim for compensation was filed by the claimant for the injury, or if the claimant is not represented by an attorney, an Employer's First Notice of Injury (Fonn 2) was filed by the employer for the injury, and the Workers' Compensation Court has inrisdiction in this matter. 3. This is an agreement in which the claimant agrees to accept $ Air 0, G. ' g '-'r in full and final settlement of all claims for (describe injury) Bilateral Shoulders: And all other iniuries, known or unknown arising outoftheforegoing accidentsustained asaresitltoftheaccident referred toabove, including anyclaim bytheclaimant forpast, present and future compensation for temporary total disability, temporary partial disability, permanent partial impairment or permanent total disability, statutory medical treatment, physical and vocational rehabilitation benefits, or loss of wage earning capacity, as aresult of any and all injuries sustained in the accident. This sum is in addition to any previous amount(s) paid to the claimant, and any amount(s) for authorized, reasonable and necessary medical and rehabilitative expenses previously ' ctured by the claimant due to the injury. o r _ wal f~ Ofsaid sum, $ S(r--shall be paid for permanent partial disability/permanent partial impairment L~%) to LBitwi Shoulders and $ G shallcbe pai/d for r 5~ 4. For Social Security offset purposes, and if applicable, the claimant agrees to accept and the employer/carrier agrees to pay a lump sum of$N/A for permanent impairment that will affect the claimant for the rest of the claimant's life. The claimant's remaining life expectancy is N/A months. Therefore, even though paid in a lump sum, claimant's benefit (after deduction of attorney fees and expenses) shall be considered to be $N/A a montlm for N/A months beginning N/A. 5. The sum of $ 'V, M shall be deducted from this settlement and paid to the claimant's attorney pursuant to the workers' compensation laws of the state. 6. The employer/carrier agrees to pay all applicable court costs, and all taxes and assessments to the Oklahoma Tax Commission, as f llows: $140.00 to the Workers' Compensation Court, taxed as costs in this matter, unless previously paid; the Special Occupational Health and Safety Tax in the sum of $ ~E representing three-fourths of one percent (0.75%) of the compromise settlement amount, excluding medical payments and temporary total disability compensation; if a Court Approved OWN RISK employer or group self-insurance association, the Workers' Compensation Administration Fund Tax in the sum of$ `i f t O, representing2%ofthe compromise settlement amount, and, if applicable by law, the appropriate Self-Insured Guaranty Fund Tax in the sum of $N/A, representing 1% of the compromise settlement amount; and, in addition to other amounts, if UNINSURED, a Multiple Injury Trust Fund assessment in the sum of $N/A representing 5% ofthe compromise settlement amount. Michael Denton CLAIMANT NAXM - PLEASE PRINT NAME PRINT / oB7~ C- T [ l Citv of Owasso EMPLOYER NAME - PLEASE PRINT Own Risk #16950 NAME OF EMPLOYER'S CARRIER OR OWN RISI, GROUP - PLEASE PRINT Eric L. Tabor 30273 NAME OF EMPLO I rR'S ASE PRINT 013A# EMPLOYER/ QVUt7£ILATTORNEIGNATURE DATE ORDER APPROVING COMPROMISE SETTLEMENT (FORM CS-339-A): The Workers' Compensation Court, having reviewed the evidence, files and records in this matter and being fully advised in the premises, approve the above Compromise Settlement, including attorney fees and the attached appendix to the Compromise Settlement, ifany, which Compromise Settlement and appendix are incorporated herein by reference and made apart hereof. Ifa child support lien was filed in this workers' compensation case, the employer/carrier shall include the name of the person or government agency asserting the lien on any check for benefits to the claimant in excess of One Thousand Dollars ($1,000.00). The employer/carrier shall comply with this Order within twenty (20) days from the file-stamped date of the ord~eL-1§r$Pdt vent, and ij time C omise lenient determined all issue d matters in the claim, this cause shall be fully and finally closed and resolved, and the Couit-dfv'estedd~Tf her ' i,uTisd t - -m: DONE this day of August, 2013 I Reporter's Idtialty A copy hereof was mailed by United States regular marl on this file-stamped BY ORDER OF date to all attorneys of record and unrepresented parties JUDGE OR COURT ADMINISTRATOR 08111 V nTh.ity witi~out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Larry Langford Director of Recreation and Culture SUBJECT: Acceptance of Donation and Supplemental Appropriation DATE: August 30, 2013 BACKGROUND: The Owasso Historical Society is offering a cash donation to the City of Owasso to fund the purchase of display cases and materials and labor to resurface the Museum flooring. Estimates were provided by Mill Creek Carpet and Tile and Fixture Outlet, Incorporated in the amount of $25,000 The donation helps reach the goal of updating the current facility while maintaining the items serving to preserve our history and educate our community. The Historical Society will be presenting the city with a check in the amount of $25,000. PROPOSED ACTION: Staff is proposing City Council approval of a budget amendment in order to make the donated funds available for expenditure in the Museum Budget. This budget amendment would increase the General Fund revenues and appropriated expenditures by $25,000. RECOMMENDATION: Staff recommends City Council acceptance of the donation and approval of a budget amendment increasing the estimated revenue in the General Fund by $25,000 and increasing appropriation for expenditures in the Museum budget by $25,000. V..._. i m_ O"eT~~ City Wit ._t L _ i -t-s. TO: The Honorable Mayor and City Council City of Owasso FROM: Sergeant Mike Barnes SUBJECT: Phase II Multi-Use Firearms Training Facility Project Approval DATE: August 30, 2013 BACKGROUND: During FY 2013, the Owasso Police Department facilitated the completion of Phase I of the Multi- Use Police Firearms Training Facility. This phase involved the completion of dirt work that resulted in the construction of dirt berms for a rifle range, pistol range, and shoot house. One of three metal coverings was also installed. The FY 2014 Police Services Budget includes $57,882 for Phase II of the training facility. Phase II will encompass fine dirt grading, concrete for the shoot house floor, concrete for the pistol range, and sod for the pistol range. Phase II is critical to achieving the goal of completing the project. The concrete work will ensure a safe training environment and will greatly reduce erosion and damage to the facility. Currently, it is unsafe to train in wet conditions due to employees slipping in the mud or having to walk through standing water. The concrete will ensure that training can occur in wet conditions. Erosion is already taking place on the pistol range and the area designated for the shoot house. Concrete will significantly reduce or eliminate this problem and ensure long life of the facility. Phase II is in design and the concrete and grading will be advertised for competitive bidding in September. Completing the training facility will take one or two more phases. Additional improvements will include at least two more protective covers, turning target systems, construction of the shoot house, construction of the range tower, electric, and plumbing. FUNDING: The FY 2014 Public Safety Capital Fund for Police Services contains $57,882 for Phase II of the training facility project. RECOMMENDATION: Staff recommends approval of Phase 11 of the Multi-Use Police Firearms Training Facility project. necAIAit, yr Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney SUBJECT: Resolution 2013-14 retaining legal services to defend the City of Owasso and authorizing the filing of appropriate counterclaims in the litigation styled Patrick D. Ross v. The City of Owasso, CV-2013-00898. DATE: August 30, 2013 BACKGROUND: On August b, 2013, a lawsuit was filed by Councilor Patrick D. Ross in the District Court of Tulsa County against the City of Owasso alleging violations of the Open Meeting Act and the Open Records Act. Service of process was made upon the City on or about August 28, 2013, and an Answer to the Plaintiff's Petition is due to be filed by the City within twenty (20) days. Counsel for the City of Owasso has recommended that the City assert various counterclaims against the Plaintiff as a part of its defense. RECOMMENDATION: Staff recommends the City Council approve Resolution 2013-14 retaining David Weatherford to defend the City of Owasso in the litigation styled as Patrick D. Ross v. The City of Owasso, CV- 2013-00898, District Court of Tulsa County, and authorizing the filing of appropriate counterclaims against the Plaintiff on behalf of the City of Owasso. ATTACHMENT: Proposed Resolution 2013-14 CITY OF OWASSO, OKLAHOMA RESOLUTION NO. 2013-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA RETAINING LEGAL SERVICES TO DEFEND THE CITY OF OWASSO AND AUTHORIZING THE FILING OF ALL APPROPRIATE COUNTERCLAIMS ON BEHALF OF THE CITY OF OWASSO. WHEREAS, the City of Owasso, Oklahoma, has been named in a lawsuit, CV-2013-00898, Patrick D. Ross v. City of Owasso, wherein a number of claims have been made challenging actions taken by the elected officials of the City; WHEREAS, the City is required to respond to and defend the lawsuit filed by Plaintiff Ross, and is required to assert all claims it may have related to the issues raised by Mr. Ross, in this action; WHEREAS, approval of this resolution is in the best interest of the residents of the City of Owasso. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Owasso, Oklahoma, as follows: David L. Weatherford of the firm Birmingham, Morley, Weatherford & Priore is retained by the City to represent the City in the lawsuit Patrick D. Ross v. City of Owasso, Tulsa County Case No. CV- 2013-00898, and is authorized to file appropriate counterclaims against Mr. Ross for: a. Violation of his oath of office by disclosing privileged information obtained during confidential discussions of the City Council and with legal counsel of the City, all without authorization of the full City Council; b. A determination that the personnel records of the City are to be maintained as confidential pursuant to the Open Records Act, c. A determination that there have been no Open Meeting Act violations by the City, d. The recovery by the City from Mr. Ross of damages, costs and attorneys fees for false allegations, an abuse of process, and use of the Court system for political gain, rather than for legitimate, lawful purposes. Dated this 3,d day of September, 2013. ATTEST: Doug Bonebrake, Mayor Sherry Bishop, City Clerk Approved as to Form: Julie Lombardi, City Attorney