HomeMy WebLinkAbout2013.11.19_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE , ~'pGr C~/~
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: November 19, 2013 0..
TIME: 6:30 pm c
PLACE: Council Chambers, Old Central Building
109 N. Birch
Notice and agenda filed in the office of the City Clerk and posted. pt City Hall at 6:00 pm on
Friday, November 15, 2013.
Sherry Bishop; City Clerk z/
AGENDA
Call to Order
Mayor Doug Bonebrake
2. Roll Call
3. 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 November 5, 2013 Regular Meeting and the
November 12, 2013 Work Session
Attachment #3A
B. Approval of Claims
Attachment #3B
C. Receipt of the Monthly Budget Status Report
Attachment #3C
D. Acceptance of sanitary sewer infrastructure improvements, to include 160 linear
feet of 8" PVC sanitary sewer line and all appurtenances, for the Cornerstone
Ace Hardware located on the southwest corner of E 116th St North and N 129th E
Avenue
Attachment #3D
4. Consideration and appropriate action relating to items removed from the Consent
Agenda
5. Consideration and appropriate action relating to a Vision 2025 Capital Improvement
Agreement with the Board of Commissioners of Tulsa County pertaining to the Owasso
Water System Improvement - Medical Complex Project
Sherry Bishop
Attachment #5
Staff recommends Council approval of the Capital Improvements Agreement and
authorization for the Mayor to execute such agreement.
Owasso City Council
November 19, 2013
Page 2
6. Consideration and appropriate action relating to the adoption of Resolution No. 2013 -21,
of the City of Owasso, Oklahoma (the "City ") approving the incurrence of indebtedness
by the Owasso Public Works Authority (the "Authority ") issuing its utility system and sales
tax revenue note, series 2013 (the "Note "); providing that the organizational document
creating the Authority is subject to the provisions of the indenture, authorizing the
issuance of said Note; waiving competitive bidding with respect to the sale of said Note
and approving the proceedings of the Authority pertaining to the sale of said Note;
ratifying and confirming a security agreement by and between the City and the Authority
pertaining to the year -to -year pledge of certain sales tax revenues; ratifying and
confirming a lease agreement; establishing the City's reasonable expectation with
respect to the issuance of tax - exempt obligations by or on behalf of said City in calendar
year 2013, and designating the Note as a qualified tax - exempt obligation; and
containing other provisions relating thereto
Sherry Bishop
Attachment #6
Staff recommends adoption of Resolution No. 2013 -21.
Consideration and appropriate action relating to the adoption of Resolution No. 2013 -20,
endorsing the 2014 Tulsa Regional Chamber OneVoice legislative Agenda
John Feary
Attachment #7
Staff recommends adoption of Resolution No. 2013 -20.
8. Consideration and appropriate action relating to the purchase of crack sealing services
utilizing the Oklahoma State Bid for the H 2013 -2014 Street Rehabilitation program
Earl Farris
Attachment #8
Staff recommends approval to purchase crack sealing services from Keystone Services
Incorporated utilizing the Oklahoma State Bid Contract SW816 in the amount $35,000.
Consideration and appropriate action relating to the economic development prospect
"Project Socrates" authorizing the transfer of funds in the amount of $500,000 from the
Hotel Tax Fund to the OEDA to use as a cash incentive for "Project Socrates" contingent
upon successful recruitment of this project and execution of a contract between the
OEDA and the company.
Chelsea Levo
Attachment #9
Staff recommends City Council authorization to transfer funds to the OEDA contingent
upon successful recruitment of this project and execution of a contract.
10. Consideration and appropriate action relating to the adoption of Ordinance No. 1027,
amending Part 2, Administration & Government, Chapter 4, Rules of Procedure for the
City Council, by amending section 2 -412, Addressing the Council, of the Code of
Ordinances
Julie Lombardi
Attachment #10
Staff recommends adoption of Ordinance No. 1027.
Owasso City Council
November 19, 2013
Page 3
11. Consideration and appropriate action relating to the proposed settlement in First
Presbyterian Church v. City of Owasso, CJ -13 -3796
Julie Lombardi
Attachment #11
Staff recommends City Council authorization to settle this case and make payment of
the Commissioners' Award in the amount of $46,062, Commissioners' Fees in the amount
of $2,625, attorney fees of $15,200.46, and additional court costs of $400.70 for a total
settlement of $64,288.16.
12. Report from City Manager
13. Report from City Attorney
14. Report from City Councilors
15. New Business (New Business is any item of business which could not have been foreseen
at the time of posting of the agenda)
16. Adjournment
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, November 5, 2013
The Owasso City Council met in regular session on Tuesday, November 5, 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 pm on Friday, November 1, 2013.
1. Cali to Order
Mayor Bonebrake called the meeting to order at 6:30 pm.
2. Invocation
The invocation was offered by Lead Pastor Doug Gregg of Lifepoint Baptist Church.
3. Flag Salute
Councilor Brown led the flag salute
4. Roll Cali
PRESENT ABSENT
Doug Bonebrake, Mayor None
Chris Kelley, Vice Mayor - arrived 6:40 pm
Charlie Brown, Councilor
Jeri Moberly, Councilor
Patrick Ross, Councilor
A quorum was declared present
STAFF
Warren Lehr, Interim City Manager
Julie Lombardi, City Attorney
5. Presentation of the Character Trait of Initiative
Gary Akin, Character Council Member, presented "Initiative," the Character Trait of the
Month for November 2013.
Councilor Kelley arrived at 6:40 pm.
6. Presentation by Bailey Elementary First Lego League Team
Liz Swearingen, 5th grade Science Teacher, and students representing Bailey Elementary
performed their competition piece on tornado safety and an innovative safety solution for
schools. In addition, the students demonstrated a robot they have programmed for
competition on November 9th.
Following item 6, Warren Lehr recommended a recess of the Owasso City Council meeting in
order to proceed with the Owasso Public Works Authority meeting.
Dr. Kelley moved, seconded by Ms. Moberly to recess the City Council meeting.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Owasso City Council
November 5, 2013
Page 2
Motion carried 5 -0 and the City Council recessed the Council meeting at 6:50 pm.
Following adjournment of the Owasso Public Works Authority, Mr. Ross moved, seconded by
Mr. Brown to reconvene the Owasso City Council meeting.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0 and the City Council reconvened the Council meeting at 7:30 pm.
Consideration and appropriate action relating to a request for 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 October 15, 2013 Regular Meeting
Attachment #7A
B. Approval of Claims
Attachment #7B
Mr. Brown requested item B be removed for separate consideration. Mr. Brown moved,
seconded by Mr. Ross to approve Item A of the Consent Agenda.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0
8. Consideration and appropriate action relating to items removed from the Consent Agenda
After discussion, Mr. Brown moved, seconded by
totaling $544,811.49. Also, included for review were
payroll payment report for 10/19/13.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0
Mr. Ross to approve item B with claims
the self- insurance claims report and the
9. Consideration and appropriate action relating to the acceptance of two Sam's Club grants
and budget amendments in the General Fund and the Hotel Tax Fund
Linda Jones presented the item and recommended Council acceptance of two grants and
approval of a budget amendment increasing the estimated revenues and the appropriation
for expenditures by $4,000 in General Fund Police Services and by $1,000 in the Hotel Tax
Fund Strong Neighborhood.
After discussion, Dr. Kelley moved, seconded by Mr. Brown to accept each grant and
approve the budget amendment as recommended.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0
Owasso City Council
November 5, 2013
Page 3
10. Consideration and appropriate action relating to a request for an executive session for the
purpose of discussing confidential communications between the City of Owasso and its
attorney, relating to litigation styled Mike Denton v. Dan Yancey, Rodney Ray and the City of
Owasso, 13 -CV- 709 -TCK -TLW; and Smokey Davidson v. City of Owasso, Jarod Mitchell and
Bobby Sordo, 13- CV- 658 -GFK -TLW; such executive session provided for in O.S. 25, Section
307(6)(4)
Julie Lombardi advised the Council that discussion of the litigation outside of an executive
session would impair the City's ability to defend itself appropriately and recommended
Council enter into executive session for the purpose of discussing the two litigation cases.
Ms. Moberly moved, seconded by Dr. Kelley to enter into executive session as
recommended.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0. The Council, along with Julie Lombardi, Warren Lehr, and Scott
Chambless, Police Chief, entered into executive session at 7:37 pm. The Council returned to
the open meeting in the Council Chambers at 7:55 pm.
11. Consideration and appropriate action relating to Resolution 2013 -18, authorizing the City to
provide a legal defense for Officer Jarod Mitchell and Officer Bobby Sordo in the litigation
titled Smokey Davidson v. City of Owasso, Jarod Mitchell and Bobby Sordo, and additionally
to hire Attorney Keith Wilkes to represent the City of Owasso, Officer Jarod Mitchell and
Officer Bobby Sordo
Julie Lombardi presented the item, recommending Council adoption of Resolution No. 2013-
I&
Following discussion, Mr. Brown moved, seconded by Ms. Moberly to adopt Resolution 2013-
18, as recommended.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0.
12. Consideration and appropriate action relating to Resolution 2013 -19, authorizing the City to
provide a legal defense for former Police Chief Dan Yancey and Former City Manager
Rodney Ray in the litigation titled Mike Denton v. Dan Yancey, Rodney Ray and the City of
Owasso, and additionally to hire Attorney Keith Wilkes to represent the City of Owasso, Dan
Yancey and Rodney Ray
Julie Lombardi presented the item, recommending Council adoption of Resolution No. 2013-
19.
Following discussion, Mr. Ross moved, seconded by Mr. Brown to adopt Resolution 2013 -19,
as recommended.
Owasso City Council
November 5, 2013
Page 4
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0.
13. Report from City Manager
Roger Stevens presented the Public Works Status Report
Larry Langford provided the Youth Sports Report.
Mr. Lehr recognized the collaboration of the Recreation and Culture and Animal Control
employees in the preparation and success of the 10th Annual Harvest Festival and Bark -
toberfest. Also recognized were the FOP Auxiliary for hosting their 2nd annual Trunk or Treat in
the City Hall south parking lot and city employees Ashley Hickman, Mario Swanson, and Lisa
Wilson for their coordination effort of the city employees' United Way fundraising campaign
with a total of $11,958.72 raised for 2013.
Mr. Lehr invited the community to attend the 2nd Annual Veterans Parade on Saturday,
November 9 at 9:00 am in the Smith Farm Shopping Center and the Annual Veterans
Appreciation Ceremony on Monday, November 1 1 at 5:30 pm at the Veterans Memorial.
14. Report from City Attorney
No Report.
15. Report from City Councilors
Mayor Bonebrake recognized the work of the Capital Improvements Committee for
adopting a Capital Improvements Planning Guide.
Mr. Brown commented on upcoming transportation legislation and future consideration by
the Council to support such legislation.
16. New Business
Julie Lombardi presented an item for new business. She advised the Council of a subpoena
received on November 5, 2013, from the impaneled Tulsa County Grand Jury for the
investigative report of Mr. Rodney Ray as drafted by Guy Fortney. Ms. Lombardi
recommended Council approval of a motion to release the report for the limited and sole
purpose of providing such document in response to the subpoena; authorization for Mr.
Fortney to provide one copy of the investigative report to Ms. Lombardi in response to the
subpoena; and to release Mr. Fortney from any liability that might result from any claimed
violation of work product or attorney client privilege as a result of him providing one copy of
the report for the sole purpose of compliance with the grand jury subpoena.
Following discussion, Mr. Bonebrake made a motion to release the personnel investigative
report conducted by Guy Fortney for the sole purpose to be used in the Tulsa County Grand
Jury investigation and to release to Julie Lombardi one copy for delivery to the Grand Jury,
and provide Guy Fortney with documentation to release him from the attorney client
privilege on this particular issue and that the report will be used solely for the Grand Jury
investigation; seconded by Dr. Kelley.
Owasso City Council
November 5, 2013
Page 5
YEA: Kelley, Moberly, Ross, Bonebrake
NAY: Brown
Motion carried 4 -1.
17. Adjournment
Dr. Kelley moved, seconded by Ms. Moberly to adjourn the City Council meeting.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0 and the meeting adjourned at 9:05 pm.
Doug Bonebrake, Mayor
Juliann M. Stevens, Minute Clerk
OWASSO CITY COUNCIL, OPWA, AND OPGA
MINUTES OF JOINT REGULAR MEETING
Tuesday, November 12, 2013
The Owasso City Council, Owasso Public Works Authority, and
in a joint regular meeting on Tuesday, November 12, 2013
Central, 109 N. Birch Street, per the Notice of Public Meeting
Hall bulletin board at 6:00 pm on Friday, November 8, 2013.
ITEM l: CALL TO ORDER
Mayor Bonebrake called the meeting to order at 6:00 pm.
PRESENT ABSENT
Doug Bonebrake, Mayor /Chairman
Chris Kelley Vice Mayor /Vice Chairman
Charlie Brown Councilor /Trustee
Jeri Moberly, Councilor /Trustee
Patrick Ross, Councilor /Trustee
A quorum was declared present
ITEM 2: DISCUSSION RELATING TO ADMINISTRATION ITEMS
Owasso Public Golf Authority met
in the Council Chambers at Old
and Agenda posted on the City
A. OWRB Refinancing 2006 Note
B. Ranch Creek Interceptor- Bids and Financing
C. Tulsa Regional Chamber of Commerce 2014 OneVoice Legislative Agenda
D. Website Content Management
E. Code of Ordinances, Section 2 -412: Addressing the Council
F. Tobacco Settlement Endowment Trust (TSET) -- Healthy Communities Incentive
Grants
Sherry Bishop presented item A and discussion was held. It was explained that final action on
the refinancing would require approval by the Council and the OPWA and that staff anticipates
placing items on the November 19, 2013 agendas for consideration and appropriate action.
Roger Stevens presented item B, explaining that construction bids were publicly opened earlier
in the day and staff is reviewing all bids received. It was further explained that an item will be
placed on the December 31a Council and OPWA agendas for consideration and appropriate
action.
John Feary presented item C and discussion was held. This item will be placed on the November
191h agenda for consideration and appropriate action.
Teresa Willson presented item D and introduced a website content management project that
the IT Department has initiated. Ms. Willson advised that as the project develops she will update
the Council during a future worksession.
Juliann Stevens presented item E and discussion was held. This item will be placed on the
November 19th agenda for consideration and appropriate action.
Sherry Bishop presented item F and discussion was held. Ms. Bishop explained this information
was provided to assure that Councilors are aware of the Certified Healthy Communities program
and that staff is reviewing policy and procedure modifications needed for Owasso to become a
Certified Healthy City.
November 12, 2013
Page 2
The Council recessed the meeting at 7:45 pm and returned at 7:55 pm.
ITEM 3: DISCUSSION RELATING TO OPERATIONAL ITEMS
A. Recycle Center Master Plan Presentation
Roger Stevens presented the item and introduced Scott Pasternak with SAIC. Mr. Pasternak
presented the Recycle Center Master Plan. A copy of the presentation was provided to
members of the Council. Mr. Stevens advised that additional discussion would occur during the
December worksession.
ITEM 4: DISCUSSION RELATING TO CITY MANAGER ITEMS
A. City Manager Report
• Sales Tax Report
• RFQs for former bank building remodel
• Land Use Master Plan
Sherry Bishop provided the monthly sales tax report and discussion was held. Warren Lehr
advised that requests for qualifications were received for the former bank building remodel for
city hall that staff is evaluating each submission. Mr. Lehr further advised that additional
discussion would occur during the December worksession. Warren Lehr provided a timeline for
the Land Use Masterplan revision and explained that staff is on schedule to have a draft plan
completed by March 2014 for public review and Council consideration and appropriate action.
Mr. Lehr also announced that INCOG Board of Directors approved Surface Transportation
funding for the Garnett Widening Project in the amount of $3.2 million and discussion was held.
ITEM 5: REPORT FROM CITY COUNCILORS
Mayor Bonebrake expressed appreciation to city staff and attendees for participation in the
Veterans Parade and Veterans Appreciation Ceremony. Councilor Ross advised that the Bailey
Elementary First Lego League Team placed Ist in their competition event.
ITEM 6: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE
SESSION FOR THE PURPOSE OF DISCUSSING AN ECONOMIC DEVELOPMENT PROPOSAL TO
ENTICE A BUSINESS TO LOCATE IN THE OWASSO AREA; SUCH REQUEST PURSUANT TO TITLE
25 O.S. § 307(C)(10)
Councilor Moberly moved, second by Councilor Kelley to enter into executive session.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0. The Council with Chelsea Levo, Warren Lehr, and Julie Lombardi entered
into executive session at 8:03 pm. At 8:40 pm the Council returned to the Council Chambers
and resumed in open meeting.
ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR AN EXECUTIVE
SESSION FOR THE PURPOSE OF DISCUSSING PROSPECTIVE CANDIDATES FOR EMPLOYMENT
FOR THE POSITION OF CITY MANAGER; SUCH REQUEST PURSUANT TO TITLE 25 O.S. §
307(6)(1)
Councilor Brown moved, seconded by Councilor Ross to enter into executive session.
November 12, 2013
Page 3
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0. The Council entered into executive session with Gary Holland of SGR and
City Attorney Julie Lombardi at 8:41 pm. At 10:20 pm the Council returned to the Council
Chambers and resumed in open meeting.
ITEM 8: ADJOURNMENT
Councilor Brown moved for adjournment, seconded by Councilor Moberly.
YEA: Brown, Kelley, Moberly, Ross, Bonebrake
NAY: None
Motion carried 5 -0
Meeting adjourned at 10:20 p.m.
Doug Bonebrake, Mayor /Chairman
Juliann Stevens, Minute Clerk
Claims List
11F1,169.110191 1
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
GENERAL JAEPIPSO
ISTREET
LIGHTS
15.06
TOTAL GENERAL
15.06
MANAGERIAL
CITY GARAGE
LABORIOVERHEAD - OCT, 201
58.33
JPMORGAN CHASE BANK
OK BAR ASSOC - TRAINING
225.00
JPMORGAN CHASE BANK
EMPLOYEE APPRECIATION
25.00
JPMORGAN CHASE BANK
EMPLOYEE RECOGNITION
10.86
JPMORGAN CHASE BANK
COUNCIL WORKSESSION MTG
59.98
JPMORGAN CHASE BANK
NEWEGG- PRINTER
539.99
SAV -ON PRINTING & SIGNS LLC
COUNCIL TABS
269.00
BAILEY GOLF RANCH
CIP MEETING EXPENSE
65.00
OWASSO CHAMBER OF COMMERCE
REGISTRATION FEE, STATE O
175.00
JPMORGAN CHASE BANK
LODGING EXPENSE - BISHOP
94.00
CITY GARAGE
jVEH1CLE PARTS PURCH - OCT
35.50
TOTAL MANAGERIAL 1,557.66
FINANCE FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - OCT, 2 25.33
OWASSO CHAMBER OF COMMERCE REGISTRATION FEE, STATE O 35.00
JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 63.52
CITY GARAGE LABORIOVERHEAD - OCT, 201 33.33
TOTAL FINANCE
157,18
HUMAN RESOURCES
JPMORGAN CHASE BANK
TRAINING EXPENSE
48.56
JPMORGAN CHASE BANK
CHARACTER FIRST- TRAINING
1,740.00
JPMORGAN CHASE BANK
CHARACTER FIRST - BULLETINS
417.20
AMERICANCHECKED, INC ATTN: BILLING
BACKGROUND CHECKS- PRE -EM
418.00
COMMUNITYCARE EAP
EMPLOYEE ASSISTANCE PROGR
227.00
JPMORGAN CHASE BANK
BARNES & NOBLE -BOOKS
25.00
JPMORGAN CHASE BANK
BARNES &NOBLE -EMP DEVEL
187.60
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - OCT, 2
12.48
JPMORGAN CHASE BANK
CHAR FIRST - INITIATIVE
39.80
OWASSO CHAMBER OF COMMERCE
REGISTRATION FEE, STATE O
35.00
JPMORGAN CHASE BANK
CLAREMORE DAILY -ADS
113.44
JPMORGAN CHASE BANK
IMEETING EXPENSE
13.46
TOTAL HUMAN RESOURCES 3,277.54
GENERAL GOVERNMENT JPMORGAN CHASE BANK SAMS CLUB- MICROWAVE OVEN 159.98
ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 419.16
RICOH USA, INC. COPIER SERVICE & SUPPLIES 199.49
AEPIPSO ELECTRIC USE 3,327.17
AT &T LONG DISTANCE LONG DISTANCE SERVICE 351.89
MAILROOM FINANCE INC POSTAGE 1,000.00
TULSA COUNTY CLERK FILING FEES 289.00
Page 1
Claims List
11/19/2013
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
GENERAL GOVERNMENT..,
JPMORGAN CHASE BANK
AMER WASTE- REFUSE SERVICE
140.16
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
54.98
JPMORGAN CHASE BANK
OFFICE DEPOT- SUPPLIES
27.49
CINTAS CORPORATION
CARPET /MAT CLEANING
5130
TOTAL GENERAL GOVERNMENT
6,021.02
COMMUNITY DEVELOPMENT
VERIZON WIRELESS
WIRELESS CONNECTION
88.95
CITY GARAGE
LABOR /OVERHEAD - OCT, 201
166.66
JPMORGAN CHASE BANK
REASORS- SUPPLIES
16.87
JPMORGAN CHASE BANK
SAV ON- LABELS /DECALS
257.50
JPMORGAN CHASE BANK
SAMS -COATS
WAS
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
25.90
JPMORGAN CHASE BANK
DELL -TONER CARTRIDGE
132.04
OWASSO CHAMBER OF COMMERCE
REGISTRATION FEE, STATE 0
35.00
RICHARD L. BYRNE 11
CODE ENFORCEMENT MOWING
150.00
RICHARD L. BYRNE 11
CODE ENFORCEMENT MOWING
150.00
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - OCT, 2
281.72
JPMORGAN CHASE BANK
BEST BUY - OFFICE SUPPLIES
32.49
JPMORGAN CHASE BANK
SAMS CLUB - SUPPLIES
9.48
TOTAL COMMUNITY DEVELOPMENT
1,444.06
ENGINEERING
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - OCT, 2
221.33
CITY GARAGE
VEHICLE PARTS PURCH - OCT
62.15
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
54.98
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
20.56
SAV -ON PRINTING & SIGNS LLC
BUSINESS CARDS
30.00
JPMORGAN CHASE BANK
FLEET DISTRIB -COATS
257,11
CITY GARAGE
LABORIOVERHEAD - OCT, 201
208.33
VERIZON WIRELESS
WIRELESS CONNECTION
29.65
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
20.56
UNITED STATES CELLULAR CORPORATION
CELL PHONE SERVICE
62.63
BENCHMARK SURVEYING & LAND SERVICES
SURVEY
2,500.00
JPMORGAN CHASE BANK
BD OF RFPE- LICENSE RENEW
152.00
BLUE ENERGY FUELS, LLC
JCNG FUEL PURCHASED - OCT,
91.01
TOTAL ENGINEERING 3,710.31
INFORMATION TECHNOLOGY CITY GARAGE LABORIOVERHEAD - OCT, 201 58.33
VERIZON WIRELESS WIRELESS CONNECTION 139.32
JPMORGAN CHASE BANK LOWES- SUPPLIES 106.66
JPMORGAN CHASE BANK BEST BUY - SUPPLIES 21.98
JPMORGAN CHASE BANK AMAZON -PATCH CABLE 26.32
JPMORGAN CHASE BANK AMAZON - NETWORK CABLE 12.99
FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - OCT, 2 79.63
Page 2
Claims List
11/19/2013
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
INFORMATION TECHNOLOGY
TECHSICO ENTERPRISE SOLUTIONS
CHARGE TO MOVE FIBER
770.00
ATLAS COMPUTERS, INC.
REPLACE PTP NETWORK RADIO
696.94
JPMORGAN CHASE BANK
NEWEGG -PC MONITORS
265.98
JPMORGAN CHASE BANK
AMAZON- ACCESS POINTS
206.99
JPMORGAN CHASE BANK
AMAZON -POWER STRIPS
10.00
JPMORGAN CHASE BANK
AMAZON -POWER STRIPS
18.50
JPMORGAN CHASE BANK
AMAZON -POWER STRIP
8.50
JPMORGAN CHASE BANK
AMAZON -POWER STRIPS
65.44
JPMORGAN CHASE BANK
AMAZON -FIBER OPTIC CABLE
44.33
JPMORGAN CHASE BANK
AMAZON -FIBER OPTIC CABLE
16.98
TOTAL INFORMATION TECHNOLOGY
2,548.89
SUPPORT SERVICES
JPMORGAN CHASE BANK
LIBERTY FLAGS -FLAGS
243.80
JPMORGAN CHASE BANK
LOTA- PARKING FEE
5.00
JPMORGAN CHASE BANK
TULSA CLEANING SYS -PARTS
335.91
JPMORGAN CHASE BANK
PARK SUPPLY - BOILER FAN
707.30
JPMORGAN CHASE BANK
SAMS CLUB - SUPPLIES
19.98
JPMORGAN CHASE BANK
SAMS CLUB - SUPPLIES
300.92
JPMORGAN CHASE BANK
SAV ON- VETERANS BANNER
65.00
JPMORGAN CHASE BANK
INTERSTATE ALL - BATTERIES
11.75
JPMORGAN CHASE BANK
MACS ELECTRIC SUPPLY -FUSE
23.76
JPMORGAN CHASE BANK
RED BUD- FILTERS
69.42
JPMORGAN CHASE BANK
ROBERTSON SUPPLY -PARTS
23.95
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - OCT, 2
300.76
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
8.06
CITY GARAGE
VEHICLE PARTS PURCH- OCT
505.96
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
17.86
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
20.39
JPMORGAN CHASE BANK
FACILITY DUDE - SOFTWARE
2,849.00
JPMORGAN CHASE BANK
FACILITY DUDE - SOFTWARE
940.00
JPMORGAN CHASE BANK
LOWES -LIGHT BULBS
7.48
JPMORGAN CHASE BANK
LOWES -BUG FOGGER
9.97
OKLAHOMA DEPT OF CORRECTIONS TULSA
DOC WORKER PROGRAM - OCT
930.00
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
2.01
JPMORGAN CHASE BANK
HAMBRICK- BOILER REPAIR
287,00
JPMORGAN CHASE BANK
ROBERTSON SUPPLY- RETURN
-21.55
VERIZON WIRELESS
WIRELESS CONNECTION
29.65
CITY GARAGE
LABORIOVERHEAD - OCT, 201
291.66
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASED - OCT.
5.19
BLUE ENERGY FUELS, LLC
JCNG FUEL PURCHASED - OCT,
74.43
TOTAL SUPPORT SERVICES 8,064.66
CEMETERY VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 26.76
JPMORGAN CHASE BANK BROWN FARMS-SOD 45.00
Page 3
Claims List
11/19/2013
Budget Unit Title Vendor Name Payable Description �PaymentAmount�
CEMETERY.. JPMORGAN CHASE BANK LOWES- CONCRETE BLOCKS 97.12
CEMETERY
POLICE SERVICES
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
LONG DISTANCE
RGAN CHASE BANK
)K, INC OKLAHOMA NATURAL GAS
3SO CHAMBER OF COMMERCE
RGAN CHASE BANK
RGAN CHASE BANK
,RGAN CHASE BANK
,RGAN CHASE BANK
,RGAN CHASE BANK
IRGAN CHASE BANK
IRGAN CHASE BANK
IRGAN CHASE BANK
;RGAN CHASE BANK
)RGAN CHASE BANK
IRGAN CHASE BANK
IRGAN CHASE BANK
)ROAN CHASE BANK
TCOR TECHNOLOGIES
GARAGE
ENERGY FUELS, LLC
GARAGE
)RGAN CHASE BANK
)RGAN CHASE BANK
)RGAN CHASE BANK
)RGAN CHASE BANK
)RGAN CHASE BANK
)RGAN CHASE BANK
)RGAN CHASE BANK
)RGAN CHASE BANK
)RGAN CHASE BANK
ZON WIRELESS
USE
ELECTRIC USE
GALLS - BULLETPROOF VEST
SPORTS WORLD-SUPPLIES
GALLS- BARRIER TAPE
GALLS - UNIFORM APPAREL
GALLS- UNIFORM APPAREL
GALLS - BULLETPROOF VEST
Page 4
DISTANCE SERVICE
BER- LEADERSHIP OWASSO
VATURAL GAS USAGE
REGISTRATION FEE, STATE O
MTM RECOG- UNIFORM APPAREL
SPECIAL OPS -RANK BAR
SPECIAL OPS- UNIFORM AFFAIR
OWASSO FITNESS -GYM USE
FEDEX - SHIPPING COSTS
FEDEX- SHIPPING COSTS
UPS STORE- SHIPPING
LAW ENFORCEMENT- SUPPLIES
SAV ON- REPORTING CARDS
BROWNELLS- FIREARM SUPPLIE
i CLUB - MEMBERSHIP FEE
.OW WHITE -UNIF ITEMS
MAN EXPENSES - OCT, 2
CLE PARTS PURCH - OCT
FUEL PURCHASED - OCT,
)R/OVERHEAD - OCT, 201
BUY-DOCUMENT SCANNER
BUMP26UMP- PARTS /BATTERIES
BROWNELLS- FIREARMS SUPPLY
BROWNELLS- FIREARMS SUPPLY
BROWNELLS- FIREARMS SUPPLY
SOMES- UNIFORM APPAREL
OFFICE DEPOT - SUPPLIES
DRY CLEAN STAT -DRY CLEAN
WIRELESS CONNECTION
`M'&>rR
254
1,127
351
61
84.75
8,567.42
3,951.63
85.31
5,166.66
37
309.88
Claims List
11/19/2013
Budget Unit Title
Vendor Name
Payable Description IPayment
Amount
TOTAL POLICE SERVICES 26,376.80
POLICE - DOJ VEST GRANT JPMORGAN CHASE BANK GALLS - BULLETPROOF VEST 284.45
JPMORGAN CHASE BANK GALLS- BULLETPROOF VEST 286.68
TOTAL POLICE - DOJ VEST GRANT
571.13
POLICE COMMUNICATIONS JPMORGAN CHASE BANK HOBBY LOBBY- SUPPLIES
30.97
AEP /PSO ELECTRIC USE
129.42
JPMORGAN CHASE BANK WATERSTONE- CLEANING
8110
JPMORGAN CHASE BANK WALMART- PRISONER BOARD
51.64
JPMORGAN CHASE BANK INTERSTATE - SUPPLIES
24.94
JPMORGAN CHASE BANK PUBLIC SAFETY- UNIFORMS
17.78
JPMORGAN CHASE BANK NEWEGG -PC MONITORS
487.92
JPMORGAN CHASE BANK DELL -3 COMPUTERS /DISPATCH
3,570.27
TOTAL POLICE COMMUNICATIONS
4,396.04
ANIMAL CONTROL
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - OCT. 2
151.34
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASED - OCT,
51.75
JPMORGAN CHASE BANK
SHELTER PRO - DATABASE REPR
309.00
JPMORGAN CHASE BANK
COMPANIONS - CREMATIONS
445.00
JPMORGAN CHASE BANK
MED VET - SUPPLIES
125.15
JPMORGAN CHASE BANK
SAV ON -AC BANNER
75.00
JPMORGAN CHASE BANK
SAMS- SUPPLIES
146.96
JPMORGAN CHASE BANK
OREILLYSUPPLIES
11.98
AEP /PSO
ELECTRIC USE
167.40
JPMORGAN CHASE BANK
WATERSTONE- CLEANING
69.20
AT&T LONG DISTANCE
LONG DISTANCE SERVICE
35.47
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
17.96
JPMORGAN CHASE BANK
HOME DEPOT - SUPPLIES
2.25
VERIZON WIRELESS
WIRELESS CONNECTION
59.32
CITY GARAGE
LABOR /OVERHEAD - OCT, 201
166.66
TOTAL ANIMAL CONTROL
1,834.44
FIRE SERVICES
CITY GARAGE
LABOR /OVERHEAD - OCT, 201
1,250.00
VERIZON WIRELESS
WIRELESS CONNECTION
193.28
JPMORGAN CHASE BANK
TRAVEL EXPENSE -SALTS
16.33
JPMORGAN CHASE BANK
AMER OVERHEAD DOOR -MAINT
238.50
JPMORGAN CHASE BANK
LOWES - SUPPLIES
18.75
JPMORGAN CHASE BANK
WILLIAMS PLMB - MAINT /REPR
618.46
JPMORGAN CHASE BANK
TRAVEL EXPENSE -SALTS
8.16
JPMORGAN CHASE BANK
TRAVEL EXPENSE -SALTS
7.00
JPMORGAN CHASE BANK
WALMART- OFFICE SUPPLIES
13.40
JPMORGAN CHASE BANK
1ASSOC PARTS -PARTS
1 71.90
Page 5
Claims List
11/1912013
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
FIRE SERVICES...
AT &T LONG DISTANCE
LONG DISTANCE SERVICE
73.93
JPMORGAN CHASE BANK
LOWES- SUPPLIES
6.96
AEP IPSO
ELECTRIC USE
2,198.52
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
528.94
OWASSO CHAMBER OF COMMERCE
REGISTRATION FEE, STATE O
70.00
JPMORGAN CHASE BANK
ADVANCE AUTO -WIPER BLADES
19.98
JPMORGAN CHASE BANK
ADVANCE AUTO -PARTS
43.98
JPMORGAN CHASE BANK
WALMART- SUPPLIES
5.90
JPMORGAN CHASE BANK
CONRAD FIRE - FLASHLIGHT
207.90
JPMORGAN CHASE BANK
CONRAD FIRE - REPAIR PART
49.83
JPMORGAN CHASE BANK
CONRAD FIRE - FLASHLIGHTS
207.90
JPMORGAN CHASE BANK
CONRAD FIRE- REPAIR PARTS
201.02
JPMORGAN CHASE BANK
LOCKE SUPPLY -PARTS
21.17
JPMORGAN CHASE BANK
OK POLICE SUPPLY- PATCHES
4.00
JPMORGAN CHASE BANK
ASSOC PARTS- REPAIR PARTS
169.05
JPMORGAN CHASE BANK
CONRAD FIRE - RETURN
- 676.75
JPMORGAN CHASE BANK
PIKEPASS- PIKEPASS FEES
1.40
JPMORGAN CHASE BANK
MSA- SOLARIS REPAIRS
350.00
JPMORGAN CHASE BANK
LOCKE SUPPLY -BAY HEATER
118.79
JPMORGAN CHASE BANK
CUMMINS -MAINT /REPAIR SVCS
1,309.10
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
10.98
JPMORGAN CHASE BANK
LOWES -CAULK
5.85
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASED - OCT,
266.86
CITY GARAGE
VEHICLE PARTS PURCH - OCT
302.96
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - OCT, 2
3,575.04
JPMORGAN CHASE BANK
TRAVEL EXPENSE -SALTS
15.55
JPMORGAN CHASE BANK
LODGING EXPENSE -SALTS
187.28
JPMORGAN CHASE BANK
OKLA CHAPTER- REGISTRATION
190.00
JPMORGAN CHASE BANK
I TRAVEL EXPENSE -SALTS
1 6.34
TOTAL FIRE SERVICES 11,908.26
EMERGENCY PREPAREDNES VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 21.73
VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 21.36
JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 11.96
AT &T LONG DISTANCE LONG DISTANCE SERVICE 9.05
AEP IPSO ELECTRIC USE 110.42
VERIZON WIRELESS WIRELESS CONNECTION 29.65
TOTAL EMERGENCY PREPAREDNESS 204.17
STREETS VERIZON WIRELESS WIRELESS CONNECTION 80.02
CITY GARAGE LABORIOVERHEAD - OCT, 201 1,500.00
SHERWOOD CONSTRUCTION CO, INC CONCRETE 1,748.00
SIGNALTEK INC TRAFFIC SIGNAL SERVICE 4,682.46
JPMORGAN CHASE BANK FLEET DISTRIB -COATS 257.11
Page 6
Claims List
11/19/2013
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
STREETS...
JPMORGAN CHASE BANK
FASTENAL -DUCT TAPE
10.32
JPMORGAN CHASE BANK
GRAYBAR -3M CONNECTORS
58.08
AEP /PSO
ELECTRIC USE
1,401.78
JPMORGAN CHASE BANK
ATWOODS- SUPPLIES
51.96
JPMORGAN CHASE BANK
ATWOODS -TAIL LIGHT
24.11
JPMORGAN CHASE BANK
ATWOODS -PARTS
8.99
JPMORGAN CHASE BANK
FASTENAL -DRILL BIT
28.34
JPMORGAN CHASE BANK
FASTENAL -SAW BLADE
8.55
JPMORGAN CHASE BANK
MILL CREEK -FORMS LUMBER
15.52
JPMORGAN CHASE BANK
FASTENAL- COTTER PINS
191
JPMORGAN CHASE BANK
EQUIPMENT ONE - RENTAL
31.00
JPMORGAN CHASE BANK
P & K EQUIPMENT -PARTS
7.68
JPMORGAN CHASE BANK
OREILLY-OIL/CLEANING
45.75
JPMORGAN CHASE BANK
OREILLY- STARTING FLUID
9.57
JPMORGAN CHASE BANK
YELLOWHOUSE -LATCH
47.99
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASED - OCT,
108.80
CITY GARAGE
VEHICLE PARTS PURCH - OCT
50.18
AMERICAN ELECTRIC POWER
MAIN STREET LIGHTING
1,000.00
AMERICAN ELECTRIC POWER
SILVER CREEK LIGHTING
513.00
ROADSAFE TRAFFIC SYSTEMS, INC
FY 2012 -2013 PAVEMENT STR
8,060.90
JPMORGAN CHASE BANK
MAXWELL -ADA TILES
297.22
ARROW FENCE
REMOVE /REPLACE FENCE
450.00
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - OCT, 2
1,129.11
AEP IPSO
STREET LIGHTS
5,535.49
JPMORGAN CHASE BANK
GELLCO- SAFETY BOOTS
134.99
JPMORGAN CHASE BANK
QUALITY TIRE -TIRES
185.00
APAC - OKLAHOMA, INC.
STREET REPAIR AT 76 ST N
953.82
SHERWOOD CONSTRUCTION CO, INC
CONCRETE
496.00
MAXWELL SUPPLY OF TULSA, INC
SUPPLIES
746.70
MAXWELL SUPPLY OF TULSA, INC
TOOLS
258.48
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
37.98
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
42.33
TOTAL STREETS 30,021.14
116TH ST N BRIDGE REPAIR DIRECT TRAFFIC CONTROL, INC TRAFFIC CONTROL- E 116 ST 2,750.00
TOTAL 116TH ST N BRIDGE REPAIR 2,750.00
STORMWATER UNIFIRST HOLDINGS LP UNIFORM RENTAL 27.93
UNIFIRST HOLDINGS LP UNIFORM RENTAL 27.93
JPMORGAN CHASE BANK NEW HOLLAND -DRIVE SHAFT 1,024.69
FLEETCOR TECHNOLOGIES FUELMAN EXPENSES - OCT, 2 1,087.22
CITY GARAGE VEHICLE PARTS PURCH - OCT 227.34
BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - OCT, 100.44
JPMORGAN CHASE BANK OREILLY -AIR FILTER 1078
Page 7
Claims List
` ILID1Z11yK3
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
STORMWATER...
JPMORGAN CHASE BANK
OREILLY- OIL/FUEL FILTERS
88.21
JPMORGAN CHASE BANK
OREILLY -OIL
4.32
JPMORGAN CHASE BANK
HOME DEPOT - BLADES
15.97
JPMORGAN CHASE BANK
HOME DEPOT -KEYS
6.81
JPMORGAN CHASE BANK
FLEET DISTRIB -COATS
257.11
P & K EQUIPMENT, INC
MOWER SERVICE
68.57
CITY GARAGE
LABOR/OVERHEAD - OCT, 201
1,166.66
VERIZON WIRELESS IWIRELESS
CONNECTION
109.67
TOTAL STORMWATER
4,223.65
PARKS
VERIZON WIRELESS
WIRELESS CONNECTION
129.64
CITY GARAGE
LABORIOVERHEAD - OCT, 201
500.00
AT &T LONG DISTANCE
LONG DISTANCE SERVICE
10.52
JPMORGAN CHASE BANK
ATWOODS -BOLTS
0.68
JPMORGAN CHASE BANK
ATWOODS- REPAIR SUPPLIES
17.92
JPMORGAN CHASE BANK
ATWOODS -BOLTS
5.96
JPMORGAN CHASE BANK
ATWOODS -BOLTS
0.24
AEP /PSO
ELECTRIC USE
1,466.98
JPMORGAN CHASE BANK
P &K EQUIP -PARTS
65.22
JPMORGAN CHASE BANK
P &K EQUIP -CHAIN SAW
425.98
CITY GARAGE
VEHICLE PARTS PURCH - OCT
63.16
UNIFIRST HOLDINGS LP
UNIFORMS
8.95
UNIFIRST HOLDINGS LP
UNIFORMS
8.95
FREDRICK COSTIN JR
OCT MOWING VETERANS PARK
165.00
FREDRICK COSTIN JR
OCT MOWING SKATE PARK
180.00
FREDRICK COSTIN JR
OCT MOWING RAYOLA PARK
516.00
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - OCT, 2
751.74
JPMORGAN CHASE BANK
LOWES -PARTS
18.98
JPMORGAN CHASE BANK
LOWES -WOOD
61.44
FREEDOM BAPTIST CHURCH OF OWASSO, I
HARVEST FESTIVAL PUMPKINS
810.00
SAVAGE CUSTOM SCREEN PRINTING, INC
HARVEST FESTIVAL T- SHIRTS
655.35
JPMORGAN CHASE BANK
LOWES- REPAIR SUPPLIES
52.20
JPMORGAN CHASE BANK
LOWES-HAND TOOLS
19.98
TOTAL PARKS
5,934.89
COMMUNITY CENTER
JPMORGAN CHASE BANK
CHARACTER FIRST - BULLETINS
19.37
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - OCT, 2
70.62
JPMORGAN CHASE BANK
TUCKER JANTL- SUPPLIES
72.90
JPMORGAN CHASE BANK
TARGET - OFFICE SUPPLIES
3.46
JPMORGAN CHASE BANK
DALE & LEES - SERVICES
156.00
JPMORGAN CHASE BANK
LOWES - BATTERIES /LIGHTS
86.94
INCOG
ANNUAL AREAAGING ASSESSM
1,000.00
AEPlPSO
ELECTRIC USE
819.40
ONEOK, INC OKLAHOMA NATURAL GAS
I NATURAL GAS USAGE
15813
i
Claims List
11/19/2013
Budget Unit Title
Vendor Name
Payable Description
IPaymentAmountl
COMMUNITY CENTER...
AT &T LONG DISTANCE
LONG DISTANCE SERVICE
16.21
STATE FARM INSURANCE AMB REF-CUM #36- 2059 -999 273.35
CITY GARAGE
LABOR /OVERHEAD - OCT, 201
83.33
307.66
JPMORGAN CHASE BANK
TUCKER JANTL- SUPPLIES
180.95
TOTAL COMMUNITY CENTER
FLEETCOR TECHNOLOGIES
2,667.41
HISTORICAL MUSEUM
AT &T LONG DISTANCE
LONG DISTANCE SERVICE
1.05
1,349.66
JPMORGAN CHASE BANK
MCCT- CARPET /LABOR MUSEUM
10,031.10
429.88
AEP IPSO
ELECTRIC USE
97.20
197.40
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
73.49
25.50
JPMORGAN CHASE BANK
SAMS CLUB- SUPPLIES
26.52
ECONOMIC DEV
FLEETCOR TECHNOLOGIES
CITY GARAGE
VERIZON WIRELESS
FUELMAN EXPENSES - OCT, 2
LABOR /OVERHEAD - OCT, 201
WIRELESS CONNECTION
47.73
58.33
29.65
TOTAL ECONOMIC DEV 135.71
128,255.2
FUND GRAND TOTAL
AMBULANCE SERVICE BETTY HOLMBURG AMBULANCE REFUND 34.31
STATE FARM INSURANCE AMB REF-CUM #36- 2059 -999 273.35
TOTAL AMBULANCE SERVICE
307.66
AMBULANCE
CITY GARAGE
VEHICLE PARTS PURCH - OCT
3,156.64
FLEETCOR TECHNOLOGIES
FUELMAN EXPENSES - OCT, 2
2,723.07
JPMORGAN CHASE BANK
BOUND TREE- SUPPLIES
1,349.66
JPMORGAN CHASE BANK
BOUND TREE- SUPPLIES
429.88
JPMORGAN CHASE BANK
TULSAAUTO -CHAIN REPAIR
197.40
JPMORGAN CHASE BANK
FULLERTONSUPPLIES
25.50
JPMORGAN CHASE BANK
KEN KOOL - MODULE CONDENSOR
340.20
JPMORGAN CHASE BANK
UNITED - AIRFARE /ATWELL
796.60
JPMORGAN CHASE BANK
UNITED- AIRFAREISTUCKEY
796.60
CITY GARAGE
LABORIOVERHEAD - OCT, 201
1,416.66
JPMORGAN CHASE BANK
JIM GLOVER -FUEL PUMP
2,878.88
VERIZON WIRELESS
WIRELESS CONNECTION
158.61
JPMORGAN CHASE BANK
PHARM SYSTEMS- SUPPLIES
829.09
JPMORGAN CHASE BANK
FULLERTON- SUPPLIES
64.92
4D GRAND TOTAL
COMMUNICATIONS JPMORGAN CHASE BANK
Page 9
15,1
15,4
Claims List
11/19/2013
Budget Unit Title Vendor Name Payable Description �PaymentAmount�
E911 COMMUNICATIONS... AT &T E911 MAPPING FEE - NOV 355.35
ADMIN SVC FEES
TOTAL E911 COMMUNICATIONS
7,470.75
FUND GRAND TOTAL
7,470.7
HOTEL TAX - ECON DEV
JPMORGAN CHASE BANK
MILL CREEK -SIGNS
41.90
JPMORGAN CHASE BANK
IAEP/PSO
GRAINGER- BUCKETS
149.70
ELECTRIC USE
40.31
TOTAL HOTEL TAX - ECON DEV
231.91
STRONG NEIGHBORHOODS
CITY GARAGE
LABOR/OVERHEAD - OCT, 201
58.33
JPMORGAN CHASE BANK
KOB- AWARDS DINNER
IFUELMAN
500.00
FLEETCOR TECHNOLOGIES
EXPENSES - OCT, 2
54.75
FUND GRAND TOTAL
STORMWATER - STORMWATE JPMORGAN CHASE BANK
AEP IPSO
MESHEK & ASSOCIATES, P.L.C.
TOTAL STORMWATER- STORMWATER
FUND GRAND TOTAL
CITY GARAGE U
CHASE BANK
RST HOLDINGS LP
RST HOLDINGS LP
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
RGAN CHASE BANK
)K, INC OKLAHOMA NATURAL GAS
LONG DISTANCE
RGAN CHASE BANK
'SO
Page 10
ELECT - CIRCUIT BREAKER
ECTRIC USE
31NEERING SERVICES
DEPOT- PRINTER
RM RENTAL FEES
RM RENTAL FEES
STAR -FUEL PUMP
D FORD -CORE RETURN
D FORD -PARTS
S- SUPPLIES
2AL GAS USAGE
DISTANCE SERVICE
3IC CHEV -PARTS
'RIC USE
190.00
267.41
4,333.35
4,790.76
4,790.76
1,019.98
1,019.9
31.71
31.71
37.95
185.57
Claims List
11FAL09401191
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
CITY GARAGE...
JPMORGAN CHASE BANK
TW TIRE -PARTS
1,076.00
JPMORGAN CHASE BANK
SAV ON- VEHICLE DECALS
360.00
JPMORGAN CHASE BANK
WHELEN ENGINEER -PARTS
203.60
JPMORGAN CHASE BANK
FLEET DISTRIB- FLASHER
76.36
JPMORGAN CHASE BANK
FLEET DISTRIB- HEADLIGHT
76.36
JPMORGAN CHASE BANK
OWASSO FENCE - SUPPLIES
12.39
JPMORGAN CHASE BANK
QUALITY TIRE- WHEELALIGNM
69.95
TOTAL CITY GARAGE
2,598.65
2,598.6
FUND GRAND TOTAL
WORKERS' COMP SELF -INS
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
289.00
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
32100
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
TOTAL WORKERS' COMP SELF -INS
1,870.00
WORKERS' COMP SELF -INS
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
1,192.03
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
366.98
UNITED SAFETY & CLAIMS INC
WC- TPA - ADMINISTRATION FEE
1,658.33
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
939.25
CITY OF OWASSO IMPRESTACCOUNT
WORKERS COMP CLAIMS PAYME
1,392.22
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS PAYME
366.98
TOTAL WORKERS' COMP SELF -INS
5,915.79
7,785'7
FUND GRAND TOTAL
GEN LIAB -PROP SELF INS
JPMORGAN CHASE BANK
PRUITTS -TORT CLAIM
664.20
JPMORGAN CHASE BANK
ENTERPRISE -TORT CLAIM CR
-20.17
JPMORGAN CHASE BANK
ENTERPRISE -TORT CLAIM
276.19
DAVID L. WEATHERFORD
LEGAL SVCS -ROSS VS CITY
1,800.00
TITUS HILLIS & REYNOLDS, P.C.
LEGAL, DARNABY VS CITY
918.50
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL, MAZZANTI AUGUST
72.00
NEWTON, O'CONNOR, TURNER & KETCHUM
LEGAL, ROSS VS CITY AUG
1,248.00
NEWTON, O'CONNOR, TURNER & KETCHUM
ILEGAL, DARNABY AUGUST
1,878.60
TOTAL GEN LIAB -PROP SELF INS
6,837.32
6,837.3
FUND GRAND TOTAL
Page 11
Claims List
11/19/2013
Budget Unit Title I Vendor Name Payable Description IPayment Amount
CITY GRAND TOTAL $175,074.$1
Page 12
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 11/19/13
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
ADMIN FEES
DENTAL DEPT TOTAL
VSP VISION MEDICAL SERVICES
VISION DEPT TOTAL
HEALTHCARE SELF INSURANCE FUND TOTAL
AMOUNT
3,828.06
57,120.23
64,259.29
125,207.58
3,549.85
2,297.44
5,847.29
1,556.33
1,556.33
132,611.20
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 11/02113
Department
Payroll Expenses
Total Expenses
Municipal Court
4,648.80
6,658.84
Managerial
16,806.04
23,329.90
Finance
11,621.51
18,175.22
Human Resources
7,138.83
11,727.03
Community Development
11,893.98
18,054.73
Engineering
17,278.78
25,068.71
Information Systems
12,274.35
18,773.54
Support Services
7,302.02
10,955.85
Police
106,356.11
165,314.43
Central Dispatch
10,365.39
17,890.15
Animal Control
2,727.80
4,217.32
Fire
105,979.29
158,788.81
Emergency Preparedness
1,467.23
2,097.96
Streets
6,062.89
10,167.15
Stormwater /ROW Maint.
5,931.54
9,731.06
Park Maintenance
11,147.01
16,328.28
Community- Senior Center
2,525.50
4,073.44
Historical Museum
616.00
691.64
Economic Development
3,076.92
4,022.84
General Fund Total 345,219.99 526,066.90
Garage Fund Total 4,212.59 7,173.25
Ambulance Fund Total 28,944.20 43,581.79
Emergency 911 Fund Total 5,778.28
Stormwater Fund 27 Total
Worker's Compensation Total
Strong Neighborhoods 2,740.31 4,148.30
CITY OF OWASSO
GENERALFUND
FISCAL YEAR 2012 -2013
Statement of Revenues & Expenditures
As of October 31, 2013
REVENUES:
Taxes
Licenses & permits
Intergovernmental
Charges for services
Fines & forfeits
Other
TOTALREVENUES
EXPENDITURES:
Personal services
Materials & supplies
Other services
Capital outlay
TOTAL EXPENDITURES
REVENUES OVER EXPENDITURES
TRANSFERS IN (OUT)
Transfers in
MONTH
$ 4,278,894
YEAR
Transfers out
(1,677,145)
(6,678,565)
TO -DATE
TOTALTRANSFERS
TO -DATE
$ (2,399,671)
BUDGET
NET CHANGE IN FUND BALANCE
$ 70,171
$ (92,830)
$ (482,856)
$
1,845,940
$
7,352,411
$
22,700,000
17,624
77,331
273,500
50,504
270,136
836,814
41,919
155,504
564,560
59,890
211,432
724,000
2,337
131,006
156,200
$
2,018,213
$
25,255,074
$
8,197,819
$
1,069,602
$
4,876,443
$
14,686,521
71,763
257,601
790,656
138,581
633,658
1,691,148
41,844
123,275
894,605
$
1,321,790
$
18,062,930
$
5,890,978
$
696,422
$
2,306,841
$
7,192,144
Transfers in
$ 1,050,893
$ 4,278,894
$ 13,575,000
Transfers out
(1,677,145)
(6,678,565)
(21,250,000)
TOTALTRANSFERS
$ (626,252)
$ (2,399,671)
$ (7,675,000)
NET CHANGE IN FUND BALANCE
$ 70,171
$ (92,830)
$ (482,856)
FUND BALANCE (Budgetary Basis)
Beginning Balance
Ending Balance
Unaudited
2,156, 268 1,945,564
$ 2,063,438 " $ 1,462,708 "
PERCENT
11 1� mall,
32.39%
28.27%
32.28%
27.54%
29.20%
83.87%
32.46%
33.20%
32.58%
37.47%
13.78%
32.61%
32.07%
31.52%
31.43%
31.27%
OT Cit0YW - out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Earl Farris
Project Administrator
SUBJECT: Acceptance of Sanitary Sewer Infrastructure
Cornerstone Ace Hardware
DATE: November 15, 2013
BACKGROUND:
The subject residential development is located on the southwest corner of E 1 16th St North and N
1291h E Avenue. Public infrastructure includes 160 linear feet of 8" PVC sanitary sewer line and all
appurtenances.
FINAL INSPECTIONS:
Final inspections for all infrastructure components were completed in August of 2013 by the
Public Works Department and meet all standards for acceptance. The construction contractor
and design engineer have supplied the necessary two -year maintenance bond and required
as -built drawing.
RECOMMENDATION:
Staff recommends acceptance of Cornerstone Ace Hardware sanitary sewer infrastructure
improvements.
ATTACHMENTS
A. Location Map
B. City Attorney bond approval letter & copy of bonds
C. DEQ permit letter for sanitary sewer
D. Washington County District 3 Water acceptance letter.
ACE
HARDWARE
• :�I•
CITY OF OWASSO
P.O. 180
Owasso, OK 74055
918.272.4959
www.cityofowasso.com
ITARY
►ER
ENSION
E 116th St N
Z
ACE HARDWARE
SANITARY SEWER
EXTENSION
LOCATION MAP
�o
!k,4�u'
1
4
e /a/+a
Farris, Earl
From:
Lombardi, Julie
Sent:
Monday, August 05, 2013 1:52 PM
To:
Farris, Earl
Cc:
Eaton, Steven
Subject:
RE: Message from "RNP00267332COCF"
Earl,
I have reviewed the Ace Hardware Store sanitary sewer improvements bond at your request. The
attorney -in -fart signature is authorized, the surety is licensed to do business in Oklahoma
and the amount of the bond is well within the surety's $96,302,000, underwriting limitation
and the individual attorney -in- fact's $7,5000,000. authority. Therefore, the bond is
approved.
Julie Lombardi
- - - -- Original Message---- -
From: Farris, Earl
Sent: Friday, July 26, 2013 10:56 AM
To: Lombardi, Julie
Cc: Eaton, Steven
Subject: FW: Message from "RNP00267332COCF"
Julie, could you please review the attached bonds for sewer infrastructure at Ace Hardware
and give any comments. Thank you.
Earl Farris
- - - -- Original Message---- -
From: publicworksoacitvofowasso.com ( mailto :publicworks(dcityofowasso.coml
Sent: Friday, July 26, 2013 9:53 AM
To: Farris, Earl
Subject: Message from "RNP00267332COCF"
This E -mail was sent from "RNP00267332C0CF" (09155).
Scan Date: 07.26.2013 10:52:48 ( -0400)
Queries to: publicworks(@cityofowasso.com
i
MaWenance Bond
Bond No: S416388
KNOW ALL MEN BY THESE PRESENTS, That we Cross -Bo Construction, LLC. as
Principal (Developer and Contractor), and Employers Mutual Casualty Company. as
Surety, are held and firmly bound unto the City of Owasso, Oklahoma, as Obligee, in the
penal sum of Twenty Seven Thousand Eight Hundred fifty five ($27,855) 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 Sanitary Sewer Improvements for Cornerstone
ACE Hardware Store, 12800 East 116'' St. N., 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: July 24, 2013
CROSS -BO CONSTRUCTION, LLC, Principal
BY:
EMPLOYERS MUTUAL CASUALTY COMPANY, Surety
L
BY:. Q ��� Attorney -in -Fact
Deborah L. Raper
AVEMICInsurance Companies No. A18112
P.O. Box 712 • Des Moines, IA 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 Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
7. Hamilton Mutual Insurance Company, an Iowa Corporation
hereinafter referred to severalty as "Company" and collectively as "Companies , each does, by these presents, make, constitute and appoint:
VAUGHN GRAHAM, JR, KYLE BRADFORD, MICHAEL E. COLE, VAUGHN P. GRAHAM, STEPHEN M. POLEMAN, JAMES R. RICHARDSON, JAMIE M
BURRIS, JOHN K. DEER, TRAVIS E. BROWN, MARK D, NOWELL, DEBORAH L. RAPER, CHRISTOPHER WEBB, ROBBIE LOYD, KENT BRADFORD
Its true and lawful ahorney4n -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 Seven Million Five Hundred Thousand Dollars._ ............... .................. ................................ - ...... - ......... ........ .......... ..$7,500,000.00
and to bind each Company thereby as fully and to the same extent as N such instruments were 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 1,201 5 unless sooner revoked.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of- Attorney i's 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 he' Id in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power
and authority to (1) appoint aftorneys -in -fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and
undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attomey -in -fact at any time and revoke
the power and authority given to him or her. Atlorneys-in -tad shall have power and authority, subject to the terms and limitations of the power- ofallorney issued to them,
to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, reoognizznces, contracts of indemnity and
other writings obligatory in (tie nature thereof, and any such Instrument executed by any such attorney -in4ad shall be fully and in all respects binding upon the Company.
Certification as to the validity of any power -of- attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects
binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power- ofattorney of the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THEREOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to be hereto affixed this
2nd day of FEBRUARY 2012
Seals
a, "���,, Bruce G. Kelley, Chairman Michael Freei
of Companies 2, 3, 4, 5 & 6; President Assistant Vice President/
=a'SEALFSF'i5 °1863 °;o - ° ?;1953tl= of Company l; Vice Chairman and Assistant Secretary
- wwn ; CEO of Company 7
this
Mae
who, being by me duly sworn, did say that they are, and are known to me to be the Chairman,
President, Vice Chairman and CEO, and /or Assistant Vice PresidenUAssistant 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 sealed on behalf clench of the
Companies by authority of their respective Boards of Directors; and that the 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 13,20%
CERTIFICATE
Notary Public in and for the State of Iowa
I. 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 Power of Attorney issued pursuant thereto on FEBRUARY 2, 2012 on behalf of.,
VAUGHN GRAHAM. JR, KYLE BRADFORD, MICHAEL E. COLE, VAUGHN P. GRAHAM, STEPHEN M. POLEMAN, JAMES R. RICHARDSON, JAMIE M BURRIS, JOHN K,
DEER, TRAVIS E. BROWN, MARK D. NOWELL, DEBORAH L. RAPER, CHRISTOPHER WEBB. ROBBIE LOYD, KENT BRADFORD
are true and correct and are still in full force and effed.
In Testimony Wh to I havo subscrilbg�ny name and affixed the facsimie s al of
each CompanyihisdayofyJ . lt,-i I3
1
Vice President
i;HSUflA!!C'E•'••
p•.
''WSV Ay.•• o oT�X'111
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PflTI PPY °,` '. SM1A.WF."�Y� -•`'
M Tu4 I
UTUq�P
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°'' `•.
IAUHEL A, BLOSS
Cora mission Number 183662
y0 ° /Ar,/eHpm�@
•�
My Comm. Eip,MA 3J 4
this
Mae
who, being by me duly sworn, did say that they are, and are known to me to be the Chairman,
President, Vice Chairman and CEO, and /or Assistant Vice PresidenUAssistant 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 sealed on behalf clench of the
Companies by authority of their respective Boards of Directors; and that the 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 13,20%
CERTIFICATE
Notary Public in and for the State of Iowa
I. 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 Power of Attorney issued pursuant thereto on FEBRUARY 2, 2012 on behalf of.,
VAUGHN GRAHAM. JR, KYLE BRADFORD, MICHAEL E. COLE, VAUGHN P. GRAHAM, STEPHEN M. POLEMAN, JAMES R. RICHARDSON, JAMIE M BURRIS, JOHN K,
DEER, TRAVIS E. BROWN, MARK D. NOWELL, DEBORAH L. RAPER, CHRISTOPHER WEBB. ROBBIE LOYD, KENT BRADFORD
are true and correct and are still in full force and effed.
In Testimony Wh to I havo subscrilbg�ny name and affixed the facsimie s al of
each CompanyihisdayofyJ . lt,-i I3
1
Vice President
'RaM0,14.0,
0 K t A H 0 M A
OfFAMAM Of MIROWUNTAL Own
Executive Diredor
STEVEN A. ON OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY
redor
April 23, 2013
Mr. Roger Stevens, Director of Public Works
City of Owasso
301 West 2nd Avenue
Owasso, Oklahoma 74055
Re: Permit No. SL000072130340
Cornerstone Hardware Store Sanitary Sewer Line Extension
Facility No, S -21310
Dear Mr. Stevens:
MARY FAL11N
Governor
Enclosed is Permit No. SL000072130340 for the construction of 160 linear feet of eight (8) inch PVC
sanitary sewer line and all appurtenances to serve the City of Owasso, Tulsa County, Oklahoma.
The project authorized by this permit should be constructed in accordance with the plans approved by this
Department on April 23, 2013. Any deviations from the approved plans and specifications affecting
capacity, flow or operation of units must be approved, in writing, by the Department before changes are
made.
Receipt of this permit should be noted in the minutes of the next regular meeting of the City of Owasso,
after which it should be made a matter of permanent record.
We are returning one (1) set of the approved plans to you, one (1) set to your engineer and retaining one
(1) set for our files.
Respectfully,
Q Asaya41it� , .
E.
Construction Permit Section
Water Quality Division
QRK/RC1bg
Enclosure
c: Rick Austin, Regional Manager, DEQ
Joe P. Kelley, P.E., Wallace Engineering
707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA (ITY, OKLAHOMA 73101 -1677
OnM -=YdM paper Ithaoy Ink
00 as
fa
- EAM-2
O K L A H O M A
OUAROAENI Of MROWANiAA QJAAIii
STEVEN A. Tector N OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY MARY voinor
Executive Director Governor
PERMIT No. SL000072130340
SEWER LINES
FACILITY No. S -21310
PERMIT TO CONSTRUCT
April 23, 2013
Pursuant to O.S. 27A 2 -6 -304, the City of Owasso is hereby granted this Tier I Permit to construct 160
linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the City of Owasso,
located in Section 8, T -21 -N, R -14 -E, Tulsa County, Oklahoma, In accordance with the plans approved
April 23, 2013.
By acceptance of this permit, the permittee. agrees to operate and maintain the facilities in accordance
with the "Oklahoma Pollutant Discharge Elimination System Standards - OPDES" (OAC 252:606) rules
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)
2)
3)
4)
5)
6}
7)
That the recipient of the permit is responsible that the project receives supervision and inspection
by competent and qualified personnel
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.
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.
That wherever water and sewer lines are constructed with spacing of 10 feet or less, sanitary
protection will be provided in accordance with OAC 252:656- 5- 4(c)(3) of the standards for Water
Pollution Control Facility Construction.
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.
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.
That the permittee will take steps to assure that the connection of house services to the sewers is
done in such a manner that the functioning of the sewers will not be impaired and that earth and
ground water will be excluded from the sewers when the connection is completed.
707 NORTIt ROBINSON, P.O. BOA 1677, OKIAHOIAA01Y,OKU,HOh1A73101 -1677
panted an rooycbd papw with soy Ink
�k� O9
Ew�v
0 K t A H 0 M A
STEVEN A. THOMPSON oMIAENi or EHmRONMENTALeuHiY
Executive Director OKLAHOMA DEPARTMENT OF ENVIRONMENTAL QUALITY
WRY FAILIN
Governor
PERMIT No.SL000072130340
SEWER LINES
FACILITY No. 8-21310
PERMIT TO CONSTRUCT
8) That any deviations from approved plans or specifications affecting capacity, flow or operation of
units must be approved by the Department before any such deviations are made in the
construction of this project.
9) That the recipient of the permit is responsible for the continued operation and maintenance of
these facilities in accordance with rules and regulations adopted by the Environmental Quality
Board, and that this Department will be notified in writing of any sale or transfer of ownership of
these facilities.
10) The issuance of this permit does not relieve the responsible parties of any obligations or liabilities
which the permittee may be under pursuant to prior enforcement action taken by the Department.
11) That the permittee is required to inform the developer /builder that a DEQ Storm Water
Construction Permit is required for a construction site that will disturb one (1) acre or more in
accordance with OPDES, 27A O.S. 2 -6 -201 et. seq. For information or a copy of the GENERAL
PERMIT (GP -005) FOR STORM WATER DISCHARGES FROM CONSTRUCTION ACTIVITIES,
Notice of Intent (NO]) form, Notice of Termination (NOT) form, or guidance on preparation of a
Pollution Prevention Plan, contact the Storm Water Unit of the Water Quality Division at P.O. Box
1677, Oklahoma City, OK 73101 -1677 or by phone at (405) 702 -8100.
12) That all manholes shalt be constructed in accordance with the standards for Water Pollution
Control Facility Construction (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of
Environmental Quality.
13) That when it is, impossible to obtain proper horizontal and vertical separation as stipulated in
Water Pollution Control Facility Construction OAC 252:656- 5.4(c)(1) and OAC 252:656- 5- 4(c)(2),
respectively, the sewer shall be designed and constructed equal to water pipe, and shall be
pressure tested using the ASTM air test procedure with no detectable leakage prior to backfiiling,
In accordance with the standards for Water Pollution Control Facility Construction OAC 252:656 -
5-4(c)(3).
Failure to appeal the conditions of this permit in writing within 30 days from the date of issue will
constitute acceptance of the permit and all conditions and provisions.
Quality Division
707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA (ffY, OKLAHOMA 13101 -1677
P'Wed" rOgCW Pep. with s yk1k
ca ee
FORM
Rural Water
Washington County, Oklahoma
17227 Na 129a E. Ave., P,0. Box 70, Collinsville, OK 74021 -0070
Fah. (918) 371 -2055 v FaX (918) 371 -3854 b T€2S 711
September 30, 2043
To Whom it May Concern:
The requirements by Rural Water District #>t3 Washington County, have been fulfilled
and water lines have been accepted for Cornerstone Hardware, Lot 1, Block 1, a
subdivision of land located in Section 8, T- 2.1 -N, R -14 -E, Tulsa County, Oklahoma,
according to the recorded Small Plat No. 6468.
Sincerely,
r
Jerry Gammilt
District 14Mriager
in acc-rdarce with Federal lavr and U.S. of ace, ea6r,
national wg?n, ap, dlsaUlty, ml(gfon, sei,' a"o Pamltiz? mrm (Not all prohMW ba? apply to a9 programs),
i n flit a canryitaini d discrinfttion, write U5O.1r CA Mar, once or awl Right,, 1400 fidepmdenCe Avena, 5.W., \�i3EiFi$FF ^. o.c, an25h -aAt6
or rat! (1700) 79.4-37.72 (wtce) or (202) 720-5382 (TDD)-
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Sherry Bishop
Assistant City Manager, Administrative Services
SUBJECT: Capital Improvement Agreement - Vision 2025 Funds
DATE: November 15, 2013
BACKGROUND:
In 2004, the Owasso City Council approved Capital Improvements Agreement contracts with
the Tulsa County Industrial Authority and the Board of County Commissioners of Tulsa County for
the disbursement and utilization of Vision 2025 funds. (Memo dated March 12, 2004 is attached.)
One such agreement was for the Owasso Water System Improvements - Medical Complex
Project for $4,500,000.
Under the terms of the Capital Improvements Agreement dated April 30, 2004, 95% of the
project funding was the maximum amount available to be drawn for the project. The remaining
5% was set aside and retained by the Tulsa County Industrial Authority.
That 5% set aside, $225,000, is now available for disbursement for costs of the Water System
Improvements project. The Capital Improvements Agreement (as amended February 5, 2008)
expired on March 1, 2008. In order for those funds to be released, a new Capital Improvements
Agreement is needed.
The project involved the extension of a water line from a master meter and an elevated 2.0
million gallon water tank. The project was funded by a combination of the Vision 2025 money
and a DWSRF loan with the OWRB.
The Series 2006 DWSRF Promissory Note to the OWRB is the note currently proposed to be
refinanced. Release of the final $225,000 of Vision 2025 funding is planned to be utilized in the
refinancing of the 2006 Note.
Approval of the attached Capital Improvements Agreement (dated November 2013) between
the Board of County Commissioners of Tulsa County and the City of Owasso would provide for
the release of the final $225,000 of Vision 2025 funding for the Owasso Water System
Improvements project.
RECOMMENDATION:
Staff recommends approval of the Capital Improvements Agreement with the Board of County
Commissioners of Tulsa County.
ATTACHMENTS:
Capital Improvements Agreement (dated November 2013)
Capital Improvements Agreements - Vision 2025 Projects, memo dated March 12, 2004
OWASSO WATER SYSTEM IMPROVEMENTS -
MEDICAL COMPLEX PROJECT
CAPITAL IMPROVEMENTS
AGREEMENT
by
I
between
BOARD OF COUNTY COMMISSIONERS OF
TULSA COUNTY, OKLAHOMA
=
CITY OF OWASSO, a Municipal Corporation
Dated November , 2013
TABLE OF CONTENTS
1. DEFINITIONS ........................................................................................ ..............................1
LL "Advance'....
..........................
2
1.2.
"Application and Certificate for Payment" .......................................
............................... 2
1.3.
"Approved Budget" ...........................................................................
............................... 2
1.4.
"Architect" ........................................................................................
....... ........................ 2
I.S.
" Architect /Engineer Agreement" .............. ........... .... .......... . .......
..-. ............. ........... ........ .2
1.6.
" Authority" .........................................................................................
..............................2
1.7.
"Authorization and Certificate of Program Manager" ......................
............................... 2
1.8.
"Authorization and Certificate of Project Manager" .........................
............................... 2
1.9.
"Bidding Documents" .......................................................................
............................... 2
1.10.
" Builder's Risk Insurance" ............................................................
............................... 3
1.11.
"Certificate of Completion",_... .......... - .......................................................
_ ........... - 3
1.12.
"Change Orders" ............................................................................
............................... 3
1.13.
"Construction Advance" ................................................................
............................... 3
1.14.
"Construction Advance Request" ...................... .... ........................................
............... 3
1.15.
"Construction Contracts".. .... .................. _ ..............
3
1.16.
"Construction Schedule" ...............................................................
............................... 3
1.17.
"Contracting Party"...... ............. _ ........ ...... .......................
......... ...... 3
1.18.
" Contractors" .................................................................... ...............................
.......... 3
1.19.
"Cost of Construction" ..................................................................
............................... 3
1.20.
" County„ ... ...............................
1.21.
" Depository ............................... ............................... ................
............................... ......3
1.22.
" Engineer" .....................................................................................
............................... 4
1.23.
"Governmental Approvals" ............................................................
..............................4
1.24.
"Governmental Authority .. ..... ....... .. ....... ......... ...... ............. .................
......... ... ... .......... 4
1.25.
"Government Requirements" ........................................................
............................... 4
1.26.
"Improvements". .......... ........ .....................................
............................ 4
1.27.
"Land".... ..........
4
1.28.
"Maximum Amount of Advances" ................................................
............................... 4
1.29.
"Non- Construction Advance Request' . ..........................................
............................... 4
1,30.
"Non- Construction Advance" ..................... .... :..:.......................
. ..............................4
1.31.
"Opinion of Contracting Party's Counsel"..... .................. ............
..................... 4
1.32.
"Payment and Performance Bonds" ..............................................
............................... 5
1.33.
" Plans" ............................................................................................
.......................... ....5
1.34.
"Previous Capital Improvements Agreement" ..............................
............................... 5
1.35.
"Program Manager",, ....... ..... __ ...........................................
........................ .......... 5
1.36.
" Project .........................................................................................
..............................5
1.37.
"Project Manager".. ................. __ .......... ....... .............. ....
___ ... ....... ........ .... .... 5
1.38.
"Project Manager Agreement" ............... ......... .... .... ...........
........ .. .. .............. ................ 5
1.39.
"Sales Tax"....................................................................................
............................... 5
1.40.
"Termination Event" .......................................................................
.............................. 6
1.40.1. Breach of Covenants. .................. ..................... - .........
....... ............................... 6
1.40.2. Representations and Warranties........ .............................
........... .................... 6
1.40.3. Insolvency .......................................................•......................
............................... 6
1.40.4. Previous Capital Improvements Agreements .........................
............................... 6
i
2. OBLIGATION OF BOARD TO MAKE ADVANCES
6
...................... ...............................
3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE
INITIALADVANCE ............................................................................. ...............................
6
4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE
............................................................... .............................13
CONSTRUCTION ADVANCES ..........................................................
7
...............................
5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON -
ACT.........................................................................................................
CONSTRUCTION ADVANCES .......................................................... ...............................
8
6. DISBURSEMENT PROCEDURE .......................................................
9
...............................
6.1. Request for Construction Advance ................................................... ...............................
9
6.2. Request for Non-Construction Advance. . . ..... .................... ............ - ...... —
9
6.3. Board's Inspection.. ..... ....................... - ............. -- ............ -- ......... - ................ -- ... .....
10
6.4. Disbursements---... ........ ................................ ........................ ................................. A0
6.5. Maximum Amount of Advances ..................................................... ...............................
10
6.6. Date after which Advances Cease... ............................. ..................
10
6.7. Advances Solely from Sales Tax ...................................................... .............................10
6.8. Advances Subject to Annual Appropriation .................................... ...............................
10
6.9. Subordination of Obligation to Make Advances ............................. ...............................
10
6.10. Amount of Disbursements Required ........................................... ...............................
11
6.11. Construction Retainage ................................................................ ...............................
11
7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY . ...........
11
7.1. Existence and Qualification . ...... ............................ .... ... ......... ..................... ............. ......
11
7.2. Authority, Approval and Enforceability .......................................... ...............................
I 1
7.3. No Violations .............................................. ...............................
7.4. Disclosure .................................................... ...............................
7.5. Continuing Nature of Representations. ... __ ................. __ ..........
8. REPRESENTATIONS AND WARRANTIES OF BOARD.......
8.1, Authority; Approval and Enforceability ...... ...............................
8.2. Disclosure .................................................... ...............................
9. REMEDIES ...................... ...............................
9.1. Termination of Advances ...........................
9.2. Waiver of Termination Event, ...................
9.3. Cumulative Remedies.... ...... .......... .........
10. COMPLETION OF THE PROJECT..........,
11. INSURANCE ................... ...............................
12. CHANGE ORDERS ....... ...............................
13.
14.
16.
17.
............12
............ 12
............ 12
.............................12
.... .............................12
.. ............................... 12
.... .............................12
.. ............................... 12
...................................... ............................... 12
...................................... ............................... 13
....... 13
.......13
.......13
AUDIT...
................................. ................................................................................... .........
13
COPIES OF FILED LIENS....
............................................................... .............................13
15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING
ACT.........................................................................................................
.............................13
CONSTRUCTION CONTRACTS .................................................. ..................................
13
VISION2025 SIGNAGE
....................................................................... .............................13
18. GENERAL CONDITIONS ................................................................... .............................14
18.1. Nonwaiver ..................................................................................... .............................14
18.1 The Board's Satisfaction. . ............ ...................... - ...... . ................... ............ ............ 14
18.3. Establishment of Fsets ................................................................. ............................... 14
18.4. Relationship of Parties ................................................................. ............................... 14
18.5.
Conditions for Exclusive Benefit of the Board. . .. .................. _ ........ _ ..................... 14
18.6.
Notices ...........................................................................................
.............................14
18.7.
Amendment; Waiver ......................................................................
.............................15
18.8.
Rights and Remedies .....................................................................
.............................15
18.4.
Governing Law.. .......................................... ...... __
...... ........ __ ........................ 15
18.10.
Third Party Beneficiary ................... ...............................
............. ............................... 5
18.11.
Prohibition Against Assignment. ............ _ ..............................
___ ....... __ ................. 15
18.12.
Entire Agreement .........................................................................
............................... 15
18.13.
Captions and Paragraph Headings .................................................
.............................16
18.14.
Time of Essence .............................................................................
.............................16
18.I5.
Binding Effect ..............................................................................
............................... 16
18.16.
Severability .................... ...............................
18.17,
invalidity of Provisions......... .......... _ ............ ..................................
............... .. -----..16
LIST OF EXMBITS
Exhibit "A" Description of Project
Exhibit `B" Description of Land
Exhibit "C" Authorization and Certificate of Program Manager
Exhibit "D" Authorization and Certificate of Project Manager
Exhibit "E" Construction Advance Request
Exhibit "F" Non - Construction Advance Request
iii
CAPITAL IMPROVEMENTS AGREEMENT
This CAPITAL IMPROVEMENTS AGREEMENT (the "Agreement ") made and entered
into this _ day of November, 2013, by and among the BOARD OF COUNTY
COMMISSIONERS OF TULSA COUNTY, OKLAHOMA (the "Board ") and the CITY OF
OWASSO, OKLAHOMA, a municipal corporation (the "Contracting Party").
RECITALS
A. The Authority was created pursuant to a Trust Indenture dated March 1, 1965, as a
public trust for the use and benefit of the County of Tulsa, Oklahoma, under authority of and
pursuant to the provisions of Title 60 O.S. 2001, §176 - 180.3, inclusive, as amended and
supplemented and other applicable statutes of the State of Oklahoma.
B. On July 7, 2003, the Board adopted a Resolution (the "Resolution ") calling for a
special election to levy and collect a sales tax to provide revenue for the purpose of capital
improvements for community enrichment within Tulsa County, Oklahoma, including
$4,500,000.00 (the "Contracting Party Amount ") to be provided to fund the construction of
capital improvements described within Exhibit "A" attached hereto (the "Improvements ") on real
property described within Exhibit "B" attached hereto (the "Land "). (The Improvements and the
Land being hereinafter collectively referred to as the "Project ").
C. On September 9, 2003, the duly qualified electors of Tulsa County, Oklahoma, did
approve the levy and collection of such sales tax for the purposes set forth above.
D. The Contracting Party has requested the Board to make, pursuant to the Resolution,
disbursements of Sales Tax to the Contracting Party for the costs of the acquisition, construction,
equipping and furnishing of the Project (the "Advances "). The Advances are in addition to
advances to the Contracting Party made or to be made pursuant to a previous Capital
Improvements Agreement regarding the Project (the "Previous Capital Improvements
Agreement") dated April 30, 2004, by and among the Tulsa County Industrial Authority (the
"Authority"), the Board and the Contracting Party, as amended by certain Amendment to Capital
Improvements Agreements dated February 5, 2008, by and among the Authority, the Board and
the Contracting Party.
In consideration of the foregoing and of the mutual covenants, conditions, and promises
set forth herein and other good and valuable considerations, the receipt, sufficiency and validity
of which are hereby acknowledged, the parties hereto agree to the following terms and
conditions.
AGREEMENT
1. DEFINITIONS. The following terms for all purposes of this Agreement have the
following meanings. Unless the context otherwise indicates, words importing the singular shall
include the plural and vice versa and the use of the neuter, masculine or feminine gender is for
convenience only and shall be deemed to mean and include the neuter, masculine and feminine
gender.
1.1. "Advance" shall mean any of the Advances as deemed within paragraph D of the
Recitals hereof, and shall be Construction Advances or Non - Construction Advances.
1.2. "Application and Certificate for Payment" means an application for payment in
the form of American Institute of Architects Document G702, Application and Certificate for
Payment, and American Institute of Architects Document G703, Continuation Sheets, showing
by trade the cost of work on the Project and the cost of materials incorporated into the
Improvements or stored on the Land, all to be stated in the Application and Certificate for
Payment, which Application and Certificate for Payment shall be signed by the Contracting
Party, the appropriate Contractor under the Construction Contracts and the Architect, Engineer or
Project Manager and shall show the percentage of completion of each construction line item on
the Approved Budget.
13. "Approved Budget" means a budget or cost schedule prepared by the Contracting
Party in form and content satisfactory to the Board and specifying: (i) that portion, if any, of tho
cost of the Project to be paid by the Contracting Party with funds other than proceeds of the
Bonds, and (ii) the cost by item of all Costs of Construction in accordance with the Plans and all
Government Requirements and estimating the dates on which the Contracting Party contemplates
requiring Advances from the Board hereunder, as amended from time to time by the Contracting
Parry with the consent of the Board.
1.4. "Architect' means the architect(s) who execute the Architect/Engineer
Agreement.
1.5. "Architect/Engineer Agreement" means the agreement between the Contracting
Party and the Architect or Engineer regarding the Improvements.
1.6. "Authority" means Tulsa County Industrial Authority, an Oklahoma public trust.
1.7. "Authorization and Certificate of Program Manager" means the Authorization and
Certificate of Program Manager signed by the Program Manager in the form and content set
forth on Exhibit "C" hereto.
I.S. "Authorization and Certificate of Project Manager" means the Authorization and
Certificate of Project Manager signed by the Architect, Engineer or Project Manager, as
determined by the Board, in the form and content set forth on Exhibit "D" hereto.
1.4. `Bidding Documents" means the bid notices, instruction to bidders, plans and
specifications, bidding forms, bidding instructions, general conditions, special conditions and all
other written instruments prepared by or on behalf of the Contracting Party for use for
prospective bidders on public construction contracts regarding the Improvements.
Q: \TCIA\CiryoDo soMedComplp REIKOURSEM ENT -I.dm
1.10. `Builder's Risk Insurance" means extended coverage insurance against loss or
damage by fire, lightning, wind storm, hail, explosion, riot, vandalism, malicious mischief, riot
attending a strike, civil commotion, aircraft, vehicles, smoke and other risks from time to time
included under "extended coverage" policies, in an amount equal to 100% of the full
replacement value of the Improvements.
1.11. "Certificate of Completion" means a certificate satisfactory to the Board signed
by the Contracting Party and the Architect, Engineer or the Project Manager (as determined by
the Board) certifying that the construction, equipping and furnishing of the Improvements have
been completed in accordance with the Plans and setting forth the date of such completion.
1.12. "Change Orders" mean changes or modifications to any Construction Contractor
any other contract with labor or material suppliers.
1.13. "Construction Advance" means any Advance for Costs of Construction which are
properly payable to appropriate Contractors pursuant to the Construction Contracts.
1.14. "Construction Advance Request" means a written request from the Contracting
Parry to the Board specifying the requested Construction Advance amount and the disbursement
date and making certifications to the Board, all as more specifically set forth in the Construction
Advance Request form, a copy of which is attached hereto as Exhibit "E."
1.15. "Construction Contracts" means the agreements between the Contracting Party
and the Contractors providing for the construction, equipping and furnishing of the Project.
1.16. "Construction Schedule" means a schedule of the construction, equipping and
famishing of the Improvements from the commencement date of construction, in form and
content satisfactory to the Board, as amended from time to time by the Contracting Party vtnth
consent of the Board.
1.17. "Contracting Party" means the City of Owasso, Oklahoma, a municipal
corporation.
1.18. "Contractors" means the contractors who execute Construction Contracts.
1.19. "Cost of Construction" means all costs of designing, acquiring, constructing,
equipping and furnishing the Project, including, but not limited to, the cost of land or any interest
in land, obligations incurred for labor and materials and to architects, project managers,
contractors, builders and materialmen; the restoration or relocation of property damaged or
destroyed in connection with the construction; and the cost of machinery, equipment or supplies
purchased by the Contracting Party for inclusion as part of the Project.
1.20. "C_ ounty" means Tulsa County, Oklahoma.
1.21. "Depository" means BOKF, NA dba Bank of Oklahoma, Tulsa, Oklahoma, a
national banking association, organized and existing under the laws of the United States of
Q'.1TCWCiryofOw sobfedComplexREWIBtMSEMENT -I.dm
America, and its successors and any corporation resulting from or surviving any consolidation or
merger to which it or its successors may be a party.
1.22. "Engineer" means the engineers) who execute the Architect/Engineer
Agreement.
1.23. "Governmental Approvals" means authorizations required by Governmental
Authorities for the construction and operation of the Improvements contemplated by the Plans,
including, without limitation, a copy of the building permit and zoning clearance issued by the
city which has jurisdiction over the contemplated project.
1.24. "Governmental Authority" means the United States, the state, the County, the city
or any other political subdivision in which the Land is located, and any other political
subdivision, agency or instrumentality exercising jurisdiction over the Contracting Party or all or
any portion of the Land.
1.25. "Government Requirements" means all laws, orders, decrees, ordinances, rules
and regulations of any Governmental Authority.
hereto.
1.26. "Improvements" means the Improvements described within Exhibit "A" attached
1.27. "Land" means the real property described within Exhibit °B" attached hereto.
1.28. "Maximum Amount of Advances' means $225,000.00.
1.29. "Non- Construction Advance Request" means a written request from the
Contracting Party to the Board specifying the requested Non - Construction Advance amount and
the disbursement date and making certain certifications to the Board, all as more specifically set
forth in the Non - Construction Advance Request form, a copy of which is attached hereto as
Exhibit "F."
1.30. "Non- Construction Advance" means any Advance for the payment of Costs of
Construction other than the costs and fees which are properly payable to the appropriate
Contractors pursuant to the Construction Contracts.
1.31. "Opinion of Contracting Party's Counsel" means an opinion from the Contracting
Party's counsel addressed to the Board, which opinion shall be in form and content satisfactory
to the Board and shall include, but not be limited to, the following (i) the Contracting Party has
The authority and capacity to enter into this Agreement; (ii) this Agreement is a legal, valid and
binding obligation against the Contracting Party, fully enforceable in accordance with its terms
under applicable laws, except as the enforceability thereof may be limited by applicable
bankruptcy, insolvency or other similar laws affecting the enforcement of creditors' rights
generally and by general principles of equity; (iii) the Costs of Construction may be lawfully
funded with the proceeds of the Bonds and with the proceeds of the Sales Tax; (iv) there are, to
the Contracting Party's counsel's knowledge, no actions or proceedings pending or threatened in
Q:tTCIAlCityotOw soMedCompl"REUABURSEMENT -l.dm
any court or governmental department or agency which would affect the validity of this
Agreement or any of the instruments, documents or agreements delivered by the Contracting
Party under the terms of this Agreement; (v) the Contracting Party has obtained all necessary
federal, state and local governmental approvals, licenses and permits necessary to comply with
any and all Governmental Requirements relating to the Land, the construction of the
Improvements thereon and the occupancy thereof; (vi) such delivery and compliance by the
Contracting Party with the terms of this Agreement do not, to the Contracting Parry's counsel's
best knowledge, conflict with or violate any agreement to which the Contracting Party is a party
or is bound; and (vii) the Contracting Party is a duly organized and validly existing municipal
corporation under the laws of the State of Oklahoma.
1.32. "Payment and Performance Bonds" means separate performance and labor and
material payment bonds with respect to the Construction Contracts in the full amount of
Construction Contracts.
133. "Plans" means all detailed plans, specifications and supporting documents for the
construction of the Improvements prepared by the Architect or Engineer, as amended from time
to time by the Contracting Party with consent of the Board.
1.34. "Previous Capital Improvements Agreement" means the Capital Improvements
Agreement regarding the Project, dated April 30, 2004, by and among the Authority, the Board
and the Contracting Party, as amended by certain Amendment to Capital Improvements
Agreements dated February 5, 2008, by and among the Authority, the Board and the Contracting
Party.
1.35. "Program Manager" means Program Management Group, L_L.C.
1.36. " Proiect" means the improvements and the Land.
1.37. "Project Manager" means the project manager or construction manager who
executes the Project Manager Agreement.
1.38. "Project Manager Agreement" means the agreement between the Contracting
Pant' and the Project Manager regarding the Improvements.
1.39. "Sales Tax" shall mean that certain sales tax levied and collected by the County
as set forth in the propositions approved by the registered, qualified voters of the County at an
election held for that purpose on September 9, 2003, which propositions provide for the County
of Tulsa, Oklahoma, by its Board of County Commissioners, to levy and collect a sixty (60)
percent of one (1) percent (.60 %) sales tax for the purpose of providing funds to Tulsa County,
Oklahoma, to improve the general economic conditions of the people of the County (i) by
funding capital improvements for American Airlines which will promote economic development
for and provide additional jobs and payroll within the County; (ii) by funding educational, health
care and events facilities which will promote economic development for and provide additional
jobs and payroll within the County; and (iii) by constructing capital improvements for
community enrichment within the County; and/or to be applied or pledged toward the payment
Q:1 rCIA %CiryofDAWSOMcdCompicxREMURSr, E"-i Am
of principal and interest on any indebtedness, including refunding indebtedness, incurred by or
on behalf of Tulsa County for such purpose, commencing January 1, 2004, and continuing
thereafter for a period of thirteen (13) years.
1.40. "Termination Event" shall mean the occurrence of any of the following:
1.40.1. Breach of Covenants. Failure by the Contracting Parry in the punctual
performance or observation of any covenant or agreement on its part in this Agreement, and
such default shall have continued for a period of thirty (30) days after written notice thereof,
specifying such default and requiring the same to be remedied, shall have been given to the
Contracting Party by the Board.
1.40.2. Representations and Warranties. Any representation, statement, certificate,
schedule or report made or furnished to the Board by the Contracting Parry proves to be false
or materially misleading at the time of the making thereof; or any warranty ceases to be
complied with in any material respect, and Contracting Party fails to take or cause to be taken
corrective measures satisfactory to the Board within thirty (30) business days after receipt of
written notice from the Board relating to the particular Termination Event.
1.40.3. Insolvency-The Contracting Party shall (i) apply for or consent to the
appointment of a receiver, trustee or a liquidator of the Contracting Party or its properties; (ii)
admit in writing the inability to pay its debts as they mature; (iii) make a general assignment
for the benefit of creditors; (iv) commence any proceeding relating to the bankruptcy,
reorganization, liquidation, receivership, conservatorship, insolvency, readjustment of debt,
dissolution or liquidation of the Contracting Party; or (v) becomes insolvent.
1.40.4. Previous Capital Improvements Agreements. The existence of a
Termination Event under the Previous Capital Improvements Agreement.
2. OBLIGATION OF BOARD TO MAKE ADVANCES, The Board shall cause its
Depository to make Advances for the use and benefit of the Contracting Parry for a portion of the
costs of the acquisition, construction, equipping and furnishing of the Improvements described
within Exhibit "A" hereto, subject to and in accordance with the terms and provisions of this
Agreement; provided, however, the total amount of Advances shall not exceed the Maximum
Amount of Advances. In the event the Contracting Party expends funds other than Advances
hereunder in the acquisition, construction, equipping and furnishing of the Project, such
expenditures shall not reduce the Contracting Parry Amount or the aggregate amount of
Advances available to the Contracting Party hereunder.
3. CONDITIONS PRECEDENT TO THE BOARD'S OBLIGATION TO MAKE THE
INITIAL ADVANCE. It is expressly agreed that the Board shall not be obligated to make the
initial Advance hereunder until the following conditions have been satisfied, unless waived by
the Board at its sole discretion. In the event the Board elects to waive any requirements or
conditions contemplated herein with regard to the initial Advance, such waiver shall not preclude
Q:1TCfAlCiryo[Ow SoMedComplWtEndBURSEMENT -1.dK
the Board from thereafter requiring full and complete performance of all terms, conditions and
requirements with regard to any subsequent Advance.
3.1. The Board has received the following documents:
3.1.1. Approved Budget;
3.1.2. Written detailed description of the Project;
3.1.3. Construction Schedule;
3.1.4. Opinion of Contracting Party's Counsel;
3.1.5. Copy of Project Manager Agreement, if any;
3.1.6. Copies of all other then- existing agreements executed by the Contracting
Party in connection with the acquisition, construction, equipping and furnishing of the
Project; and
3.1.7. Such other documents, certificates and instruments in connection with the
Project, in form and substance satisfactory to the Board or its Program Manager as the
Board or its Program Manager may reasonably request.
3.2. The representations and warranties set forth within Section 7 hereof shall be true
and correct on and as of the date of the initial Advance with the effect as if made on such date.
33. No Termination Event exists under this Agreement.
4. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION _TO MAKE
CONSTRUCTION ADVANCES. It is expressly agreed that the Board's obligation to make any
Construction Advance shall be subject to satisfaction of the following conditions, unless waived
by the Board at its sole discretion. In the event the Board elects to waive any requirements or
conditions contemplated herein with regard to any such Construction Advance, such waiver shall
not preclude the Board from thereafter requiring full and complete performance of all terms,
conditions and requirements with regard to any subsequent Advance.
4.1 All conditions for all previous Advances must be satisfied or expressly waived in
writing by the Board as of the date of the pending Construction Advance.
4.2 The Board has received the following documents:
4.11. Copy of Architect/Engineer Agreement;
4.2.2. Plans;
4.2.3. Copy of all Construction Contracts;
Q :VrClAICityofO a MedCompleaRMii3URSE&U3Nr -1 Ad
4.2.4. Copy of all Governmental Approvals;
4.2.5. Copy of all insurance policies required by Section 11 hereof or certificates
that such insurance is in full force and effect;
4.2.6 Copy of Payment and Performance Bonds;
4.2.7. Copy of all Bidding Documents;
4.2.8. All amendments to documents previously delivered to the Board by the
Contracting Party hereunder; and
4.2.9. Copies of all then- existing agreements executed by the Contracting Party
in connection with the acquisition, construction, equipping and furnishing of the Project,
not previously submitted to the Board;
4.2.10. Such other documents, certificates and instruments in connection with the
Project, in form and substance satisfactory to the Board or its Program Manager as the
Board or its Program Manager may reasonably request.
4.3. The Construction Advance complies and is in accordance with the Approved
Budget.
4.4 The representations and warranties set forth within Section 7 hereof shall be true
and correct on and as of the date of the pending Construction Advance with the effect as if made
on such date.
4.5 No Termination Event exists under this Agreement,
5. CONDITIONS PRECEDENT TO BOARD'S OBLIGATION TO MAKE NON -
CONSTRUCTION ADVANCES. It is expressly agreed that the Board's obligation to make any
Non - Construction Advance shall be subject to satisfaction of the following conditions, unless
waived by the Board at its sole discretion. In the event the Board elects to waive any
requirements or conditions contemplated herein with regard to any such Non - Construction
Advance, such waiver shall not preclude the Board from thereafter requiring full and complete
performance of all terms, conditions and requirements with regard to any subsequent Advance.
S.I. All conditions for all previous Advances must be satisfied or expressly waived in
writing by the Board as of the date of the pending Non - Construction Advance.
5.2. The Board has received the following documents.
5.2.1. All amendments to documents previously delivered to the Board by the
Contracting Party hereunder; and
Q: \7CIA\CiryafO% agnoMedCompl&%RELNBURSEMEM -l.dw
5.2.2. Such other documents, certificates and instruments in connection with the
Project, in form and substance satisfactory to the Board or its Program Manager as the
Board or its Program Manager may reasonably request.
5.1 The Non - Construction Advance complies and is in accordance with the Approved
Budget.
5.4. The representations and warranties set forth within Section 7 hereof shall be true
and correct on and as of the date of the pending Non - Construction Advance with the effect as if
made on such date.
5.5. No Termination Event exists under this Agreement.
6. DISBURSEMENT PROCEDURE. Subject to compliance by the Contracting Party with
all the terms, provisions and conditions of this Agreement, including, but not limited to, the
conditions precedent set forth within Sections 3, 4 and 5 hereof, the Board will cause its
Depository to disburse sums to the Contracting Parry, or to the appropriate payee, for the purpose
of paying Costs of Construction items specified in the Approved Budget, in accordance with the
following procedures:
6.1. Request for Construction Advance. Not less than fifteen (15) business days before
the date on which the Contracting Parry desires a Construction Advance, but not more frequently
than monthly, the Contracting Party shall submit to the Board a Construction Advance Request,
which shall be accompanied by the following:
6.1.1. Application and Certificate for Payment dated as of the date of the
Request for Advance;
6.1.2. Billing statements, vouchers and invoices, in form and content satisfactory
to the Board, with regard to items that are the subject of the Construction Advance
Request;
6.1.3. If the Construction Advance is for the purpose of reimbursing the
Contracting Party for Costs of Construction previously paid by the Contracting Party,
evidence satisfactory to the Board of such prior payment;
6.1.4. If requested by the Board, appropriate waivers of lien rights, in form and
content satisfactory to the Board and its legal counsel, executed and acknowledged by all
Contractors, sub - contractors, laborers and materialmen who have furnished labor or
materials relating to the Improvements;
6.1.5. Authorization and Certification of Project Manager.
6.2. Request for Non - Construction Advance. Not less than fifteen (15) business days
before the date on which the Contracting Party desires a Non - Construction Advance, but not
Q: iTC{ AlCityofOwazsoMedComplexREDvMURSEMM4T -i.doc
more frequently than monthly, the Contracting Parry shall submit to the Board a Non -
Construction Advance Request, which shall be accompanied by the following:
6.2.1. Billing statements, vouchers and invoices, in form and content satisfactory
to the Board, with regard to items that are subject of the Non - Construction Advance
Request;
6.2.2. If the Non - Construction Advance is for the purpose of reimbursing the
Contracting Party for Costs of Construction previously paid by the Contracting Party,
evidence satisfactory to the Board of such prior payment;
6.3. Board's Inspection. If, for any reason, the Board or its Program Manager deems it
necessary to cause the Project to be examined by the Program Manager prior to making any
Advance, it shall have a reasonable time within which to do so, and the Board shall not be
required to make any submissions to the Trustee until such examination has been made. The-
Board and its Program Manager shall have the right, upon reasonable prior notice, to enter the
Project at all reasonable times for the purpose of examining and inspecting the Project. The
Board and its Program Manager shall also have the right at all reasonable times to examine the
books and records of the Contracting Party regarding the Project.
6.4. Disbursements. Upon receipt by the Board of the items required by Sections 3, 4,
5, 6.1 and 6.2 hereof, or as soon thereafter as all conditions precedent to the requested Advance
have been satisfactorily met, including delivery to the Board of an Authorization and Certificate
of Program Manager, the Board shall approve the Construction Advance Request or the Non -
Construction Advance Request, as applicable, and cause its Depository to disburse to the
Contracting Party, or to the appropriate payee, for Costs of Construction the amount of the
requested Advance.
6.5. Maximum Amount of Advances The total amount of all Advances under this
Agreement shall not exceed the Maximum Amount of Advances.
6.6. Date after which Advances Cease. Notwithstanding anything herein to the
contrary, the Board shall have no duty to make or cause the making of Advances hereunder to
the Contracting Parry after June 30, 2014.
6.7. Advances Solely from Sales Tax. All Advances hereunder shall be made by the
Board solely from Sales Tax proceeds.
6.8. Advances Subject to Annual Appropriation. It is hereby acknowledged that under
applicable Oklahoma law, the Board may not become obligated beyond its fiscal year (July I
through June 30) and therefore, the covenants made herein by the Board shall be on a year-to-
year basis. The Board's obligation to make Advances is subject to the availability of funds and
annual appropriations thereof by the Board.
6.4. Subordination of Obligation to Make Advances. The Board's obligation to make
Advances is fully subordinate to the Board's obligation to make payments of Sales Tax proceeds
Q: \TCIA\CityofOw' sSoMedComplexREINO iRSEMENT -i.dm 10
pursuant to projects agreements between the Board and the Tulsa County Industrial Authority
(the "Authority ") securing the payment of bonds issued by the Authority.
6.10 Amount of Disbursements Required. The amount of disbursements required to be
made by the Board pursuant to Section 11 of the Previous Capital Improvements Agreement
shall be reduced by the amount of Advances made pursuant to this Agreement.
6.11. Construction Retainage. An amount equal to five percent (5 %) of the Maximum
Amount of Advances shall be retained by the Board. Such Retainage shall be disbursed upon
completion of the construction, equipping and furnishing of the improvements, provided:
6.11.1. A Construction Advance Request shall have been submitted to the Board
with respect to such retainage;
6.11.2. A Certificate of Completion shall have been submitted to the Board,
accompanied by a certificate of occupancy for the Improvements and such other written
evidence reasonably required by the Board of the approval of the municipality where the
Improvements are located, reflecting that the Improvements in their entirety are available
for permanent occupancy;
6.11.3 The written consent of the sureties named within the Payment and
Performance Bonds shall have been submitted to the Board.
6.11.4. The Board has received appropriate waivers of lien rights, in form and
content satisfactory to the Board and its legal counsel, executed and acknowledged by all
Contractors, sub - contractors, laborers and materialmen who have furnished labor or
materials relating to the Improvements;
6.11.5. The Contracting Party has complied with all the terms, provisions and
conditions of this Agreement; including, but not limited to the conditions precedent and
procedures set forth within Sections 3, 4, 5 and 6 hereof;
6.11.6. The representations and warranties set forth within Section 7 hereof shall
be true and correct on the date of disbursement of such retainage; and
6.11.7. No Termination Event exists under the Agreement.
7. REPRESENTATIONS AND WARRANTIES OF CONTRACTING PARTY. The
Contracting Party represents and warrants to, and covenants with, the Board as follows:
7.1. Existence and Oualification. The Contracting Party has all requisite power and
authority to own, operate and lease its properties and to carry on its business as presently
conducted.
7.2. Authority. Approval and Enforceability. The Contracting Party has all requisite
power and authority to execute and deliver this Agreement and to perform its obligations
Q:\rCIA\CiryofDw soMedComp]*MBt BURSaffi dT�t.do I I
under this Agreement. This Agreement has been duly executed and delivered on behalf of
the Contracting Party and constitutes the legal, valid and binding obligation of the
Contracting Party.
73. No Violations. Based upon a reasonable investigation, there exist no violations of
any statutes, rules, orders, ordinances, regulations or requirements of any Governmental
Authorities with respect to the Land, and the anticipated use thereof complies with all applicable
statutes, rules, ordinances, regulations or requirements (including, without limitation, zoning,
environmental, ecological, landmark and all other applicable categories) affecting the Land.
7.4. Disclosure. The representations and warranties made to the Authority and the
Board by the Contracting Party contain no untrue statements of material facts, and the
Contracting Party has not intentionally omitted to disclose any material fact.
7.5. Continuing Nature of Representations. Each of the representations and warranties
set forth herein will be true on the date of each Advance hereunder, and the acceptance of any
Advance hereunder by the Contracting Party shall be deemed to be a reaffirmation of each and
every one of said representations and warranties.
8. REPRESENTATIONS AND WARRANTIES OF BOARD. The Board hereby represents
and warrants to, and covenants with the Contracting Party as follows:
8.1. Authority. Approval and Enforceability. The Board has all requisite power and
authority to execute and deliver this Agreement and to perform its obligations under this
Agreement. This Agreement has been executed and delivered on behalf of the Board and
constitutes a legal and binding obligation of the Board, enforceable against the Board in
accordance with its terms.
8.2. Disclosure. The representations and warranties made to the Contracting Party by
the Board contain no untrue statement of material fact and the Board has not intentionally
omitted to disclose any material fact.
9. REMEDIES. Upon the occurrence of a Termination Event, the Board may, at its option:
9.1. Termination of Advances. Terminate the making of Advances.
9.2. Waiver of Termination Event. The Board may, at its option, by an instrument in
writing signed by the Board, waive any Termination Event which shall have occurred and
any consequences of such Termination Event and, in such event, the Contracting Party and
the Board shall be restored to their former respective rights and obligations hereunder. Any
Termination Event so waived shall, for purposes of this Agreement, be deemed to have been
cured and not to be continuing; but no such waiver shall extend to any subsequent or other
Termination Event or impair any consequence of such subsequent or other Termination
Event or any of the Board's rights relating thereto.
Q:ITCWCityotOw ssoMOdCompledtE .MURSENMW.1.dw 12
93. Cumulative Remedies. The remedies herein provided shall be in addition to and
not in substitution for the rights and remedies which would otherwise be vested in the Board
in law or equity, all of which rights and remedies are specifically reserved by the Board. The
remedies herein provided or otherwise available to the Board shall be cumulative and may be
exercised concurrently. The failure to exercise any of the remedies herein provided shall not
constitute a waiver thereof, nor shall use of any of the remedies hereby provided prevent the
subsequent or concurrent resort to any other remedy or remedies which by this Agreement or
by law or equity shall be vested in the Board. As a condition to any Advance after a
Termination Event, the Board may require the completion of the Project by methods and in a
manner satisfactory to the Board.
10. COMPLETION OF THE PROJECT, The Contracting Party shall complete the
construction, equipping and furnishing of the Improvements in accordance with the Plans and
submit to the Board a Certificate of Completion on or before June 30, 2014.
11. INSURANCE. The Contracting Party shall, at all times during the construction of the
Improvements, maintain or cause the Contractors to maintain in full force and effect Builder's
Risk Insurance. In addition, the Contracting Party shall cause the Contractors at all times during
the construction of the Project to maintain general liability insurance in an amount reasonably
required by the Board and shall cause the Contractors to maintain worker's compensation
insurance as required by law.
12. CHANGE ORDERS, The Contracting Party shall deliver to the Board copies of all
Change Orders within five (5) business days after the respective dates of approval thereof.
13. AUDIT. The Board shall have the right at all reasonable times during regular business
hours to audit or cause the audit of the books and records of the Contracting Party pertaining to
the acquisition, construction, equipping and furnishing of the Project and to audit or cause the
audit of the administration of the acquisition, construction, equipping and furnishing of the
Project.
14, COPIES OF FILED LIENS. The Contracting Party shall deliver to the Board copies of
all mechanics', materialmen's or laborers' liens filed against the Improvements or the Land,
within five (5) days after the Contracting Party's knowledge thereof.
15. GOVERNMENT REQUIREMENTS AND PUBLIC COMPETITIVE BIDDING ACT.
The Contracting Party shall construct the Improvements in accordance with all applicable
Government Requirements and shall, in connection therewith, comply with the Oklahoma Public
Competitive Bidding Act of 1974 and any amendments thereto.
16. CONSTRUCTION CONTRACTS. The Contracting Party shall at all times comply with
the terms and provisions of the Construction Contracts.
17. VISION 2025 SIGNAGE. The Board shall, at all times prior to July 1, 2017, have the
right to place a sign or signs upon the Project identifying the Project as a Project funded by
Q:fTCL4lCilyofOw )MedCompimREQ.fBt) aiEN'r -I Ad 13
Vision 2025 Sales Tax. Such sign or signs and the location thereof shall be subject to the
approval of the Contracting Party, which approval shall not be unreasonably withheld or delayed.
18. GENERAL CONDITIONS. The following conditions shall be applicable throughout the
term of this Agreement.
18.1. Nonwaiver. No Advance hereunder shall constitute a waiver of any of the
conditions of the Board's obligation to make further Advances, nor, in the event the
Contracting Party is unable to satisfy any such condition, shall any such waiver have the
effect of precluding the Board from thereafter declaring such inability to be a Termination
Event as hereinabove provided.
18.2. The Board's Satisfaction. All proceedings taken in connection with the
transactions provided for herein and all documents required or contemplated by this
Agreement must be reasonably satisfactory to the Board.
18.3. Establishment of Facts. If any condition of this Agreement requires the
submission of evidence of the existence or nonexistence of a specified fact or facts or implies
as a condition the existence or nonexistence, as the case may be, of such fact or facts, the
Board shall, at all times, be free to independently establish to its satisfaction and in its
absolute discretion such existence or nonexistence.
18.4. Relationship of Parties. The Board is neither a partner nor joint venturer with the
Contracting Party or any other party in connection with the Project. The Board shall not in
any way be liable or responsible by reason of the provisions hereof, or otherwise, for the
payment of any claims growing out of the construction of the Improvements or the Land.
18.5. Conditions for Exclusive Benefit of the Board. All conditions of the obligations of
the Board to make Advances hereunder are imposed solely and exclusively for the benefit of
the Board and its assigns, and no other person shall have standing to require satisfaction of
such conditions in accordance with their terms and no other person shall, under any
circumstances, be deemed to be beneficiary of such conditions.
18.6. Notices. Any notice, request, complaint, demand, communication or other paper
shall be sufficiently given and shall be deemed given when delivered or mailed by registered
or certified mail, postage prepaid or sent by telegram, addressed as follows:
Board of County Commissioners
500 South Denver
Tulsa OK 74103
Attn: Chairman
Q:ITCLUCityofDt ssoMedComplexREIMBURSEM'NT-1,dm 14
Contracting Party:
City of Owasso, Oklahoma
111 North Main Street
Owasso, Oklahoma 74055
Attn: City Manager
The parties hereto may designate any further or different addresses to which subsequent
notices, certificates or other communications shall be sent. The above addresses may be
changed at any time upon written notice of such change sent by United States mail,
postage prepaid to the other parties by the party effecting the change.
18.7. Amendment: Waiver. This Agreement may not be amended, modified, waived,
discharged or terminated in any way, except by an instrument in writing executed by all
parties hereto; PROVIDED, HOWEVER, the Board may, in writing: (i) extend the time for
performance of any of the obligations of the Contracting Party; (ii) waive any Termination
Event by the Contracting Party; and (iii) waive the satisfaction of any condition that is
precedent to the performance of the Board's obligations under this Agreement. In the event
of a waiver of a Temmination Event by the Board, such specific Termination Event shall be
deemed to have been cured and not continuing, but no such waiver shall extend to any
subsequent or other Termination Event or impair any consequence of such subsequent or
other Termination Event.
18.8. Rights and Remedies. In the event of a breach of any of the covenants or
agreements hereof by a party hereto, the other parties hereto shall be entitled to enforce and
exercise all options, rights and remedies, jointly or in the alternative, provided by the
Agreement, law or equity.
18.9. Governing Law. This Agreement shall be deemed to be a contract made under the
laws of the State of Oklahoma and shall be construed by and governed in accordance with the
laws of the State of Oklahoma.
18.10. Third Party Beneficiary. Nothing in this Agreement, express or implied, is
intended to confer upon any person other than the parties hereto, and their respective
successors and assigns, any rights or remedies under or by reason of this Agreement.
18.11. Prohibition Against Assignment, The Contracting Party shall not assign or
transfer voluntarily or by operation of law or otherwise dispose of this Agreement or any
rights hereunder, or any monies, property or funds deposited with the Board. An assignment
or transfer in violation of this provision shall be invalid, and an assignment or transfer by
operation of law shall be deemed to be an invalid transfer.
18.12. Entire Agreement. This Agreement constitutes the entire agreement between the
parties hereto, with any and all prior agreements and understandings being merged herein.
Q:ITCIA�CityofO�awsoMedCompla RtR1BUMPREM -l.doc 15
18.13. Captions and Paragraph Headings. The captions and paragraph headings
contained herein are included for convenience only and shall not be construed or considered
a part hereof nor affect in any manner the construction or interpretation hereof
18.14. Time of Essence. Time is of the essence of this Agreement.
18.15. Binding Effect. This Agreement shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
18.16. Severability. Should any clause or provision of this Agreement be invalid or void
for any reason, such invalid or void clause shall not adversely affect the remainder of this
Agreement, and such remainder shall remain in full force and effect.
18.17. Invalidity of Provisions. If any term or provision of this Agreement or the
application thereof to any person or circumstance shall be held invalid or unenforceable, such
invalidity or unenforceability shall not affect any other provisions hereof. If any provision of
this Agreement is held invalid or unenforceable because the fulfillment of such provision
would involve exceeding the limit of validity prescribed by law, then upon the occurrence of
such circumstances, the obligation to be fulfrlIed shall be reduced to the limit of validity
prescribed by law. If the provision of this Agreement which is found to be invalid or
unenforceable cannot be modified so as to be enforceable under existing laws, this
Agreement shall be construed and enforced as if such provision had not been included herein.
IN WITNESS WHEREOF, the parties hereto have executed and delivered this
Agreement as of the day and year first above written.
"Contracting Party"
CITY OF OWASSO, OKLAHOMA, a municipal
corporation
.
•• 1
Title Mayor
BOARD OF COUNTY COMMISSIONLA RS OF
TULSA COUNTY
By—
Name
Title
Q; \TCIMCiIYOIOIva SoMedrmmpiexREIMBURSE),MNT_t.dw 16
I.j 'VIII "A"
DESCRIPTION OF PROJECT
The project involves the extension of a water line from a master meter to an elevated 2.0 million gallon
water tank. The master meter referred to shall be a water supply master meter to be constructed at the site
of connection with the City of Tulsa water system. Also, a booster pump station as well as connections
and water lines to the existing water distribution system will be constructed. The project is being
constructed for the purpose of serving the Owasso Medical Complex.
EXHIBIT "B"
DESCRIPTION OF LAND
04.28 -'04 15:36 FROM -City of Owasso 272 -2499
T -393 P02/05 U -880
Exhibit
Temporary Construction Easement
S 88 °35'49' W
-NORTHERLY LINE NE /4 2479.15' „t
'— 18.5�yTATUTORY Nif� —OF —WAY
- NORNEU&ST 001WER
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200M' scale: IN =100, .
REV, APRIL 2a, 2004
Sisemore Weisz & Associates, Inc,
JANUARY 26, 2004
W.0.674577
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PAGE t OF 2
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Nu, 1 tA; PILH An, 21 Gt91m1
M-28-'04 15:36 FROM -City of Owasso 272 -2499
T -393 P03/05 U -889
Legal Description:
Temporary Construction Easement
TEMPORARY CONSTRUCTION EASEMENT
A TRACT OF LAND THAT IS PART OF THE NORTHEAST QUARTER OF SECTION EIGHTEEN
(18), TOWNSHIP TWENTY —ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN
STATES GOVERNMENT SURVEY THEREOF, SA SAID TRACT OKLAHOMA, LANDOBEING DESCRIBED UNITED
S
FOLLOWS;
COMMENCING AT THE NORTHEAST AORNER OF SAID NORTHEAST QUARTER; O
88'35'49' WEST ALONG THE NORTHERLY UNE OF SAID NE/4 FOR 2479,15' FEET; THENCE SOUTH
THENCE SCUTH
0110'14" EAST FOR 1202,10 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND;
THENCE NORTH 88.49'46' EAST FOR 200.00 FEET; 1HENCE SOUTH 0110'14' EAST FOR 22&.00 FEET;
THENCE SOUTH 88.49'48" WEST FOR 200.00 FEET; THENCE NORTH 0110'14" WEST FOR
225,00 FEET TO THE POINT OF BEGINNING OF SAD TRACT OF LAND. CONTAINING 45,000
SQUARE FEET OR 1:033 ACRES, MORE OR LESS,
REV. APRIL 26, 2004
JANUARY 25, 2004
W,o.j14517
PAGE 2 OF 2
1
Sisenlore Weis?, & Associates, Inc,
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04-28 -'04 15;36 FROM -City of Owasso 272 -2499 T -393 PO4/05 U -880
e
Exhibit
Permanent Right- of -Way
S 88•35'49" W
NoRBOLY aF N�4 _ 2453.13'
•_ — •_.. — •.� -.• — ••.•• �-•.•- 18 5 SiAiUTOAY PTGN� T- Z-ZWAY ..- �' ..--• `
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L=471..24'
R= 75.00'
4= 36040000"
21
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04-28 -'04 15:36 FROM -City of Owasso 272 -2499
Legal Description
Permanent Right- of -Way
PERMANENT RIGHT -OF -WAY EASEMENT
T -393 P05/05 U -880
A TRACT OF LAND THAT IS LOCATED IN THE NORTHEAST QUARTER OF SECTION EIGHTEEN
(18). TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN
BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE UNITED
STATES GOVERNMENT SURVEY THEREOF, SAID TRACT OF LAND BFJNG DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH HEN
8836'49" WEST AIQNG THE NORTHERLY LINE OF SAip NE /4 FQR 2463.13 FEET? THENCE SCUTH
0174'14' EAST FOR 1301,21 FEET TO THE POINT OF BEGINNING OF SAID TRACT 4F LAND;
TH RIGHTUWiiHOA CENTRALAANGIE OF 360'OPO'ppTD CA RAOIUS OF 500 FEET FORR47 24
FEET TQ THE PotNT OF BEGINNING OF SAID TRACT OF LAND.
CONTAINING 17,671 SQUARE FEET OR 0.406 ACRES, MORE OR LESS,
SJsemore Weisz & Associates, Inc.
46170, 2004 018 CAST SZ-,d PLACE
iVO�A.4 M4 74M r4 g1( 608 6 888
2421 Ems. DASF u.e.....�
EXHIBIT "C"
AUTHORIZATION AND CERTIFICATE OF PROGRAM MANAGER
With a reference to the attached Advance Request in connection with the Owasso Water
System Improvements- Medical Complex (the "Project "), I, the designated Program Manager in
respect to the Project hereby find, certify and state with respect to the attached Advance Request,
as follows:
(a) The person, firm, corporation, partnership, or otherwise, to which payment is due
has been properly entered in this form and to my knowledge constitutes an accurate
identification of the creditor; and
(b) the payment is a bona fide Cost of Construction as such term is defined in the
Agreement; and
(c) the amount to be paid is correct and accurate in accordance with the invoice
and/or statement submitted by the Contracting Party; and
(d) the obligation in the stated amount has been incurred by the Contracting Parry and
that each item thereof is a proper charge, and that payment of such obligation has not
theretofore been made; and
(e) that to the best of my knowledge, after investigation and due inquiry, insofar as
any such obligation was incurred for work, materials, equipment or supplies, such work
was actually performed, or such materials, equipment or supplies were actually installed
in furtherance of the construction of the Project or delivered at the site of the Project for
that purpose, or delivered for storage or fabrication at a place or places approved by the
Contracting Party and same is under control of the Contracting Party, or is a progress
payment due an equipment being fabricated to order.
(f) that certain Capital Improvements Agreement dated November _, 2013, by
and between the Contracting Party and the Board of County Commissioners of Tulsa
County, Oklahoma relating to the Project (the "Agreement') is in full force and effect;
that to the best of our knowledge after due inquiry and investigation, no event of default
has occurred or is continuing under the terms of the Agreement; all conditions precedent
to payment of the requisition set forth in the Agreement have been met; and payment of
the requisition is proper pursuant to the terms of such Agreement.
Date: PROGRAM MANAGER
By
Authorized Representative
EXHIBIT "D"
AUTHORIZATION AND CERTIFICATE OF PROJECT MANAGER
With reference to the attached Construction Advance Request, the undersigned,
as the designated construction
architect, engineer or project manager for the City of Owasso, Oklahoma (the
"Contracting Party ") in connection with the Owasso Water System Improvements -
Medical Complex Project (the "Project ") hereby finds, certifies and states with respect to
the attached Construction Advance Request as follows:
(a) all construction of the Improvements [as defined in the Capital Improvements
Agreement dated November _, 2013, by and between the Contracting Party and the
Hoard of County Commissioners of Tulsa County, Oklahoma, relating to the Project (the
"Agreement')] has been done in accordance with the Plans (as defined in the
Agreement); and
(b) the Improvements can be completed in accordance with the Approved Budget (as
defined in the Agreement); and
(c) the persons, firms, corporations, partnerships, or otherwise, to which payment is
due has been properly entered in the attached Application and Certificate for Payment
and to my knowledge constitutes an accurate identification of the creditors; and
(d) the payment is a bona fide Cost of Construction as such term is defined in the
Agreement; and
(e) the amount to be paid is correct and accurate in accordance with the invoices
and/or statements submitted by the creditor; and
(f) the obligation in the stated amount has been incurred by the Contracting Party and
payment of such obligation has not yet heretofore been made; and
(g) to the best of my knowledge, after investigation and due inquiry, insofar as any
such obligation was incurred for work, materials, equipment or supplies, such work was
actually performed, or such materials, equipment or supplies were actually installed in
furtherance of the construction of the Project or delivered at the site of the Project for that
purpose, or delivered for storage or fabrication at a place or places approved by the
Contracting Party and same is under control of the Contracting Party, or is a progress
payment due on equipment being fabricated to order.
Dated:
By: Authorized Officer of the [Architect]
[Engineer] [Project Manager]
EXIIIBIT "E"
CONSTRUCTION ADVANCE REQUEST
TO: Board of County Commissioners of Tulsa County, Oklahoma
c/o Program Manager
FROM: City of Owasso
(the Contracting Party)
Pursuant to the Capital Improvements Agreement dated November , 2013 (the
"Agreement'), by and among the Board of County Commissioners of Tulsa County, Oklahoma
(the `Board "), and the City of Owasso, Oklahoma (the "Contracting Party "), the Contracting
Party hereby requests the Board to cause its Depository to disburse the amount set forth in the
attached Application and Certificate for Payment to the parties set forth therein for the account of
the Contracting Party.
The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the
representations and warranties of the Contracting Party in the Agreement are hereby ratified and
confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined
in the Agreement; (iii) each obligation described in the attached Application and Certificate for
Payment has been properly incurred and is now due and unpaid and that insofar as such
obligation was incurred for work, materials, equipment or supplies, such work was actually
performed, and such materials, equipment or supplies were actually installed or delivered to or
for the Project (as defined in the Agreement); (iv) there has not been filed with or served upon
the Contracting Party notice of any lien, right to lien or attachment upon, or claim affecting the
right to receive payment of any of the monies payable to any of the persons, firms or
corporations named in the attached Application and Certificate for Payment, which has not been
released or will not be released simultaneously with the payment of such obligation; (v) the
Agreement is in full force and effect; (vi) no event of default has occurred or is continuing under
the terms of the Agreement; and (vii) all conditions precedent to payment of the requested
Construction Advance herein have been met and payment of such obligations is proper pursuant
to the terms of the Agreement.
Date:
APPROVED:
BOARD OF COUNTY COMMISSIONERS
OF TULSA COUNTY, OKLAHOMA
ME
Chairman
CITY OF OWASSO, a municipal corporation
By: Authorized Officer of the Contracting Party
EXHIBIT "F"
NON - CONSTRUCTION ADVANCE REQUEST
TO: Board of County Commissioners of Tulsa County, Oklahoma
FROM: City of Owasso, Oklahoma
(the Contracting Party)
Pursuant to the Capital Improvements Agreement dated November _, 2013, (the
"Agreement"), by and among the Board of County Commissioners of Tulsa County, Oklahoma
(the "Board "), and the City of Owasso, Oklahoma (the "Contracting Parry "), the Contracting
Party hereby requests the Board to cause its Depository to disburse the amount of
$ to the parties set forth below for the following purposes:
Payees Purposes
The Contracting Party does hereby certify to the Board that, as of the date hereof, (i) the
representations and warranties of the Contracting Party in the Agreement are hereby ratified and
confirmed; (ii) the requested disbursement is for the payment of Costs of Construction as defined
in the Agreement; (iii) each obligation described above has been properly incurred; (iv) the
Agreement is in full force and effect; (v) no event of default has occurred or is continuing under
the terms of the Agreement; and (vi) all conditions precedent to the payment of the requested
Non - Construction Advance herein have been met and payment of such obligations is proper
pursuant to the terms of the Agreement.
CITY OF OWASSO, a municipal corporation
APPROVED: By: Authorized Officer of the Contracting Party
BOARD OF COUNTY COMMISSIONERS
OF TULSA COUNTY, OKLAHOMA
Chairman
#17
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RONALD D.
CITY ATTOINEY_
SUBJECT: CAPITAL IMPROVEMENTS AGREEMENTS - VISION 2025
PROJECTS, OWASSO COMMUNITY CENTER PROJECT;
OWASSO DOWNTOWNINEIGHBORHOOD PROJECT,
OWASSO MEDICAL COMPLEX PROJECT; AGENDA ITEMS
17,18 AND 19
DATE: March 12, 2004
At the direction of the City Manager, there is presented for Council consideration the
proposed Capital Improvement Agreements by and among the City of Owasso,
Oklahoma, the Tulsa County Industrial Authority and the Board of Commissioners of
Tulsa County, Oklahoma. The Capital Improvement Agreements are the vehicle by
which the City of Owasso, as well as other municipalities within Tulsa County, avails
itself of its designated portion of the Vision 2025 monies.
BACKGROUND:
On September 9, 2003, the duty residents of Tulsa County approved the levy and
collection of an additional one cent sales tax to provide revenue for, among other things,
capital improvements for community enrichment within Tulsa County. Among the
anticipated community enrichment projects there was specifically provided for the City
of Owasso the following projects, to -wit:
A, Owasso Community Center Project----------- - - - - -- $1,000,000.00;
B. Owasso Downtown/Neighborhood Project-- - - - - -- $1,143,463.90; and,
C. Owasso Medical Complex Project ------------------- $4,500,000.00.
Subsequent to passage of the sales tax proposition, representatives of Tulsa County
proceeded to take such actions necessary to obtain financing to provide advance funding
for the capital projects. In order to fund the costs of the acquisition, construction,
equipping and furnishing of the capital projects, the Tulsa County Industrial Authority
( "Authority "), an Oklahoma public trust having the County of Tulsa as its beneficiary,
was detennined to be the appropriate legal entity to issue debt. The Authority would issue
its revenue bonds and secure as well as service debt incurred from the issued revenue
bonds by a transfer of a portion of the sales tax proceeds to it from Tulsa County.
Accordingly, the Authority issued its $1.27,150,000.00 Tulsa County Industrial Authority
Capital Improvements Revenue Bonds, Series 2003A, and its $115,000,000.00 Tulsa
County Industrial Authority Capital Improvements Revenue Bonds, Series 2003B, (the
"Bonds ").
Having obtained the necessary funds for the anticipated projects, it became incumbent
upon county and municipal officials to create a document to establish, define and govern
the relationship of the respective parties. As a result of the efforts of many county and
municipal officials, as well as financial and legal advisors as relates to the Master Bond
Indenture dated as of December 1, 2003 and the First Supplemental Bond Indenture dated
as of December 1, 2003, a prototype Capital Improvement Agreement was created.
DISCUSSION.
It is submitted that the Capital Improvement Agreements presented are identical to the
prototype referred to above and set forth in an uncomplicated form a workable
arrangement for the disbursement and utilization of the 2025 funds. The Capital
Improvement Agreements (hereinafter collectively referred to as "Agreement ") contain
essentially five (5) principal categories. Such are as follows,
1. Project Identification;
2. Set Aside of Funds;
3. Conditions Precedent to Initial Funds Disbursement;
4. Requirements For Interim Funds Disbursement; and,
5. Project Closeout Requirements.
Project Identification -
The Agreement, in the Recital section, identifies the project(s) for which the funds are to
be spent. Under the terms of the Agreement, "the project" is generally referred to with
more specificity left to be provided by the exhibits to be attached as "Exhibit A ". It is
submitted that this is important insofar as it provides latitude to the City of Owasso which
enables the Council, within the 2025 Ballot parameters, to more filly define its own
project. Staff recommends that the Council consider the following as the defined project
identifications, to -wit:
A. Owasso Community Center Project------------------ - - - - -- $1,000,00.00
1. Community Build Park ------------------------------------ $200,000.00
2. Land Acquisition- Veterans Memorial ------------------- $200,000.00
3. City of Owasso -YMCA Recreation Facility---- - - - - -- $500,000.00
4. Community Center Heating and Air-------------- - - - - -- $100,000.00;
B. Owasso Downtown /Neighborhood Project---------- - - - - -- $1,143,463.90
The projects consist of the relocation of overhead utility lines underground along
Main Street from 3`1 Street to 76 °i North, the replacement of the existing
Streetlights along Main Street with pedestrian - oriented theme lighting, and the
acquisition of properties along Main Street corridor for the purposes of
developing a town square.
C. Owasso Medical Complex Project--- - - - - -- - - - - -- $4,500,000.00
This project involves the extension of a water lint, from a master meter to an
elevated 2.0 million water tank. The master meter referred to shall be a
water supply master meter to be constructed at the site of connection with the
City of Tulsa water system. Also, a booster pump station as well as connections
and water lines to the existing water distribution system will be constructed.
Set Aside of Funds-
Under the terms of the Agreement there are monies set aside for the use and benefit of the
City of Owasso. The fiends set -aside for the City equals ninety -five per cent (95 %,) of the
City's Vision 2025 allocation for each category of capital improvement. The amount set
forth in the Background portion of this Memorandum represents the City's allocation or
as referred to in the Agreement, the "Contracting Party Amount ". The set -aside portion,
ninety -five percent (95 %), is termed the "Maximum Amount of Advances" and
constitutes the maximum amount of money available from the bond proceeds referred to
above to fund each respective capital improvement. The remaining five per cent (5 %) is
retained by the Authority to offset bond issuance and related costs. The funds that are set -
aside are placed in a designated and numbered subaccount of the Authority's
Construction Fund on deposit with the Bank of Oklahoma, N.A., the trustee bank, all in
accordance with the First Supplemental Bond Indenture.
Conditions Precedent to Initial Funds Disbursement-
The Agreement, under Section 3, at pages 8 and 9, sets forth specifically what is required
of the City of Owasso in terms of documentation prior to the Authority's release of any
initial advances. This section delineates that which is required and for the sake of brevity
will not be restated herein. However, it is important to note that the provisions have been
reviewed by various Staff members and the requirements are considered as being
achievable and within existing resource availability.
Requirements for Interim Funds Disbursement-
Under the provisions of Section 4, appearing at pages 9 and 10 of the Agreement, there is
set forth the items and actions that serve as conditions precedent to the City of Owasso
receiving construction advances. Again, these provisions have been reviewed by various
Staff members and the requirements are considered as being achievable and within
existing resource availability.
Project Closeout Requirements-
The Agreement specifies the project shall be completed and all advances made prior to
February, 2007. The closeout contemplated by the Agreement involves the City of
Owasso completing the acquisition, construction, equipping and furnishing of the project.
Upon such occurrence, certification of such completion will be require(_ of the City by
the Authority that will generally consist of certification from the Project Manager of the
Authority and the Architect or Engineer for the project as to the completion.
The remaining provisions of the Agreement, although of importance, are considered as
being standard contractual provisions normally found in cooperative multi - governmental
arrangements. Such generally consists of party identifications, recitals, definitions and
aids to interpretation language. In light of such, those provisions are not specifically
discussed in this Memorandum.
Any questions that any Councilor(s) might have regarding these matters should be
directed to Mr. Ray or myself.
RE, COMMENIDATION:
Staff would recommend that the Council approve the Capital Improvement Agreements
presented.
ENCLOSURES:
The project specific Capital Improvement Agreements are M.;laded in the Agenda
Packets of the City Councilors only. Due to the voluminous nature of the combination of
such documents they are not included in the individual packets distributed to the Public.
To review a copy or copies of the Capital Improvement Agreements contact Julie Stevens
at 918/376 -1502.
O—T City Wit out Limits.
TO:
The Honorable Mayor and City Council
City of Owasso
FROM:
Sherry Bishop
Assistant City Manager, Administrative Services
SUBJECT:
Debt Refunding - Series 2006 DWSRF Promissory Note to OWRB
City Resolution No. 2013 -21
DATE:
November 15, 2013
BACKGROUND:
Several weeks ago, our financial advisors, Municipal Financial Services, Inc., informed us there
could be an opportunity to refinance the existing Series 2006 Oklahoma Water Resources Board
(OWRB) loan at a reduced interest rate. The obligation proposed to be refinanced is the
OPWA's Series 2006, Drinking Water State Revolving Fund ( DWSRF) Promissory Note to the OWRB
dated March 8, 2006 with principal outstanding of $2,720,271 and a September 15, 2026 maturity
date. The savings is possible due to the following factors:
• The OWRB 2006 Series Note is subject to being called in April 2014 at par with no penalty.
This 2006 Note was originally scheduled to mature in September of 2026.
• Interest rates are generally lower than the 3.55% rate charged on the 2006 Series Note.
• The proposed 2013 Series annual debt service payments would increase as 2004 and
2012 Series debt payments end, keeping total OPWA annual debt service payments
essentially flat.
• The final 5% allocation of Vision 2025 funding for this project is now available to be
applied towards this debt.
PROPOSED REFINANCING:
The proposed refinancing would replace the OWRB note with bank financing with a shorter term
and a lower interest rate. At the November 5, 2013 meeting, the OPWA Trustees voted to
authorize the bid packet distribution related to this refinancing.
On November 8, the following email bid notice was sent by Municipal Financial Services, Inc. to
banks along with documents related to the bid process:
The Owasso Public Works Authority is seeking bids from financial institutions for the
purchase of its $2,915,000 Utility System and Sales Tax Revenue Note, Series 2013
for the purpose of refinancing an existing note originally issued in 2006. The 2013
Note will mature on October 1, 2018, representing a term of slightly less than 5
years. The note will be designated by the City as a "tax - exempt bank aualified
obligation" and secured by a pledge of utility revenues and sales tax on a senior
lien basis with certain other obligations.
The bids are due on the attached Bid Form no later than 11:00 a.m., Tuesday,
November 19, 2013 and the Authority is set to consider the bids that evening.
The issue would close on or about Friday, December 13, 2103, at which time the
note would be paid for in full by the successful purchaser.
PROPOSED ACTION:
The City resolution authorizes the OPWA to incur debt in the amount of $2,915,000 and approves
and authorizes other related provisions.
RECOMMENDATION:
Staff recommends approval of City Resolution No. 2013 -21 approving the incurrence of
indebtedness by the OPWA and containing other related provisions.
ATTACHMENT:
Draft City Resolution No. 2013 -21
OWASSO CITY COUNCIL
RESOLUTION NO. 2013 -21
A RESOLUTION OF THE CITY OF OWASSO, OKLAHOMA (THE "CITY ") APPROVING THE
INCURRENCE OF INDEBTEDNESS BY THE OWASSO PUBLIC WORKS AUTHORITY (THE
"AUTHORITY ") ISSUING ITS UTILITY SYSTEM AND SALES TAX REVENUE NOTE, SERIES 2013
(THE "NOTE "); PROVIDING THAT THE ORGANIZATIONAL DOCUMENT CREATING THE
AUTHORITY IS SUBJECT TO THE PROVISIONS OF THE INDENTURE, AUTHORIZING THE
ISSUANCE OF SAID NOTE; WAIVING COMPETITIVE BIDDING WITH RESPECT TO THE SALE
OF SAID NOTE AND APPROVING THE PROCEEDINGS OF THE AUTHORITY PERTAINING
TO THE SALE OF SAID NOTE; RATIFYING AND CONFIRMING A SECURITY AGREEMENT BY
AND BETWEEN THE CITY AND THE AUTHORITY PERTAINING TO THE YEAR -TO -YEAR
PLEDGE OF CERTAIN SALES TAX REVENUES; RATIFYING AND CONFIRMING A LEASE
AGREEMENT; ESTABLISHING THE CITY'S REASONABLE EXPECTATION WITH RESPECT TO
THE ISSUANCE OF TAX - EXEMPT OBLIGATIONS BY OR ON BEHALF OF SAID CITY IN
CALENDAR YEAR 2013, AND DESIGNATING THE NOTE AS A QUALIFIED TAX - EXEMPT
OBLIGATION; AND CONTAINING OTHER PROVISIONS RELATING THERETO.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA:
SECTION 1. INDEBTEDNESS AUTHORIZED. The Owasso Public Works Authority (the "Authority ")
is hereby authorized to incur an indebtedness by the issuance of its Utility System and Sales Tax
Revenue Note, Series 2013 in the amount of $2,915,000.00 (the "Note "), according to the terms and
conditions of a General Bond Indenture dated as of December 1, 1997, as previously
supplemented and amended and as further supplemented and amended by a Series 2013
Supplemental Note Indenture (collectively, the "Indenture "), all by and between the Authority and
The Bank of New York Mellon Trust Company, N.A., as successor Trustee Bank, provided that said
Note shall never constitute a debt of the City of Owasso, Oklahoma (the "City ").
SECTION 2. ORGANIZATIONAL DOCUMENT SUBJECT TO INDENTURE. The organizational
document creating the Authority, is hereby made subject to the terms of the Indenture authorizing
the issuance and securing the payment of the Note as more fully described in Section 1 hereof.
SECTION 3. WAIVING COMPETITIVE BIDDING; APPROVAL OF SALE PROCEEDINGS. The
waiving of competitive bidding for the sale of the Note and the sale of said Note by the Authority
to , at a price of par, is hereby approved.
SECTION 4. SECURITY AGREEMENT, The City hereby ratifies and confirms a Security
Agreement dated as of December 1, 1997, by and between the City and the Authority (the
"Security Agreement "), which Security Agreement pertains to a year -to -year pledge of certain
Sales Tax revenue as security for the Note.
SECTION 5. LEASE AGREEMENT. The Lease dated July 31, 1973, as amended by
Amendment to Lease dated as of July 1, 1996 (collectively, the "Lease Agreement "), both by and
between the City and the Authority, whereby the City leases unto the Authority its then existing and
thereafter acquired water, sanitary sewer, garbage and trash collection systems and the Bailey
Ranch Golf Club, is hereby ratified and confirmed.
SECTION 6. CITY'S EXPECTATIONS. The City anticipates that the total amount of tax - exempt
obligations (other than private activity bonds) issued by The Owasso Public Works Authority or other
issuers on behalf of said City, will not exceed $10,000,000 for calendar year 2013, and the City
hereby designates the Note to be a qualified tax - exempt obligation with respect to the financial
institution interest deduction provisions contained in the Internal Revenue Code of 1986, as
amended, and authorizes the Mayor or Vice Mayor to execute and deliver on behalf of the City a
Certificate of Designation to that effect.
SECTION 7. AUTHORIZING EXECUTION. The Mayor or Vice -Mayor and City Clerk or Deputy
City Clerk of the City representing the City at the closing of the above - referenced note issue are
hereby authorized to execute and deliver on behalf of the City any and all certifications and
documentation necessary or attendant to the delivery of the Note, as directed by Bond Counsel.
[Remainder of Page Left Blank Intentionally]
PASSED AND APPROVED THIS 19TH DAY OF NOVEMBER, 2013,
CITY OF OWASSO, OKLAHOMA
(SEAL)
Doug Bonebrake, Mayor
ATTEST:
Sherry Bishop, City Clerk
TO: The Honorable Mayor and City Council
City of Owasso
FROM: John W. Feary
SUBJECT: Resolution No. 2013 -20 Endorsing the Tulsa Regional Chamber of Commerce
2014 OneVoice Legislative Agenda
DATE: November 15, 2013
BACKGROUND:
The OneVoice legislative agenda is the regional advocacy effort lead by the Tulsa Regional
Chamber. OneVoice includes more than 60 partners across the region, ranging from
municipalities to peer chambers of commerce and community organizations as well as regional
industry members. Through OneVoce, ten task forces identify and prioritize key issues every
summer. In the fall, these issues are brought together at the Regional Legislative Summit, where
attendees vote to define the top 10 state and top 10 federal issues. These priorities are then
shared with state legislators and Congressmen via the regional OneVoice legislative agenda,
announced before session begins each year.
The 2014 OneVoice Agenda has a wide array of focal points ranging from education to
municipal funding and state oil & gas production regulation. In preparation for the upcoming
year, several members of the Owasso Chamber of Commerce and city staff were task force
members and chairs for the individual committees. Once the committees reached a consensus
of issues to advance forward, the legislative summit was held wherein over 400 citizens,
businesses, legislators, councilors, educators and community leaders met to determine the top
10 legislative priorities for both the state and federal agendas. While there are many topics to
advocate for, the upcoming year's agendas have very impactful municipal ramifications on
both the federal and state level.
A vital part of the OneVoice process is the endorsement of the agenda by all community
partners and local government entities affiliated and involved in the development of the
agenda. Former Oklahoma Speaker of the House Chris Benge has requested, on behalf of the
Tulsa Regional Chamber, that Owasso join in the endorsement of and advocacy for the 2014
OneVoice Legislative Agenda. 2014 priorities directly effecting municipal governments and
Owasso are:
1. Municipal Revenue Diversification
2. Oklahoma Quick Action Closing Fund
3. McClellan -Kerr Arkansas River Navigation System
4. Reauthorization of Federal Surface Transportation Funding (MAP -21)
5. Reauthorization of the Water Development Act
6. Marketplace Fairness Act
7. Tulsa Air National Guard Base Fuel Storage Facility
8. Federal Tax Exemptions on State and Local Bonds
RECOMMENDATION:
Staff presented this item at the November work session and recommends approval of Resolution
No. 2013 -20 endorsing the 2014 Tulsa Regional Chamber OneVoice Legislative Agenda.
ATTACHMENTS:
A. Resolution No. 2013 -20
B. 2014 OneVoice Legislative Priorities
C. OneVoice Endorsement request from Tulsa Chamber
CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2013 -20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA
ENDORSING THE TULSA METRO CHAMBER 2014 ONEVOICE REGIONAL LEGISLATIVE
AGENDA.
WHEREAS, the Tulsa region lead by the Tulsa Metro Chamber has built a Legislative
Agenda for 2014;
WHEREAS, this agenda is taken to Washington, DC each year to present as One
Voice to members of congress and Federal agencies;
WHEREAS, the power of one voice at the state legislature shows solidarity and need
for our region;
WHEREAS, there is a need to efficiently and coherently deliver regional messages to
the state legislature;
WHEREAS, the City of Owasso desires to be a part of the One Voice Regional
Legislative Agenda efforts;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, that, to -wit:
The City of Owasso City Council hereby endorses the Tulsa Regional Chamber 2014 One
Voice Legislative Agenda and commits to working for the Tulsa region's effort to
accomplish the goals set forth in the 2014 One Voice Legislative Agenda.
DATED this 19th day of November, 2013
Doug Bonebrake, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
2014 State Priorities
• Preserve and Increase Education Funding
Preserve existing funding and appropriate additional funds for education at all levels to:
• Address increased enrollment and fully implement critical K -12 reforms (Reading
Sufficiency Act, end -of- instruction interventions, Teacher Leader Effectiveness,
competitive teacher salaries, extended instructional hours, statewide STEM initiatives
and Common Core State Standards);
® Provide for additional training needs of business and industry through Career Tech ($16
million); and
Achieve the Governor's Complete College America initiative to increase graduation
rates.
Oklahoma's cuts per capita since 2008 have been the most severe across the nation, and this is having a
direct impact on our state's ability to meet its workforce needs and implement much - needed education
reforms. Education funding cuts have caused districts to increase class sizes to such a large size that
student learning is impacted; career tech programs for demand occupations have waiting lists of six to
eighteen months; and higher education cannot educate more students without funding for more
instructors. These cuts come at a time when state and national governments are imposing higher
expectations for student achievement on PK -12 schools, and workplaces desperately need — and expect —
higher levels of skills and education, if the state continues to impose constraints on education funding,
Oklahoma's future economic competitiveness is threatened.
Support an Annual Appropriation for OSU Medical Center
Support a continuing annual appropriation of $18.25 million for OSU Medical Center to assure
its ability to attract and retain a health system partner to stabilize its operations.
OSU Medical Center plays a vital role in providing access to care for many under - insured and uninsured
residents throughout the Tulsa region. OSU Medical Center also provides a crucial service in Oklahoma's
healthcare workforce pipeline with physician training. OSUMC is the hospital home and education center
for 154 residents and fellows and for 185 3rd -year and 4th -year medical students from OSU College of
Osteopathic Medicine (OSU COM). Most importantly, over 80% of the graduates of the OSU College of
Osteopathic Medicine stay and practice in Oklahoma.
As a public teaching hospital, OSUMC must receive public funding in order to stay open and attract on
operational partner which will allow the hospital to see patients for years to come. Closure of OSUMC
would mean the loss of over 1,000 jobs. A recent study pegged the economic impact of OSUMC at $74
million in direct dollars and $122 million in indirect impact annually to the Tulsa region. Losing OSU
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Medical Center would be crippling to the Tulsa region and the state's efforts to improve public health
outcomes.
® Preserve and Expand Insure Oklahoma
Support the preservation and expansion of Insure Oklahoma to extend health insurance
coverage to uninsured residents and cover the costs of uncompensated care that are currently
shifted to employers, healthcare providers, and individual policy holders. Use of all available
employer, state, and federal funds is crucial to the continuation and implementation a
successful program.
Approved by the legislature and funded through a vote of the people in 2004, Insure Oklahoma has been
a standout among state -based efforts to provide free- market health care solutions, offering both
employer- sponsored and individual health insurance plans. While the program was temporarily
reauthorized during the summer of 2013, it is set to expire in December 2014.
A failure to continue and seek a new waiver for this program means not just the loss of insurance for
several thousand people —and the potential tens of thousands that could be served in the future —but
the maintenance of a failing system. As it stands, uncompensated care costs —estimated to be over $500
million each year in Oklahoma — are transferred to employers, health care providers, and individual
policy holders, further exacerbating increases in overall health care costs. This system is unsustainable
and places an undue burden on our hospitals and health care infrastructure. Failure to craft a plan that
preserves and expands Insure Oklahoma threatens the financial viability of hospitals throughout the
state, as many are already barely able to keep up with the cost of providing care to the under- and
uninsured. Preserving and seeking a new waiver for Insure Oklahoma is vital to the business community
and Tulsa region and we must work to ensure this happens.
Support a State Bond Issue for the Oklahoma Museum of Popular Culture ( OKPOP)
Support a state bond issue for capital investment in the Oklahoma Historical Society's planned
Oklahoma Museum of Popular Culture to maximize private monetary and land donations.
To be located in the ever - expanding Brady District, OKPOP is already the model of a successful public -
private partnership, with over $6.5 million in funds already dedicated in a land donation, challenge
grant and funds for the construction of a parking garage. Additionally, the total economic impact of
OKPOP is estimated at over $17.5 million. This will only serve to add to the burgeoning art scene already
established and growing in the Brady, and serve to continue to bring more people from throughout the
Tulsa region — and hopefully throughout the U.S. and even the world — to Tulsa's vibrant downtown area.
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a Support the Building of the Gilcrease Expressway and Bridge
Support the building of the Gilcrease Expressway and Bridge through any funding mechanism
available in order to expedite this long overdue transportation system; a partnership with the
Oklahoma Turnpike Authority, Tulsa County, and the Oklahoma Department of Transportation is
strongly encouraged.
The original Tulsa region expressway master plan called for the construction of the Gilcrease Expressway;
the outer loop on the city's west side is the only portion of the planned system which remains
uncompleted. Completing this leg of the expressway system is vital to providing needed access and
connections for businesses, supporting economic growth, relieving traffic capacity and congestion
problems, and improving public safety. The Tulsa Regional Chamber's OneVoice partners encourage a
partnership with the Oklahoma Turnpike Authority and the Oklahoma Department of Transportation to
determine the project's feasibility and secure construction funding as soon as possible.
a Address the Physician Shortage in Oklahoma
Address the physician shortage in Oklahoma through the following initiatives:
• Funding for the expansion of OU and OSU medical school class size in Tulsa;
• Funding for additional FQHC primary care residency training positions using the
Teaching Health Center model;
Funding of the Rural Residency Program, to also include rural FQHCs, at $3 million; and
Funding for expanded loan repayment programs to incentivize physicians to locate in
rural and underserved areas through TSET and other funding sources.
Oklahoma currently ranks 49th in the number of physicians per capita, with 41 percent of our existing
physicians being 55 years or older. With a wave of physician retirements anticipated in the coming
future, the state must begin to address health core workforce pipeline issues and proactively work to
educate highly - troined, committed residents. By expanding medical school class size and increasing
physician residency s lots, we can ensure that we retain talented medical professionals and begin
addressing Oklahoma's health care challenges.
a Municipal Revenue Diversification
Support legislative action to preserve, expand, and diversify sources of revenue available to
municipalities. Key initiatives in this effort include ensuring a level playing field between
community retailers and remote /internet sellers in the collection of sales taxes, reducing the fee
the Oklahoma Tax Commission charges municipalities and counties for collecting sales taxes to
cover only the cost of collecting said taxes, and increasing the state apportionment for
municipal roads and bridges.
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Oklahoma is one of only 17 states that provide municipalities with only one source of revenue, and the
only state to restrict cities solely to sales tax. This lack of diversity in revenue streams, coupled with the
volatility of sales tax revenue in a poor economy, leaves municipalities' budgets subject to large
fluctuations and creates an overemphasis on growing retail sales — often to the detriment of other
economic development initiatives. Preventing the erosion of municipalities' existing revenue source, and
increasing their access to a diverse revenue stream, is of vital importance in maintaining the long -term
health and prosperity of Oklahoma's cities — and, by extension, the health and prosperity of Oklahoma's
businesses, communities and neighborhoods.
Feasibility Study on a New South Tulsa County Bridge
Support a feasibility study by the Oklahoma Turnpike Authority on a new South Tulsa County
bridge. A new configuration which avoids a connection to Yale Avenue on the north will mean
significant transportation, economic development, and public safety benefits to the residents of
Tulsa, Bixby, Jenks, Glenpool, and unincorporated Tulsa County, while preventing a heavy
burden on the City of Tulsa's infrastructure, providing separation from nearby neighborhoods,
and preserving the integrity of Cousins Park.
For years, residents in South Tulsa County have been limited to one bridge crossing — State Highway 64
at Memorial Avenue. This limited access has created public safety challenges, as emergency vehicles are
forced to travel significantly to reach a river crossing; led to rapidly- growing traffic congestion on
Memorial (SH 64), which is now at or nearing capacity,, and restricted significant acreage for commercial
and residential development. A new bridge is needed to resolve these concerns. Legislation has been
passed authorizing the Oklahoma Turnpike Authority to conduct o feasibility study of the bridge's
construction — we ask that this study occur as soon as possible to allow the coalition of stakeholders to
move forward.
® Return OCAST Funding to Pre - Recession Levels
Support the increase of the OCAST annual budget to a minimum of $24 million. Increased and
stable funding for OCAST will assist Oklahoma in two vital areas: (1) research and development
funding for businesses & universities, and (2) two- and four -year college internship
opportunities. Additional funding will allow Oklahoma communities to attract and retain high -
quality STEM businesses and critical college talent, which will encourage growth and expansion
in these target industries.
The mission of the Oklahoma Center for the Advancement of Science and Technology, otherwise known
as OCAST, is to diversify and grow Oklahoma's economy through strategic investment in technology and
its development, transfer and commercialization. Over the past several years, the Tulsa region and its
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businesses have formed partnerships through OCAST's programs —especially its internship programs,
which provide Tulsa area businesses an invaluable resource in hiring high quality interns. Interns placed
through OCAST's programs have an exceptionally high retention rate, meaning our region is able to
retain one of its most valuable resources: young talent.
Returning OCAST's funding to a level of $24 million will allow the agency to fully run crucial programs
such as these and continue to work to fill the dramatic skills gap that exist in Oklahoma.
® Oklahoma Quick Action Closing Fund
Increase funding for the Oklahoma Quick Action Closing Fund to a level that allows Oklahoma to
be competitive with surrounding states. Greater funding for this economic development tool
will assist in attracting high qualityjobs and industry to the state, increasing the economic
opportunity and quality of life for Oklahoma residents.
The Oklahoma Quick Action Closing Fund was created in 2011, adding a vital tool to the state's economic
development toolbox and eliminating Oklahoma's competitive disadvantage with Texas, Arkansas, and
30 other states across the nation. Since its creation, the fund has received only $7 million in
appropriations — o fraction of the amount surrounding states receive on on annual basis. The Onevoice
coalition strongly supports robustly funding the Quick Action Closing Fund in an effort to ensure our state
can attract the businesses and jobs which will continue to drive our state's economy forward.
2014 Federal Priorities
® Arkansas River Corridor Project
Support efforts to expedite the implementation of the Arkansas River Corridor Project for river
infrastructure improvements. Allow federal match credit to be accrued for state and local
expenditures in order to advance construction activity while preserving the Tulsa region's access
to future federal funding for this federally authorized project.
As one of Tulsa's greatest natural resources, the Arkansas River stands as an untapped economic
development tool that can advance our region and catalyze growth. The OneVoice coalition supports
efforts to secure appropriations at the federal level to match local, state and private funding for river
infrastructure. Authorization of $50 million for such funding was secured in the 2008 Water Resources
Development Act (WRDA). The project is in the planning phase, so the first round of appropriations is
needed for the planning and engineering, followed by full construction.
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Matching private funds have been secured at both the state and local levels, but unfortunately federal
requirements prohibiting supplanting have prevented local authorities from using these funds to begin
planning. Allowing federal match credits to be accrued for state and local expenditures would allow
planning to begin as soon as possible, while still adhering to Corps of Engineers guidelines and
maintaining the Tulsa region's eligibility for Corps funding.
® McClellan -Kerr Arkansas River Navigation System
Support increased appropriations for the McClellan -Kerr Arkansas River Navigation System to
overcome $100 million in critical maintenance backlog projects which, per definition of the
Corps of Engineers, have a greater than 50% chance of failure within the next five years. A
single failure threatens to shut down the full navigational system causing severe economic
hardship for the businesses and consumers in Oklahoma who rely on the system. The economic
impact to Oklahoma's economy from such a shutdown is estimated to be $2 million per day.
All necessary Congressional appropriations must be made to dredge the lower Mississippi River using the
Harbor Maintenance Trust Fund, as originally intended; to dredge the McClellan -Kerr Arkansas River
Navigation System from 9 feet to its congressionally authorized 12 feet; and to cover the System's
approximate $95 million in critical maintenance backlog. The Port of Catooso, Oklahoma's outlet to our
nation's transportation waterways and international distribution, is a unique resource for economic
development. Every effort should be made to ensure the Tulsa region, and the state of Oklahoma, can
capitalize on this resource.
Graduate Medical Education
Support continued and expanded funding for Graduate Medical Education /Residency Programs
through the following efforts:
• New and existing public funding for expansion of community -based primary care
residency programs including Federally Qualified Health Centers (FQHCs);
• Expansion of the Teaching Health Center model at Oklahoma FQHCs, Indian Health
Services, and medical schools serving rural, uninsured, and underserved populations;
and
Reallocation of unused residency slots from other states to Oklahoma hospitals and
Teaching Health Centers.
The federal government underwrites most graduate medical education (GME) in the US, but
unfortunately the funding has been debated and doubtful every year for over 5 years — with continuing
debates regarding cutting federal spending. GME funding is more at risk now than ever. It is critical that
the current federal support system remain in place, or physician training will become a burden our local
governments are unable to bear. Additionally, Oklahoma must take advantage of new funding for
expansion of residency programs at our Federally Qualified Health Centers in order to provide more
residency slots in primary care clinics. if we are to solve the mounting public health problems we face as
a state and nation, it is crucial that we train physicians and address the critical shortage of health care
professionals.
Reauthorization of Federal Surface Transportation Funding (MAP -21)
Support the reauthorization of federal surface transportation programs (MAP -21), including
measures to permanently and adequately fund the Highway Trust Fund and continued flexibility
for a coordinated local- and state -based decision - making process. Of key importance are the
following regional high - priority projects: reconstruction of 1 -244; widening of 1 -44 east to the
Will Rogers Turnpike; expansion of U.S. 169 to six lanes north to State Highway 20; construction
of a four -lane Port Road on Highway 266 from U.S. 169 to the Port of Catoosa, and from the Port
of Catoosa to 1 -44; expansion of US -75 to six lanes from State Highway 11 to State Highway 67;
and the implementation of high - priority transit corridors.
With the reauthorization of federal surface transportation legislation during the summer of 2012, states
were provided afar greater degree of flexibility in how federal transportation dollars are spent. In
Oklahoma, this flexibility will allow us to more quickly address our backlog of needed highway
maintenance, and work more quickly to replace the more than 700 structurally- deficient bridges that still
exist within our state.
This reauthorization, however, will only last for two years. As Congress begins debating the next
reauthorization package, we strongly encourage them to continue providing states with this flexibility.
We have an excellent secretary of Transportation, Gary Ridley; a strong history of prioritizing our
projects based upon need; and the will to invest in our transportation infrastructure. We need federal
funding to allow us to capitalize on those strengths, and provide the flexibility we need to meet
Oklahoma's top transportation needs.
• Reauthorization of the Water Resource Development Act
Support passage of the Water Resources Development Act (WRDA), including amendments
offered by the Oklahoma delegation addressing key needs in our region and its efforts to
streamline the review process. Of particular concern are:
Sct. 2026 would authorize the Corps of Engineers to allow non - federal sponsors to
conduct feasibility studies for WRDA- authorized projects, like the Arkansas River
Corridor Development Project;
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• Arndt. 867 would authorize a partnership between the stakeholders and the Corps of
Engineers to make repairs to navigation infrastructure in the event of an emergency;
• Arndt. 797 provides for a land exchange between the Corps of Engineers and the Port of
Catoosa enabling Port operations to expand and attract industrial growth to the region;
and
• Addressing infrastructure needs with Tulsa's aging levee system, which — if one fails —
would be catastrophic for homeowners, 2 nationally strategic oil refineries, and multiple
industries currently protected by levee system.
The OneVoice coalition has long been a proponent of long -term surface transportation funding. Equally
important is long -term planning for infrastructure projects, run by the Corps of Engineers. The Water
Resources Development Act — WRDA —is the tool for ensuring those funds are provided. WRDA passed
the Senate earlier this year with strong bipartisan support. It is now being deliberated in the House,
where Oklahoma's delegation is working to ensure our needs are met. Of key importance are four
amendments that directly impact the Tulsa region: expediting the feasibility study process for the
Arkansas River; allowing stakeholders and the Corps of Engineers to partner on emergency repairs to the
McClellan -Kerr Navigational Channel; expanding Port of Catooso operations; and addressing Tulsa
County's aging levee system.
Marketplace Fairness Act
Support fair and equal treatment of local businesses through passage of the Main
Street /Marketplace Fairness Act, allowing ensuring the collection of sales /use tax already owed
from online sales and preventing the further erosion of our local merchants' competitiveness.
Support provisions within the legislation that will provide fairness and clarity to service
providers involved in digital -era and technology -era fields.
Under our nation's current system of sales taxation, not all retail sales are created equal. While brick -
and- mortar retailers must remit sales and use taxes, many remote sellers —such as catalog and online
(i.e., internet) vendors — are exempt from such requirements. This creates a tremendously unfair
competitive advantage (of as much as 10 %) over their main street brick - and - mortar counterparts.
Continued growth in internet usage and online shopping compounds the problem every month Congress
fails to act to rein in the problem.
The Marketplace Fairness Act would eliminate the present system's lopsided manner of taxing
community -based retailers, make it easier for the consumer to fulfill his or her tax obligation and
promote community investment. More importantly, it would provide support for local businesses and
necessary revenue to state and local governments without adding to the federal deficit, without
establishing new taxes or increasing existing taxes. It merely establishes a uniform, more effective and
efficient means of collecting consumption taxes which are already due and owing, and eliminates a great
and unfair disparity between community based retailers and their remote, on -line competitors.
Passenger Rail between Tulsa and Oklahoma City
Support the development of passenger rail between Tulsa and Oklahoma City, including both
high speed and conventional service. Establishing rail service between Oklahoma's two main
cities will greatly enhance connectivity throughout the region and serve as an economic catalyst
providing greater access to tourist attractions and destinations.
Both Tulsa and Oklahoma City provide complementary amenities and attractions which help drive the
state's tourism market. With destinations like the BOK Center to the Philbrook in Tulsa, and the
Chesapeake Arena to the National Cowboy and Western Heritage Museum in Oklahoma City, both cities
offer excellent amenities that could only be strengthened through increased traffic between the two
areas. The development of passenger rail between Tulsa and Oklahoma City will provide endless
opportunities for economic development, and further stimulate the growth of our region and state.
® Tulsa Air National Guard Base Fuel Storage Facility
Support funding the construction of a $17 million fuel storage facility at the Tulsa Air National
Guard Base to retain the current mission and posture for the next generation fighter aircraft.
With an annual budget of $80 million, the base employs 1,200 guardsmen and plays a key role in
the continued vibrancy of the Tulsa region's aerospace community. Construction of an on -site
fuel storage facility is vital to maintaining the current mission and capturing future missions.
As it stands, the Tulsa Air National Guard base does not currently have on on -site fuel storage facility to
support its operations. instead, fuel for aircraft is hauled into the base. in order for the base to retain its
current mission and, perhaps rnore importantly, to be eligible to compete for the future generation of
fighter jets, the base must have on onsite fuel storage facility.
As such, the Tulsa region supports a $17 million federal appropriation to allow for the construction of this
facility. With an annual budget of $80 million, the base employs 1,200 guardsmen and plays a key role in
the continued vibrancy of the Tulsa region's aerospace community. Construction of an on -site fuel
storage facility is vital to maintaining the current mission and capturing future missions, as well as to
ensuring the base remains open amid future BRAG evaluations.
® Federal Tax Exemption on State and Local Bonds
Oppose efforts to eliminate or cap the federal tax exemption given to earnings from state and
local bonds. The tax exempt status help stimulates the economy by creating jobs and
infrastructure projects, and allows states and municipalities to maintain their aging
infrastructure. Efforts to eliminate or cap the federal tax exemption given to the earnings from
those bonds is short sighted, ignoring the public benefit of the exemption, and should be
opposed.
For the first time, the federal government is undertaking a comprehensive review of our tax code –
scrutinizing tax credits, economic incentives, and rates in an attempt to provide an overhaul that
positions our country for long -term success. The Senate Finance Committee is taking a "blank slate"
approach to tax credits — which means that we must be prepared to defend those credits most
important to maintaining Oklahoma industries.
As incentives are being scrutinized a top priority for the OneVoice coalition is the federal tax exemption
for city and county bonds. This is a crucial issue for Oklahoma's growth: cities and counties rely on
General Obligation Bonds to maintain their aging infrastructure. Without this exemption, casts for local
projects like street rehabilitation, water and sewer projects, and other key priorities will skyrocket —
leaving local governments without a solution to meeting their citizens' basic needs.
State Regulation of Oil and Gas Operations
Support state -level regulation of oil and gas operations, particularly hydraulic fracturing,
horizontal drilling, and produced water disposal. Recent advances in conventional technologies
have been combined to significantly increase oil and gas production and reduce dependence on
foreign sources of energy. Effective regulation, which enhances economic activity and public
safety, must be comprehensible and enforceable at the individual drill site location. Because of
this, these activities are best regulated at the state level. Washington -based regulation that is
either one - size- fits -all, or worse, attempts to encompass all operations, circumstances, and
locations would not be effective and would damage the state economy and national energy
security.
Oklahoma has a long history of energy exploration and production, and has a strong track record of
ensuring these efforts are undertaken safely and without negative environmental or social impact.
States, through their corporation commissions, are in on ideal position to monitor and regulate these
efforts as effective regulation must be comprehensible, tailored to a particular state's need, and
enforceable at individual drill site locations. A one-size-fits-all approach at the federal level damages the
energy sector's efforts, and hinders economic growth in Oklahoma. Regulation addressing hydraulic
x
fracturing, horizontal drilling, and produced water disposal should be left in the capable hands of state
regulating authorities.
Feam John
From: Chris Benge <chrisbenge @tuisachambeccom>
Sent: Wednesday, October 02, 2013 2:25 PM
To: Feary, John
Subject: 2014 OneVoice Endorsement
John,
As an important regional partner, we want to thank you for your partnership and participation in the OneVoice process
this year. Attendance in each of our ten task forces and at the OneVoice Regional Legislative Summit reached an all -time
high this year, with a record 420 -plus attendees at the Summit. The result is, yet again, a legislative agenda that reflects
the priorities of the entire Tulsa region. While each partner may have their own legislative priorities in addition to the
OneVoice Agenda, this collaborative product has proven to be a critical force with state and federal lawmakers as we
work to advance issues which impact businesses and communities throughout northeast Oklahoma and the entire state.
With the Summit completed and a list of top ten state and top ten federal priorities adopted, our staff now begins the
process of seeking endorsements for the 2014 agenda. Your endorsement and support of this annual agenda is
imperative; without your help the legislative goals encompassed within the OneVoice Agenda cannot be accomplished.
We would appreciate your endorsement before November 1" of this year, so we can begin speaking to lawmakers
immediately and print this agenda and list of endorsements in our 2014 Political Directory.
A member of our team will be reaching out to you within the next week to follow up and provide you with any additional
information you may need. If you have any questions prior to that time, please contact Man Kamas, Director of
Government Affairs - Healthcare, at (918) 560 -0278 or kiankamas @tulsachamber.com.
Respectfully,
l g
Chris Benge
Senior Vice President, Government Affairs
Tulsa Regional Chamber
This e -mail is confidential and may be privileged. if you are not the intended addressee, (i) you should not read the contents of this e -mail or any
attachments, disclose them to any other person or use them in any way, and (ii) please delete this e-mail and any attachments from your system
and notify the sender immediately. If you are the intended addressee, please do not forward or otherwise disclose this e-mail or any attachments to
any unauthorized person (for avoidance of doubt, please refer to the sender regarding authorized recipients). In the event of on unauthorized
disclosure, please notify the sender immediately,
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Earl Farris
Project Administrator
SUBJECT: 2013 -2014 Street Repair Project (Crack Sealing)
DATE: November 15, 2013
BACKGROUND:
Annually, the Capital Improvements Fund allows for the expenditure of funds to repair and/or
maintenance of residential and non - residential roadways. Street rehabilitation sites are
evaluated and selected based on a comprehensive assessment of roadway conditions. The
selection process is aimed at maximizing the taxpayer's return on investment by increasing
roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway
driving conditions and public safety.
Based on information gathered from previous years, alternatives have been developed to
further maximize taxpayer funds through the use of the state bid contract pricing for crack
sealing. Crack sealing is a method by which cracks in the streets are cleaned and filled using a
bituminous tar product which seals and extends the life of the road. Last year, the city had
approximately 79,000 linear feet of crack sealing completed at a cost of $.57 per linear feet
through state bid pricing. Included in the FY 2013 -2014 street project, the city intends to crack
seal approximately 79,545 linear feet at a cost of .44 per linear feet utilizing the state bid
contract.
111111631121 [e31
Funding for this phase of the FY 2013 -2014 Street Rehabilitation Program is included in the Capital
Improvements Fund.
RECOMMENDATION:
Staff recommends approval of a purchase order in the arnount $35,000 based on State wide bid
contract SW816 pricing for crack sealing for FY 2013 -2014 Street Rehabilitation program.
Ifi� WI r' ZITU M
A. Location Map
B. SW816 State Bid Contract for crack sealing
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CRACK SEAL PROJECT
REPAIR AND OVERLAY PROJECT
State of Oklahoma Notice of Statewide Contract
Office of Management and Enterprise Services Award
Central Purchasing
Official signed contract documents are on file with DCS- Central Purchasing.
Contract Title: Bituminous Pavement / Crack Joint Sealant
Statewide Contract #: SW816
Contract Issuance Date: 02126/13
Total Number of Vendors: 2 (For details see: Vendor Information Sheet)
Contract Period: 02/26113 through 02125/2014
Agreement Period: 02/26113 through 02/25/16
Authorized Users: All Authorized Users
Contract Priority: Mandatory
Type of Contract: Firm, Fixed Price
OMES -CP Contact: Lisa Bradley Phone: 1 - 405 - 522 - 4480
Title: SW Initiative Contracting Fax: 1 - 405 - 522 .1037
Officer
Email: Lisa.Bradiey @omes.ok.gov
Central Purchasing • Will Rogers Office Building (2401 N. Lincoln Boulevard), Suite 116 / P.O. Box 528803 •Oklahoma City, OK 73152 -8803
Telephone: 405/521-2110, Pax: 405521 -4475 • Nximdes.ok.gov
DCSIPURCHASING - FORM 071 (0112008) PAGE 1 OF 1
State of Oklahoma
Office of Management and Enterprise Services Awarded Vendors Information
Central Purchasing
Vendor Name: Keystone Services, Inc.
Vendor Address: Address: P.O. Box 218
City: Bixby
Contact Person Name: John Sherment
Title: President
Email: Keystone @olp.net
Website:
Authorized Location: ❑ Locations list attached as (attachment title)
❑ Address:
City:
Contract ID #: 0 -3363
Delivery: 45 t 50 Days
P /Card Accepted: X❑ Yes ❑ No
Other: All Authorized Users
PAGE 1 OF 1
Vendor I D#: 0000073669
State: OK Zip Code: 74008
Phone #: 1 - 918 — 366 - 4578
Fax #: 1 - 918 - 366 - 4771
State:
Minimum Order: N/A
Zip Code:
Vendor Name: Paving Maintenance Supply Inc Vendor ID #: 0000298476
Vendor Address: Address: 6600 N Industrial Blvd
City: Edmond State: OK Zip Code: 73034
Contact Person Name: Ken McBride Phone #: 1 - 405 - 340 -1438
Title: Branch Manager Fax #: 1 - 405 - 340 -1461
Email: mcbrideftoms i-usa. net
Website: www.Pmsi- usa.net
Authorized Location: ❑ Locations listing attached as (attachment title)
❑ Address:
City: State: Zip Code:
Contract ID #: 0 -3364
Delivery: 7131 Days Minimum Order: N/A
P /Card Accepted: X❑ Yes ❑ No
Other: All Authorized Users
Central Purchnsing • Will Rogers Office Building (2401 N. Lincoln B(ulevard), Suite 1161 P.O. Box 528803 • Oklahoma City, OK 73152 -8803
Telephone: 40.51521 -2110 • Fax: 4051521 -4475 • Nnmdcs.ok.goy
DCSiPURCHASING - FORM 0720 (0112008)
SERVICE: Z1 Type A Bituminous
Page
Pavement/Crack Joint Sealant
1 of 7
Contract Base Pricing
1.45000
2 3012150011000012.531
CRRNT PC Date
SERVICE: Z2 Type A Bituminous
Contract Maximum
PavemenUCrack Joint Sealant
0.00
Contract Base Pricing
1.45000
3 3012.1500 /1000012532
SERVICE: Z3 Type A Bituminous
0.00
PavemenUCrack Joint Sealant
0.00
Contract Base Pricing
1.45000
4 3012150011000012533
SERVICE: Z4 Type A Bituminous
0.00
Pavement/Crack Joint Sealant
0.00
Contract Base Pricing
1.45000
5 3012150011000012534
SERVICE: Z5 Type A Bituminous
0.00
Pavement/Crack Joint Sealant
0.00
Contract Base Pricing
1.45000
6 3012150011000012535
SERVICE: Z6 Type A Bituminous
0.00
Pavement/Crack Joint Sealant
0.00
Contract Base Pricing
1.45000
7 30121500/1000012540
SERVICE: Z7 Type A Bituminous
0.00
PavemenUCrack Joint Sealant
0.00
Contract Base Pricing
1.45000
a 3012150011000012541
SERVICE: ZS Type A Bituminous
0.00
PavemenUCrack Joint Sealant
0.00
rmm = i no price is unot aner aa7ustmems
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments if any other adjustments have been applied
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LB
LB
HIM
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Contract ID
Page
0000000000000000000003363
1 of 7
Contract Dates Currency
Rate Type Rate Date
02126/2013 to 02/25(2014 USD
CRRNT PC Date
Description:
Contract Maximum
SW Bituminous Pavement
0.00
TYPE: AGENCY IS - 09000
0002
1.00
0.00
0.00
0.00
0002
1.00
0.00
0.00
0.00
0002
1.00
0.00
0100
0.00
0002
1.00
0.00
0.00
0.00
0002
1.00
0.00
0.00
0.00
0002
1.00
0.00
0.00
0.00
0002
1.00
0.00
0.00
0.00
0002
1.00
0.00
0.00
0.00
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Contract ID
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0000000000000000000003363
2 of 7
Contract Dates Currency
Rate Type Rate Data
0212612013 to 0212MO14 USD
CRRNT PC Date
Description:
_
Contract Maximum
SW816 Bituminous Pavement
0.00
TYPE: AGENCY (S) - 09000
0.00
Final = I he price is final after adjustments
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments if any other adjustments have been applied
Contract Base Pricing
1.45000
I.B
0002
9
30121500/1000012542
1.00
0.00
0.00
0.00
SERVICE: Z9 Type A Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing
1.45000
LB
0002
90
30121500/1000012528
1.00
0.00
0.00
0.00
SERVICE: Z1 Type 8 Bituminous
PavementCrack Joint Sealant
Contract Base Pricing
1.42000
LB
0002
11
30121500/1000012529
1.00
0100
0.00
0.00
SERVICE: 22 Type B Bituminous
PavementCrack Joint Sealant
Contract Base Pricing
1.42000
LB
0002
12
3012150011000012576
1.00
0.00
0.00
0.00
SERVICE: Z3 Type B Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing
1.42000
LB
0002
13
3012150011000012577
1.00
0.00
0.00
0.00
SERVICE: Z4 Type B Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing
1.42000
LB
0002
14
30129500/1000012578
1.00
0.00
0.00
0.00
SERVICE: Z5 Type B Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing
1.42000
LB
0002
15
30121500/1000012579
1.00
0.00
0.00
0.00
SERVICE..: 76 Type 8 Bituminous
Pavement/Crack Joint Sealant
Final = I he price is final after adjustments
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments if any other adjustments have been applied
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Contract ID
Page
00000000990000ON100003363
3 of 7
Contract Dates Currency
Rate Type Rate Date
02126/2013 to 02!25!2014 USD
CRRNT PO Dale
Description:
Contract Maximum
SW816 Bituminous Pavement
0.00
TYPE: AGENCY LS) - 09000
0.00
rtnai = i no price is Imal aner adjustments
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments if any other adjustments have been applied
Contract Base Pricing
1.42000
LB
0002
16
30121500 f 1000012552
i.00
0.00
0.00
0.00
SERVICE: 7..7 Type B Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing
1.42000
LB
0002
17
30121500/1000012557
1.00
0.00
0.00
0.00
SERVICE: Z8 Type B Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing
1.42000
LB
0002
18
3012150011000012553
1.00
0.00
0.00
0.00
SERVICE: Z9 Type B Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing
1.42000
LB
0002
19
30121500/1000012573
1.00
0.00
0.00
0.00
SERVICE: Z1 Routing Bituminous
PavomenUCrack Joint Sealant
Contract Base Pricing
017000
LF
0002
20
30121500/1000012574
1.00
0.00
0.00
0.00
SERVICE: Z2 Routing Bituminous
PavemenUCrack Joint Sealant
Contract Base Pricing
0.17000
LF
0002
21
3012150011000012575
1.00
0.00
0100
0.00
SERVICE: Z3 Routing Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing
0.01000
LF
0002
22
3012150011000012551
1.00
0.00
0.00
0.00
SERVICE: Z4 Routing Bituminous
Pavement/Crack Joint Sealant
rtnai = i no price is Imal aner adjustments
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments if any other adjustments have been applied
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Contract 10
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000000000000000000003363
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_.___
Contract Dates Currency
Rate Type Rate Date
0 212 612 01 3 to 02/25/2014 USD
CRRNT PC Date
Description:
Contract Maximum
SW616 Bituminous Pavement
U0
TYPE: AGENCY(S) - 09000
_
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments If any other adjustments have been applied
Contract Base pricing 0.17000
LF
0002
23
30121500 / 1000012580
1.00
0.00
0.00
0.00
SERVICE: Z5 Routing Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing 0.17000
LF
0002
24
30121500 /1000012581
1.00
0.00
0.00
0.00
SERVICE: Z6 Routing Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing 0.17000
LF
0002
25
3012150011000012582
1,00
0.00
0.00
0.00
SERVICE: Z7 Routing Bituminous
PavemenUCrack Joint Sealant
Contract Base Pricing 0.17000
LF
0002
26
3012150011000012563
1.00
0100
0100
0.00
SERVICE; Z8 Routing Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing 0.17000
LF
0002
27
3012150011000012564
1.00
0.00
0.00
0.00
SERVICE: Z9 Routing Bituminous
Pavement/Crack Joint Sealant
Contract Base Pricing 0,17000
LF
0002
28
3012150011000012585
1.00
0.00
0.00
0.00
SERVICE: Zi Traffic Control (2 Lane
Roadway) Bituminous Pavement Crack(Joint
Sealant
Contract Base Pricing 700.00000
DA
0002
29
30121500/1000012566
1.00
0100
0.00
0.00
SERVICE; Z2 Traffic Control (2 Lane
Roadway) Bituminous Pavement Crack/Joint
Sealant
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments If any other adjustments have been applied
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Contract ID Page
D0000000000 000000003363 5 of 7
Contract Dates Currency
02(2612013 to 02!2512014 USD
Rate Type Rate Date
CRRNT PO Date
Description:
SW816 Bituminous Pavement
Contract Maximum
000
_TYPE: AGENCY 5 - 09000
Final = I lie price is final attar adjustments
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments if any other adjustments have been applied
Contract Base Pricing 700.00000
DA
0002
30
30121500 / 1000012567
1.00
0.00
0.00
0.00
SERVICE: Z3 Traffic Control (2 Lane
Roadway) Bituminous Pavement Crack/Joint
Sealant
Contract Base Pricing 700.00000
DA
0002
31
30121500 / 1000012568
1.00
0.00
0.00
0.00
SERVICE: Z4 Traffic Control (2 Lane
Roadway) Bituminous Pavement Crack/Joint
Sealant
Contract Base Pricing 700.00000
DA
0002
32
3012150011000012569
1.00
0.00
0.00
0.00
SERVICE: Z5 Traffic Control (2 Lane
Roadway) Bituminous Pavement Crack/Jolnt
Sealant
Contract Base Pricing 700.00000
DA
0002
33
3012150011000012570
1.00
0.00
0.00
0100
SERVICE: Z6 Traffic Control (2 Lane
Roadway) Bituminous Pavement Crack/Joint
Sealant
Contract Base Pricing 860.00000
DA
0002
34
3012150011000012558
1.00
0.00
0.00
0.00
SERVICE: Z7 Traffic Control (2 Lane
Roadway) Bituminous Pavement Crack/Jolnt
Sealant
Contract Base Pricing 850.00000
DA
0002
35
3012150011000012559
1.00
0.00
0.00
0.00
SERVICE: Z8 Traffic Control (2 Lane
Roadway) Bituminous Pavement Crack/Joint
Sealant
Contract Base Pricing 800.00000
DA
0002
Final = I lie price is final attar adjustments
Hard = Apply adjustments regardless of other adjustments
Skip = Skip adjustments if any other adjustments have been applied
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0000000000000000000003363
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Contract Dates Currency
Rate Type Rate Date
02/26/2013 to 02125/2014 USD
CRRNT PO Date
Description:
Contract Maximum
SW816 Bituminous Pavement
0.00
TYPE: AGENCY 5 49000
Jb
JUl27bU01 Y0UUU1Zbb0
1.00
0.00
0.00
0.00
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O-T City Wit out Limits_
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Chelsea M.E. Levo
Economic Development Director
SUBJECT: Economic Development Prospect
Project Socrates
DATE: November 15, 2013
BACKGROUND:
The City of Owasso has been working with the Tulsa Regional Chamber, the State of Oklahoma,
INCOG, Tulsa County and Cherokee Nation on a large jobs prospect to locate in the Owasso
area. The code name for the project assigned by the Oklahoma Department of Commerce is
"Project Socrates."
In late August, Economic Development representatives from the Tulsa Regional Chamber
contacted the City of Owasso regarding a worldwide company looking to make a major
investment in the Owasso area. The company was looking at ten prospective sites across the
country. Since the initial contact, staff has met with representatives from the company several
times as they have narrowed their decision to two prospective sites.
The company is proposing to build a I+ million square foot building, making over a $90 million
capital investment in the area. This opportunity will bring over one thousand new jobs to the
area. The proposed location for the business is located just outside the fenceline and is located
in the Owasso School District,
PROPOSED INCENTIVES:
Several partners have come together to propose incentives for Project Socrates. Partners
include the State of Oklahoma, Oklahoma Career Tech, Oklahoma Employment Security
Commission, Tulsa County, Cherokee Nation, Tulsa Regional Chamber, City of Owasso, and Tulsa
Tech.
The Owasso Economic Development Authority (OEDA) discussed the recruitment of Project
Socrates in executive session during their October and November regular meetings.
The Trust Indenture of the OEDA was written specifically to provide flexibility for offering
incentives to businesses interested in locating or expanding in the Owasso area. The OEDA has
more flexibility in their Trust Indenture to intent a business that is not located in our city limits but
will significantly impact the Owasso economy. The Declaration of Trust for the OEDA states the
"purposes of this Trust, for and on behalf of the Beneficiary as hereinafter described" in Article III,
Sections A, B and C:
(a) To furnish and supply to the inhabitants, owners and occupants of property, and
to industrial, commercial and mercantile establishments and enterprises within the
corporate limits of the Beneficiary and in territory in reasonable convenient proximity
thereto, and to the Beneficiary and any other governmental agencies or endeavors,
services and facilities to be employed and utilized for all purposes that the same be
authorized or proper as a function of the Beneficiary, and to fix, demand and collect
charges, rates and fees for said services and facilities to the some extent as the Beneficiary
itself might do: PROVIDED, that the furnishing of any services or facilities to any person
delinquent in the payment of any indebtedness whatsoever to the Trust may be
discontinued at any time;
(b) To promote the development of industry and culture and industrial, commercial,
manufacturing, cultural, educational and recreational activities within and without the
territorial limits of the Beneficiary but solely within the scope of paragraph (a) above, and
to thereby provide industrial, commercial, manufacturing, cultural, educational and
recreational facilities and additional employment and activities which will benefit and
strengthen culture and the economy of the Beneficiary and the State of Oklahoma;
(c) For the furtherance of the greater convenience and welfare of the Beneficiary
and the inhabitants thereof, to provide and /or to aid in providing and /or to participate in
providing to the United States of America, the State of Oklahoma, the Beneficiary, the
county or counties in which districts included in whole or in part, within the limits of either or
any of them, or to any one or more of them, facilities and /or services of any and /or all
kinds but solely within the scope of paragraphs (a) and (b) above necessary or convenient
for the functioning thereof;
The OEDA Trustees met on Thursday, November 14th and voted to recommend to the City
Council a transfer of monies from the Hotel Tax Fund to the OEDA in the amount of $500,000 for
use as an economic development incentive to Project Socrates, contingent upon successful
recruitment of Project Socrates. Legal details such as assurances, contract language and
transaction timeline are being discussed with the City Attorney and other informed partners.
RECOMMENDATION:
Staff recommends City Council authorization to transfer funds in the amount of $500,000 from the
Hotel Tax Fund to the OEDA for use as a cash incentive to Project Socrates contingent upon
successful recruitment of this project and the execution of a contract between the OEDA and
the company.
Sd
The City Wilrout Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Sherry Bishop
Assistant City Manager
SUBJECT: Rules of Procedure for Addressing the City Council
DATE: November 15, 2013
BACKGROUND:
During the August, September, October, and November worksessions, ambiguous Ordinance
language related to a citizen's opportunity to address the City Council was discussed. Staff
presented an overview of various sections of the current ordinance that outline a procedure for
persons desirous to address the City Council as well as proposed revisions that would clarify any
confusion regarding the city's process.
Based on those discussions, Ordinance No. 1027 has been drafted for City Council consideration
and appropriate action. This ordinance would amend Part Two, Administration & Government,
Chapter Four, Rules of Procedure for the City Council, Section 2412 of the Code of Ordinances.
PROPOSED ORDINANCE:
The proposed amendments to the Ordinance are shown below using strikethroughs for
language to be deleted and red highlight for language to be added. The proposed Ordinance
is attached for your review.
SECTION 2 -412: ADDRESSING THE COUNCIL
Any person desiring to address the council during the meeting shall first seeure
*die peirmissiea 4ef seek the waayer Mayor's recognition to do so; ,
A. Written communications. Interested parties or their authorized
representatives may address the council by written or electronic communications. is
B. Oral communications. Taxpayers or residents of the city, or their
authorized legal representatives, may address the council by oral communications on
any matter concerning the city's business, or any matter over which the council has
control; provided, however, preference shall be given those persons who have notified
the city clerk in advance of their desire to speak in order that same may appear on the
agenda of the city council. Absent an emergency situation, no action will be taken by
the city council on a matter deemed not listed on the agenda and falling within the new
business section of the agenda.
RECOMMENDATION:
Staff recommends Council adoption of Ordinance No. 1027.
F II %C41:k711Q,
Ordinance No. 1027
Memo dated October 8, 2013: Rules of Procedure for Addressing the City Council
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 1027
AN ORDINANCE AMENDING PART 2, ADMINISTRATION & GOVERNMENT, CHAPTER 4, RULES OF
PROCEDURE FOR THE CITY COUNCIL, BY AMENDING SECTION 2 -412, ADDRESSING THE
COUNCIL, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT:
SECTION ONE (1): AMENDMENT OF SECTION 2 -412
Part Two, Administration & Government, Chapter Four, Rules of Procedure for the City
Council, Section 2 -412 of the Code of Ordinances of the City of Owasso, Oklahoma shall be
amended to read as follows:
SECTION 2 -412 ADDRESSING THE COUNCIL
Any person desiring to address the council during the meeting shall first seek the
Mayor's recognition to do so:
A. Written communications. Interested parties or their authorized representatives
may address the council by written or electronic communications.
B. Oral communications. Taxpayers or residents of the city, or their authorized
legal representatives, may address the council by oral communications on
any matter concerning the city's business, or any matter over which the
council has control; provided, however, preference shall be given those
persons who have notified the city clerk in advance of their desire to speak in
order that same may appear on the agenda of the city council. Absent an
emergency situation, no action will be taken by the city council on a matter
deemed not listed on the agenda and falling within the new business section
of the agenda.
SECTION TWO (2): REPEALER
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to
the extent of the conflict only.
SECTION THREE (3): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FOUR (4): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION FIVE (5): CODIFICATION
This ordinance shall amend Part 2, Chapter 4, Section 2 -412 of the Owasso Code of
Ordinances.
PASSED by the City Council of the City of Owasso, Oklahoma on the day of
November, 2013.
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombard, City Attorney
2
Doug Bonebrake, Mayor
nTity Wit out Lim ifs.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Sherry Bishop
Assistant City Manager
SUBJECT: Rules of Procedure for Addressing the City Council
DATE: October 8, 2013
BACKGROUND:
The Open Meeting Act does not require a public body to provide opportunity for individuals to
express their views; the City of Owasso has a long standing practice of permitting citizens to
address the Council as illustrated in Ordinance No. 347, approved in 1985. This topic arose
following a citizen request to address members of the City Council during a regular meeting and
confusion with the warding contained in Section 2 -412 that sets the rules of procedure for
addressing members of the Council. This section states that any person desiring to address the
council shall first secure the permission of the Mayor to do so. However, it is not specific as to
when a person must secure permission of the Mayor.
In 1985, the Council adopted Ordinance No. 347 setting, among other things:
+ Section 2 -404 (Agenda) the process for submitting items to be included on a meeting
agenda;
Section 2 -409 (Order of Business) the order in which council business is to be conducted,
and
Section 2 -412 (Addressing the Council) outlining the procedure by which an individual
can address the council.
These three particular sections of the Ordinance together provide a framework for citizens who
desire to have an item placed on an agenda or to address the Council. However, when read
separately, these sections can create confusion
as experienced recently.
During the August and September Council worksessions, discussion was held regarding the city's
current procedure and procedures used by other communities as a means for providing citizens
an opportunity to address Council members. Following discussion, the Council requested staff
review the current ordinance language and propose revisions that would clear up any
confusion regarding the city's process.
ORDINANCE REVIEW:
SECTION 2 -404, AGENDA:
This section of the Ordinance outlines the process for placing items on a Council agenda for
consideration. To summarize, all matters to be submitted to the council shall be delivered to the
city clerk at least five calendar days prior to the council meeting. The city clerk will arrange
each matter according to the order of business (Section 2 -409) and furnish copies to each
member of the council, the city manager, and the city attorney. In addition, this section states
that matters placed on the agenda shall be by request of the council, city manager, city clerk,
or city attorney.
It is important to note that this section does not endorse the inclusion of iterns on an agenda by
the citizens at large. Staff has interpreted language from Section 2 -404 (deliver five days before
meeting to city clerk) and 2 -412 (notified city clerk ... so that same may appear on agenda) as
the process by which citizens can place a matter on a Council agenda.
SECTION 2 -409, ORDER OF BUSINESS:
This section of the Ordinance contains subsection A and subsection B. In 2010, the Council
approved Ordinance No. 969 amending subsection B to read "the business of the City shall be
taken up for consideration and disposition by the Council in the order set forth in the ordinance
or according to the posted agenda." This amendment was necessary due to the language
being outdated and not accurately reflecting the current practices followed by the City
Council.
Subsection B indentifies the order in which the city clerk assembles the agenda for city business
to be considered and disposed:
1. Call to order;
2. Flag salute;
3. Roll call;
4. Consideration of Consent Agenda;
5. Introduction and adoption of resolutions and ordinances;
6. Consideration of petitions, contracts, and communications;
7. Report from City Manager;
8. Report from City Attorney;
9. Report from City Councilors;
10. New business; and
11. Consideration of requests for Executive Sessions, as permitted by law
SECTION 2 -412, ADDRESSING THE COUNCIL.:
This section of the Ordinance states that any person desiring to address the council shall first
secure the permission of the Mayor to do so. A further provision in this section states that under
"certain headings of business," persons may address the council without securing prior
permission. Those headings of business are written communications and oral communications.
This would assume that during a meeting, under an item titled "Communications," a person may
address the Council without securing permission of the Mayor. However, the language used to
construct this section is conflicting and the intent of seeking the permission of the Mayor is open
to interpretation.
Currently, citizens are afforded an opportunity to comment on business matters listed on the
meeting agenda, following the Mayor's invitation for public comment. A citizen who would like
to add a specific matter of business to a Council agenda can do so by notifying the City Clerk
at least five days prior to the meeting. Additional opportunities for citizens to address members
of the Council outside of a meeting are by written and electronic correspondence.
PROPOSED ACTION:
Since 1985, the formatting for agendas and wording of business matters has evolved to
accommodate the continuously changing circumstances and contingencies which inevitably
arise with public meetings. While a comprehensive review and revision of the Ordinance may
be needed, staff is of the opinion that a few simple wording changes may alleviate the most
recent confusion in Section 2 -412,
SECTION 2 -412: ADDRESSING THE COUNCIL
Any person desiring to address the council during the meeting shall first sec -ure -t#e
pem- �issiera -of seek the mGyer Mayor's recognition to do so; pro-vtdec!A, that Rde
#oltow ag heed ngs e# bt�s ae3s a+�y q uelif +ed-- persea E aay address #k�e ee ae l without - wearing
PrGr- Per4*45S}an
A. Written communications. Interested parties or their authorized representatives
may address the council by written or electronic communications. fa regard -te- aot#ers then
ande�d+sc- assiai -�:
B. Oral communications. Taxpayers or residents of the city, or their authorized legal
representatives, may address the council by oral communications on any matter concerning
the city's business, or any matter over which the council has control; provided, however,
preference shall be given those persons who have notified the city clerk in advance of their
desire to speak in order that same may appear on the agenda of the city council. Absent an
emergency situation, no action will be taken by the city council on a matter deemed not listed
on the agenda and falling within the new business section of the agenda.
Further discussion remains with the City Council.
ATTACHMENT:
Part 2, Administration and Government, Chapter 4 - Rules of Procedure for City Council
Administration and Government
CHAPTER 4
RULES OF PROCEDURE FOR THE CITY COUNCIL
Section 2 -401 General Provisions
Section 2 -402 Regular Meetings
Section 2 -403 Special Meetings
Section 2 -404 Agenda
Section 2 -405 Presiding Official; Election of Duties
Section 2 -406 Order
Section 2-407 Roll Call
Section 2 -408 Quorum
Section 2 -409 Order of Business
Section 2 -410 Reading of Minutes
Section 2-411 Rules of Debate
Section 2-412 Addressing the Council
Section 2 -413 Addressing the Council After Motion Made
Section 2-414 Manner of Addressing Council, Time Limit
Section 2415 Decorum
Section 2 -416 Enforcement of Decorum
Section 2 -417 Special Committees
Section 2 -418 Standing Committee
Section 2 -419 Members May File Protest Against Council Action
Section 2 -420 Claims Against City
Section 2 -421 Ordinances, Resolutions, Motions and Contracts
Section 2-422 Adjournment
Section 2 -423 Disturbing Council Meetings
SECTION 2 -401 GENERAL PROVISIONS
The following provisions, unless modified by subsequent ordinance consistent with Section 1 -106 of
this code, shall govern the conduct of all regular, special and emergency meetings of the city council of
the city. (Ord. No. 347, 11/5/85)
SECTION 2 -402 REGULAR MEETINGS
A. Time. The city council shall hold regular meetings on the first and third Tuesday of each
month at 6:30 P.M.; provided, however, that when the day fixed for any regular meeting of the city
council falls on a day designated by law as a legal or national holiday, a day wherein an election is held
within the city, or a day wherein a majority of the members of the city council shall be absent from the
city, the council, not less than ten (10) days prior to the date for implementation of any such change, may,
by motion, change the date, time or place of a regularly scheduled meeting of the city council, provided
written notice thereof is contemporaneously given the city clerk of the city. (Ord, No. 583, 7/21/98)
B. Place. All regular meetings of the city council shall be held in the council chambers, 109
North Birch, Owasso, Oklahoma, unless the location of a meeting shall be changed as provided in
subsection A hereof. (Ord. No. 347, 11/5/85; Ord. No. 969, 7/20/10)
SECTION 2 -403 SPECIAL MEETINGS
The mayor may call special meetings of the city council whenever in his or her opinion the public
business may require it, or a special meeting shall be called at the express written request of any three (3)
members of the city council. Whenever a special meeting shall be called, a notice in writing signed by
Page 2 -13
Administration and Government
the mayor or the city clerk attesting to the mayoral call shall be served upon each member of the council
either in person or by notice left at the council member's place of residence, stating the date, place and
hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted
thereat, except such as is stated in the notice. (Ord. No. 347, 11/5/85)
SECTION 2 -404 AGENDA
All reports, communications, ordinances, resolutions, contract documents, or other matters to be
submitted to the council shall, at least five (5) calendar days prior to each council meeting, be delivered to
the city clerk, whereupon the city clerk shall arrange a list of such matters according to the order of
business and furnish each member of the council, the city manager and the city attorney with a copy of
same prior to the council meeting and as far in advance of the meeting as time for preparation will permit.
The foregoing should not be interpreted as precluding the utilization of addendum to the agenda; provided
however, that same complies with the requirements of the Oklahoma Open Meeting Act, and further, is of
an urgent nature as well as concerns a matter which could not have otherwise been transmitted to the city
clerk in a timely fashion. Inclusion of the foregoing matters on the agenda shall be by request of the
mayor or council member or by the city manager or the city clerk or the city attorney of the city.
Administrative officers may present matters for inclusion on the agenda, provided however, prior
approval thereof has been given by the city manager of city. (Ord. No. 347, 11/5/85)
SECTION 2 -405 PRESIDING OFFICIAL: ELECTION OF DUTIES
A. The presiding official of the city council shall be the mayor who shall be elected annually at
the first meeting in May of each year, by the members from their membership. The mayor shall assume
the chair of the presiding official immediately after his election.
B. The presiding official shall preserve strict order and decorum at all regular, special and
emergency meetings of the city council. He shall state every question coming before the council,
announce the decision of the council on all subjects and decide all questions of order; subject, however, to
an appeal to the council, in which event a majority vote of the council shall govern and conclusively
determine such question of order. He shall vote on all questions, his name being called last. He shall sign
all ordinances and resolutions, and all other obligations of the city as authorized by the city council,
adopted by the council during his presence. In the event of the absence of the mayor, a vice- mayor,
elected from the membership at the first meeting in May of each year, shall be the presiding official, as
well as sign all ordinances, resolutions or obligations of the city as adopted by the city council, during his
presence. (Ord. No. 347, 11/5/85)
SECTION 2 -406 ORDER
The mayor, or in his absence, the vice - mayor, or upon the occurrence of three (3) councilpersons
being present, the city clerk, or his assistant, shall call the council to order; whereupon a temporary
chairman shall be elected by the three (3) members of the council present. Upon the arrival of the mayor
or vice- mayor, the temporary chairman shall immediately relinquish the chair upon the conclusion of the
business immediately before the council. (Ord. 347, 11/5/85)
SECTION 2-407 ROLL CALL
Before proceeding with the business of the council, the city clerk or his deputy shall call the roll of
the members, and the names of those present shall be entered in the minutes. (Ord. No. 347, 11/5/85)
Page 2 -14
Administration and Government
SECTION 2-408 QUORUM
A majority of all the members elected to the council shall constitute a quorum at any regular,
special or emergency meeting of the council. In the absence of a quorum, the mayor or vice -mayor in the
mayor's absence, shall, at the instance of any council member's present, compel the attendance of absent
members. (Ord. No. 347,11/5/85)
SECTION 2 -409 ORDER OF BUSINESS
A. All meetings, regular, special and emergency, except executive sessions as authorized by law,
shall be open to the public. No person shall be barred unless such person is disorderly or refuses to obey
the order of the mayor, or vice -mayor in the mayor's absence, or temporary chairman upon the event of
absence of either the mayor or vice - mayor, who may order the chief of police or any attending police
officer to eject any such person. The police department shall have at least one officer present or standing
by at each council meeting.
B. Promptly at the hour set by law on the day of each regular, special or emergency meeting, the
members of the city council, the city manager, the city clerk and the city attorney shall take their regular
stations in the council chambers and the business of the city council shall be taken up for consideration
and disposition in the following order or according to the posted agenda:
1. Call to order;
2. Flag salute;
3. Roll call;
4. Consideration of Consent Agenda
5. Introduction and adoption of resolutions and ordinances;
6. Consideration of petitions, contracts and communications;
7. Report from City Manager
8. Report from City Attorney
9. Report from City Councilors;
10. New business; and
11. Consideration of request for executive sessions. An executive session for any
permitted purpose under Oklahoma law may be listed in any location on an agenda.
(Ord No. 969, 7/20/10)
C. REPEALED (Ord. No. 347, 11/5/85; Ord. No. 969, 7/20/10)
SECTION 2 -410 READING OF MINUTES
Unless the reading of the minutes of a council meeting is requested by a member of the council,
such minutes may be approved without reading if the city clerk has previously furnished each member
with a synopsis thereof. (Ord. No. 347, 1 1/5/85)
SECTION 2 -411 RULES OF DEBATE
A. Mayor or vice -mayor may debate and vote. The mayor, vice -mayor or temporary chairman,
as the case may be, may move, second and debate from the chair, subject only to such limitations of
debate as are by these rules imposed on all members and shall not be deprived of any of the rights and
privileges of a council member by reason of acting as the presiding officer.
B. Getting the floor, improper references to be avoided, interruptions. Every member desiring to
speak shall address the chair, and say, "Mr. Mayor ", and such member shall not proceed with the
member's remarks until named and recognized by the presiding officer. If any member is speaking, or
Page 2 -15
Administration and Government
otherwise transgresses the roles of the city council, the mayor shall, or any member may, call such person
to order, and the member called to order shall immediately cease, unless permitted to explain, and the
council, if appealed to, shall decide without debate. If the decision be in favor of the member called to
order, he shall be at liberty to proceed. If against him and the case requires, he shall be liable to the
censure of the council. No person shall speak more than twice on the same question, unless permitted by
the council. No member of the council shall leave his seat to speak to any other member of the council or
any other person in the council chamber without first obtaining permission of the mayor. When the city
council is in session, or when a member is speaking, or the city clerk is reading any paper to the city
council, no member shall in any way disturb the proceedings of the city council. No member of the city
council shall be permitted to talk upon any one given subject longer than five (5) minutes at any given
meeting, except when permission be granted for an extension of time by a two- thirds (2/3) vote of the
members present at such meeting of the council. No members of the council shall, at any time in
addressing any meetings thereof, indulge in any personalities or indecorous language or in any matters or
things not pertaining to the subject under discussion. The right of the floor of the council shall be
accorded only to the members of the council and to the appointive officers of the city unless otherwise
provided for herein.
C. Privilege of closing debate. A council member moving for the adoption of an ordinance or
resolution shall have the privilege of closing the debate thereon. In all other cases the closing of debate
shall be governed by the presiding official unless by two - thirds (2/3) vote of the members present at such
meeting the council decides to extend debate for a time certain.
D. Motion to reconsider. A motion to reconsider may be made either immediately during the
same session, or at a recessed and reconvened session thereof only. Such motion need not be made by
one not of the prevailing side, and be seconded by any council member. Such motion shall take
precedence over all other motions and it shall be debatable.
E. Remarks of council members when entered in the minutes. Any council member may
request, through the presiding official, the privilege of having an abstract of the council member's
statement on any subject under consideration by the council entered in the minutes. If the council
consents thereto, such statement shall be entered in the minutes.
F. Synopsis of debate -when entered in the minutes. The city clerk may be directed by the
presiding official, with consent of the council, to enter in the minutes a synopsis of discussion on any
question coming regularly before the council.
G. Motions. When a question before the council contains several propositions, any member may
call for a division of the question so as to vote on each proposition separately. Unless such request for
division is made, after preliminary discussion of an agenda item, the mayor shalt, consistent with these
rules, call the matter for determination by the council. Subsequent to the mayor calling the matter for
determination, the procedure shall be as follows:
1. Main motion. Any member of the council desiring to offer a motion on a particular
agenda item shall so indicate by raising his or her hand to obtain the mayor's recognition. Subsequent to
the mayor recognizing the member, the member will thereupon, in clear and concise terms, move to:
a. Continue the matter;
b. Table the matter indefinitely;
C. Take a certain course of action;
d. Approve for award a bid pending the signing of the contract and furnishing the
required bond;
e. Adoption of Ordinance No. and that the reading of the ordinance be
waived;
Page 2 -16
Administration and Government
I, Adoption of Resolution No. and that the reading of the resolution be
waived;
g. Approve or reject the claim of in the amount of; or
h. Approve consent agenda items.
Thereafter, members desiring to second such motion shall so indicate to the mayor by raising the
member's hand. Subsequent to the main motion receiving a second, the mayor shall call for a vote;
whereupon, the city clerk shall in varying order, with the mayor being called last, call for a roll call vote.
In all cases, the member making the motion, the member seconding the motion and the vote of the
members thereon shall be entered in the minutes of the council. Every council member abstaining from
voting on a motion or being silent to same shall be recorded as having cast a negative vote on such matter.
2. If no member offers a motion on an agenda item, the mayor shall again call for a.
motion. If no motion is presented after the second calling, the mayor shall declare the item fails for lack
of motion. Similarly, if no one seconds another member's motion, the mayor shall, after calling twice
therefore, declare that the motion fails for lack of a second.
Upon a motion having been offered and seconded, the mayor shall call for a vote.
4. Any time prior to the mayor's calling for vote of the council, a member may move to
amend the motion, which shall require a second. An amendment must be germane to the main motion
and be accepted by the member making the main motion and the member seconding same, if applicable.
H. Items previously voted on by council. An item previously decided by the city council may be
placed on the agenda as a new item of business only under the following circumstances:
1. When the vote by the city council occurred at least six (6) months before the item again
appears on the agenda;
2. Annually, when council members have been sworn into office and the item was voted
on by the previous council.
1 This section shall not apply to any matters dealing with initiation, prosecution, defense
or settlement of litigation brought by or against the city, its employees or agencies.
(Ord. No. 347, 11/5/85)
SECTION 2 -412 ADDRESSING THE COUNCIL
Any person desiring to address the council shall first secure the permission of the mayor to do so;
provided, however, that under the following headings of business, any qualified person may address the
council without securing prior permission:
A. Written communications. Interested parties or their authorized representatives may address
the council by written communications in regard to matters then under discussion.
B. Oral communications. Taxpayers or residents of the city, or their authorized legal
representatives, may address the council by oral communications on any matter concerning the city's
business, or any matter over which the council has control; provided, however, preference shall be given
those persons who have notified the city clerk in advance of their desire to speak in order that same may
appear on the agenda of the city council. Absent an emergency situation, no action will be taken by the
city council on a matter deemed not listed on the agenda and falling within the new business section of
the agenda. (Ord. No. 347, 11/5/85)
Page 2 -17
Administration and Government
SECTION 2 -413 ADDRESSING THE _COUNCIL AFTER MOTION MADE
After a motion is made by the council, no person shall address the council without first securing
permission of the council to do so. (Ord. No. 347, 11/5/85)
SECTION 2 -414 MANNER OF ADDRESSING COUNCIL TIME LIMIT
Each person addressing the council shall stand up and seek the mayor's recognition. Upon
recognition by the mayor, such person addressing the council shall give his name and address in an
audible tone of voice for the records, and unless further time is granted by the council shall limit his
address to five (5) minutes. All remarks shall be addressed to the council as a body and not to any
member thereof. No person, other than the council and the person having the floor, shall be permitted to
enter into any discussion, either directly or through a member of the council, without the permission of
the mayor. No questions shall be asked of the councilman except through the mayor. (Ord. No. 347,
11/5/85)
SECTION 2 -415 DECORUM
A. By council members. While the council is in session, the members must preserve order and
decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or
the peace of the council nor disturb any member while speaking or refuse to obey the orders of the
council or its mayor, except as otherwise herein provided.
B. By persons. Any person making personal, impertinent, or slanderous remarks or who shall
become boisterous and unruly while addressing the council shall be forthwith, by the mayor, bared from
further audience before the council, unless permission to continue be granted by a majority vote of the
council. (Ord. No. 347, 11/5/85)
SECTION 2 -416 ENFORCEMENT OF DECORUM
The chief of police, or such member or members of the police department as he may designate,
shall be sergeant -at -arms of the council meetings. He, or they, shall carry out all orders and instructions
given by the mayor for the purpose of maintaining order and decorum of the council meeting. Upon
instructions of the presiding official, it shall be the duty of the sergeant -at -arms, or any of them present, to
place any person who violates the order and decorum of the meeting under arrest, and cause him to be
prosecuted under the provisions of this code, the complaint to be signed by the presiding official. (Ord.
No. 347, 11/5/85)
SECTION 2 -417 SPECIAL COMMITTEES
All special committees shall be appointed by the presiding official, with confirmation by the
council. (Ord. No. 347, 11/5/85)
SECTION 2 -418 STANDING COMMITTEE
The only standing committee of the council shall be the committee of the whole. The mayor shall
be the presiding official of the committee of the whole, and the rules of proceedings of the council shall
be observed in a committee of the whole as far as the same may be applicable. (Ord. No. 347, 11/5/85)
SECTION 2 -419 MEMBERS MAY FILE PROTEST AGAINST COUNCIL ACTION
Any member shall have the right to have the reasons for his dissent from, or protest against, any
action the council entered on the minutes. (Ord. No. 347, 11/5/85)
Page 2 -18
Administration and Government
SECTION 2 -420 CLAIMS AGAINST CITY
No account or other demand against the city shall be allowed until the same has been considered
and reported upon and approved by the council. (Ord. No. 347, 11/5/85)
SECTION 2 -421 ORDINANCES. RESOLUTIONS MOTIONS AND CONTRACTS
A. Ordinances. All ordinances, unless otherwise provided for herein, shall be prepared by the
city attorney. No ordinance shall be prepared for presentation to the council unless ordered by a majority
vote of the council, or requested in writing by the mayor or city manager.
B. Prior approval by administrative staff. All ordinances, resolutions and contract documents
shall, before presentation to the council, have been approved as to form and legality by the city attorney
or his authorized representative, and further, such shall have been examined and approved for
administration by the city manager or his authorized representative, where there are substantive matters of
administration involved. All such instruments shall have first been referred to the head of the department
under whose jurisdiction the administration of the subject matter of the ordinance, resolution or contract
document would devolve and be approved by the department head; provided, however, that if approval is
not given, then the same shall be returned to the city manager with a written memorandum of the reasons
why such approval is withheld. In the event the questioned instrument is not redrafted to meet a
department head objection, or objection is not withdrawn and approval in writing given, then the city
manager shall so advise the council and give the reasons advanced by the department head for
withholding approval.
C. Ordinances and resolutions, introduction for passage and approval.
1. Ordinances and resolutions must be introduced and sponsored by a member of the
council, except that the city manager may present ordinances and resolutions, and any council member
may assume sponsorship thereof by moving that such ordinance or resolution be adopted; otherwise, they
shall not be considered.
2. No ordinance shall relate to more than one subject, which shall be clearly expressed in
its title.
3. When any person, persons or corporations shall present an ordinance to the council
asking for any franchise, lease, privilege, right -of -way, occupancy or otherwise, of any street, alley,
wharf, landing, park, square, or any public ground or property, or any extension of a previous grant of the
same or the closing of any street or alley, they shall furnish to the council an original and eight (8) copies
of the ordinance printed, and if required by a majority vote of the council, the person, persons, or
corporations presenting such ordinance shall provide each member of the council, the city manager, the
city attorney, and the city clerk, a plat of the property. No ordinance shall be considered until these terms
have been complied with.
(Ord. No. 347, 1115185)
Page 2 -19
Administration and Government
SECTION 2 -422 ADJOURNMENT
A motion to adjourn shall always be required to end any meeting of the council. Further, a motion
to adjourn shall always be in order and decided without debate. (Ord. No. 347, 11/5/85)
SECTION 2-423 DISTURBING COUNCIL MEETINGS
It is unlawful for any person to, during the course of any regular, special or emergency meeting of
the city council of the City of Owasso, Oklahoma, engage in any conduct calculated to or resulting in a
disruption or disturbance of the administration of the public business coming before the city council. Any
person deemed in violation of this ordinance may be summarily removed from the council chambers of
the city hall by the sergeant -at -arms on order of the presiding official of any meeting. Any violation of
this ordinance may be punishable in the manner provided in Section 1-108 of this code. (Ord. No. 347,
11/5/85)
Page 2 -20
nTh,ity Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney
SUBJECT: Proposed settlement in First Presbyterian Church v. City of Owasso, CJ -13 -3796
DATE: November 15, 2013
BACKGROUND:
On August 15, 2013, an inverse condemnation action was filed in the District Court of Tulsa
County by the First Presbyterian Church of Owasso against the City of Owasso alleging the City
took and appropriated the West 33.5 feet of the East 50 feet of the church's property without
compensation during the 1291h East Avenue widening project. Upon review, staff determined
that a taking of the landowner's property had occurred without compensation. The Court
appointed three Commissioners to inspect and appraise the property at a hearing on
September 10, 2013. The Commissioners' Report was filed one month later on October 12, 2013,
and valued the land at $46,062 at the time of the taking.
The landowner has offered to settle this matter for payment of the following by the City:
Commissioners' Award $46,062.00
Commissioners' Fees $ 2,625.00 ($875 X 3)
Attorney Fees $15,200.46 (1/3 amount of Commissioners' Award)
Court Fees 400.70
TOTAL $64,288.16
The attorney fee requested by the landowner is equal to 1/3 of the Commissioners' Award and is
within the expected range of attorney fees the court might award. The City would additionally
be liable for payment of the Commissioners' Fees and related court costs.
PROPOSED ACTION:
Accept the landowner's offer to settle this matter for payment of the Commissioners' Award, the
Commissioners' Fees, an attorney fee and related court costs, and authorize a total payment in
the amount of $64,288.16 to be made in settlement of this litigation.
RECOMMENDATION:
Staff recommends City Council authorization to settle this case and make payment of the
Commissioners' Award in the amount of $46,062, Commissioners' Fees in the amount of $2,625,
attorney fees of $15,200.46, and additional court costs of $400.70 for a total settlement of
$64,288.16.
ATTACHMENT:
Report of Commissioners
0
I 11
t t a 2 3 0 9 4 3 2 5
IN THE DIS I QI�R P OK LAHOMA ULSA COUNTY
;�JyY Q}
FIRST PRESBYTERIAN CHURCHOF, ) DISTRICT COURT
OWASSO, an Oklahoma not fprprofitcorporation, j ` L $T
Plaintiff, )
Case No. CJ -13 -3746 OCT 142013
V. - ) Judge Dana Kuehn
S4LLYHOWESMITH, COn(iT CLERK
CITYOEOWASS politic, OKLAHOMA, ) STATE OF Wk IVMCWUTY
a corporate body politic, )
)
Defendant. )
REPORT OF COMMISSIONERS
tZMI'rNOW the undersigned, and pursuant to the Order entered on the A day of
F:
SeptenAr, 2glp by the Judge of the above -named Court authorizing and directing the .
c+ _'
under%ed ts=i'artially and justly inspect the lands hereinafter described and appraise the
damaga°s and *ea compensation to which the Plaintiff, FIRST PRESBYTERIAN CHURCH OF
OWASSO, is entitled to receive by reason of th6 taking by the Defendant, CITY OF 0 WASSO,
OKLAHOMA, of the property belonging to the Plaintiff as described in its Petition; and for our
REPORT herein respectfully show and state to the Court:
1. That we are each freeholders of Tulsa County, Oklahoma, not interested in this
matter or a like question or controversy; and have heretofore taken and subscribed an oath for the
faithful performance of our duties herein, and have been served with a copy of the Order of the
Judge of this Court entered on the 1*7 ot day of September, 2013.
1 That we are each personally familiar with the property hereinafter described and ,
have made actual inspection and traverse thereof, and have considered the worth and value of said
properly, and the compensation due th;i owners hereinafter named on account of the alleged taking
of a portion of such property asset o::: in the Order of this Court, above referred to, having regard f
i
SHEILA R. BRUNTON
7228 S Atlanta Place
Tulsa, Oklahoma 74136
Mobile 706 -1852
Statement of Account
October 9, 2013
Re: First Presbyterian Church of Owasso, an Oklahoma not for profit corporation,
Plaintiff, v City of Owasso, Oklahoma, a corporate body politic, Defendant.
Case No. CJ -2013 -3796
�aveavav ama vmacaa amuaq maavasmv vsv vaa mm•ammmmams aae •am amuv•ma•maaaa •aamumsemv
9/16/2013
Received appointment, began contacting all parties, sign oath.
1.00
9/26/2013
Meeting at site including driving time to Owasso.
2.00
9/30/2013
Received comparable data from Foster Atty, research data.
.50
10/3/2013
Contacted City of Owasso requested comparables from appraisal
spoke with Jim and George, Contacted Foster office re: comps pg 2.
.50
10/4/2013
Meeting with Commissioners, contact Roger Stevens for comparables.
1.50
10/8/2013
Meeting with Commissioners, calculate damages.
1.50
10110/2013
File Report.
NC
Hours Total 7.00
Total Hours 7.0 Billed @ $125.00 per hour $875.00
Respectftilly submitted,
Sheila R. Brunton
JIM CLARK
P.O. BOX 33195
TULSA, OK 74153 -1195
STATEMENT
First Presbyterian Church of Case No. CJ2013 -03796
Owasso, an Okla. not for profit corporation
vs
City of Owasso, Oklahoma Judge Dana L. Kuehn
a corporate body politic,
Defendant
9/16/13
Received assignment and set up file
1.0
9/26/13
Meeting at site with attorney and church
$875.
and Owasso representative
2.0
10/02/13
Conference with commissioners
1.5
10/03/13
Preparation for meeting with commissioners
1.0
10/04/13
Meeting with commissioners, reviewed
comparables
1.5
10/08/13
Commissioners meeting and conclusion
of report
1.5
TOTAL HOURS
8.5
BILLABLE HOURS
7.0
TOTAL DUE
$875.
Thank you!