Loading...
HomeMy WebLinkAbout2014.07.01_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Regular Meeting /YZ ` V`4D July 1, 2014 6:30 Pm C/g Council Chambers, Old Central Building S� 109 N Birch, Owasso, OK 74055 1. Call to Order Mayor Jeri Moberly 2. Invocation Pastor Shane Cheek of The Owasso Pentecostal Church 3. Flag Salute 4. Roll Call 5. Presentation of the Character Trait of Humility Caitlin Turner,YMCA Youth Development Director 6. 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 June 17, 2014 regular meeting B. Approval of claims C_ Acceptance of sanitary sewer infrastructure for the Lakeridge III residential development located at N 123rd E Avenue and E 91st St North D_ Authorization to discharge fireworks and approval of a public fireworks display to be conducted on July 3, 2014 free of charge to the public and sponsored by Stone Canyon Community Lake Association in celebration of Independence Day E. Authorization to discharge fireworks and approval of a public fireworks display to be conducted on July 4, 2014 free of charge to the public and sponsored by the City of Owasso in celebration of Independence Day F. Adoption of Ordinance No_ 1034, annexing lands referenced in OA 14 -01 and rezoning OZ 14 -03 from Agricultural to Office Medium for property located in the NE/4 SW 14 of Section 9 Township 21 North, Range 14 East, north of Rejoice Christian School campus. This item is listed in the consent section of the agenda based on Council action taken June 17, 2014 to approve the annexation and rezoning request. G. Approval of Normal Retirement Benefits from the City's Oklahoma Municipal Retirement Fund (OMRF) Plan for Allan Harder Documents: 2014.06.17 COUNCIL MINUTES.PDF, CITY COUNCIL CLAIMS LIST.PDF, LAKERIDGE III.PDF, STONE CANYON SPONSORED FIREWORKS.PDF, CITY SPONSORED FIREWORKS.PDF, ORDINANCE 1034_POF, OMRF RETIREMENT.PDF 7. Consideration and appropriate action relating to items removed from the Consent Agenda 8. Consideration and appropriate action approving Resolution No. 2014 -05, amending the current list of projects funded by the third penny sales tax, to include the intersection improvements at E 116th St North and N 129th E Avenue Teresa Willson Staff recommends approval of Resolution No. 2014 -05. Documents: CIP RESOLUTION 2014- 05.PDF 9. Consideration and appropriate action approving Ordinance No. 1035, establishing water service rates within and without the corporate limits of the City of Owasso and establishing an effective date Linda Jones Staff recommends approval of Ordinance No. 1035. Documents: COUNCIL WATER RATE ORDINANCE. PDF 10. Consideration and appropriate relating to a request for approval of an Economic Development Agreement between the City of Owasso, Owasso Public Works Authority, Armstrong 96 & 129 Owasso, LLC, and SFM, LLC for limited purposes set forth in the Agreement and authorization for the execution of said Agreement; and approving the indebtedness of the OPWA as set forth in the Agreement Sherry Bishop Staff recommends approval of an economic development agreement and the indebtedness of OPWA. Documents: SPROUTS.PDF 11. Report from City Manager Monthly Public Works Project Status Report 12. Report from City Attorney 13. Report from City Councilors 14. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 15. Adjournment Notice and agenda filed in the office of the City Clerk and posted at City Hall at 6:00 pm on Friday, June 27, 2014_ Sherry BishoVCity Clerk OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, June 17, 2014 The Owasso City Council met in regular session on Tuesday, June 17, 2014 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, June 13, 2014. 1. Call to Order Mayor Jeri Moberly called the meeting to order at 6:30. 2. Invocation The invocation was offered by Jonathan Cook of Destiny Live Church. 3. Flag Salute Councilor Kelley led the flag salute. 4. Roll Call Present Absent Mayor - Jeri Moberly None Vice -Mayor - Lyndell Dunn Councilor - Doug Bonebrake Councilor- Bill Bush Councilor - Chris Kelley A quorum was declared present. Staff: City Manager - Warren Lehr City Attorney - Julie Lombardi S. 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 June 3, 2014 Regular Meeting and Minutes of the June 10, 2014 Joint Regular Meeting B. Approval of Claims C. Acknowledge Receipt of Monthly Budget Status Report D. Acknowledge notice of promulgation of Rules and Regulations amending Chapter 15 of the Zoning Code, Telecommunications Towers and Small Wind Energy Systems. Chapter 15 of the Zoning Code is amended by the promulgation of Rules and Regulations with notice to the City Council and the Planning Commission. Absent action by the City Council to disapprove the proposed Rules and Regulations, they shall have the force and effect of law after 30 days. Owasso City Council June 17, 2014 Page 2 Mr. Bonebrake moved, seconded by Mr. Bush to approve items 5A - 5D of the Consent Agenda with claims totaling $267,031.82. Also, included for review were the self- insurance claims and the payroll report for 5/31/14, YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 6. Consideration and appropriate action relating to items removed from the Consent Agenda No action required 7. Consideration and appropriate action relating to supplement appropriations for FY 2014 Linda Jones presented the item recommending approval of a budget amendment in the General Fund increasing the estimated revenues and increasing the appropriation for expenditures by $23,000. After discussion, Dr. Kelley moved, seconded by Ms. Moberly to approve the budget amendment, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 8. Consideration and appropriate action relating to Resolution No. 2014 -04 providing for the adoption of an annual budget for Fiscal Year 2014 -2015 for the general fund and other funds as established by the Owasso City Council; establishing levels of expenditures by department and establishing budget amendment authority as provided by statute; and establishing an effective date Linda Jones presented the item recommending approval of Resolution No. 2014 -04. After discussion, Mr. Bush moved, seconded by Mr. Bonebrake to approve Resolution No. 2014 -04, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 9. Consideration and appropriate action relating to an incentive agreement with Sprouts Fresh Market This item was removed from the agenda and will be presented during the July 1, 2014 meeting of the City Council and OPWA. Owasso City Council June 17, 2014 Page 3 10. Consideration and appropriate action relating to the annexation and rezoning of a 15.26 acre tract of land located west of the west service road area of US169 and approximately Yz mile north of E 106th St North (adjoining Rejoice Christian School campus) Bronce Stephenson presented the item recommending approval of the annexation (OA -14- 01) and rezoning (OZ- 14 -03) from Agricultural (AG) to Office Medium (OM) of the subject property. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the annexation and rezoning of the subject property, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to a bid award for a pavement striping project Roger Stevens presented the item recommending to award the pavement striping project, including the base project and alternate #1, to Road Safe Traffic Systems Incorporated of Tulsa, Oklahoma in the amount of $35,317.19. After discussion, Mr. Bush moved, seconded by Mr. Dunn to award the pavement striping base project and alternate #1, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 PUBLIC HEARING 12. The City Council will conduct a public hearing for the purpose of receiving citizen comments and input relating to the proposed capital improvement projects to be funded by the Capital Improvements Fund (third -penny sales tax) Teresa Willson and Roger Stevens presented the item explaining the Capital Improvements Committee recommends including intersection improvements at E 116th St North and N 129th E Avenue be eligible for funding by the Capital Improvement Fund. The Mayor opened the public hearing at 7:01 pm; no citizen comments were made. The Mayor closed the public hearing at 7:02 pm. PUBLIC HEARING 13. The City Council will conduct a public hearing for the purpose of receiving citizen input relating to the GrOwasso 2030 Land Use Master Plan Karl Fritschen presented the item reviewing the proposed amendments to GrOwasso 2030 Land Use Master Plan. The Mayor opened the public hearing at 7:03 pm: no citizen comments were made. The Mayor closed the public hearing at 7:04 pm. Owasso City Council June 17, 2014 Page 4 14. Consideration and appropriate action relating to a request for City Council confirmation of the Mayor's appointments to various Boards and Commissions Mayor Moberly presented the item recommending the following Board and Committee appointments: ANNEXATION COMMITTEE: (terms expire June 30, 2015) Lyndell Dunn, (City Council Representative) Chris Kelley, (City Council Representative) David Vines (Planning Commission Representative) Kevin Lane (Citizen) Chris Garrett (Fire) Scott Chambless (Police) Bronce Stephenson (Community Development) Chelsea Levo (Economic Development) Roger Stevens (Public Works) Julie Lombardi (City Attorney) Warren Lehr (City Manager) AUDIT COMMITTEE: Doug Bonebrake (Seat 1, City Council Representative) John Manning (Seat 4, Non Practicing CPA - term expires June 30, 2017) Kevin Cavanaugh (Seat 3, Business Person - term expires June 30, 2017) BOARD OF ADJUSTMENT: Sherry Jacobs (Citizen - term expires June 30, 2017) Dean Knoten (Citizen - term expires June 30, 2017) CAPITAL IMPROVEMENTS COMMITTEE: (terms expire June 30, 2015) Bill Bush (City Council Representative) Chris Kelley (City Council Representative) Paul Loving (Planning Commission Representative) Dirk Thomas (OEDA Representative) Jeff Davis (Citizen) Shawn Reiss (Citizen) Jason Drake (Citizen) Rob Haskins (Citizen) Jim Hunter (Citizen) Casey Goodson (Citizen) Sherry Bishop, Assistant City Manager Warren Lehr, City Manager Linda Jones, Finance Director OWASSO ECONOMIC DEVELOPMENT AUTHORITY: Dirk Thomas (term expires June 30, 2019) Jeri Moberly (City Council Representative - term expires June 30, 2015) Gary Akin (Chamber Representative - term expires June 30, 2015) Owasso City Council June 17, 2014 Page 5 PERSONNEL BOARD: Jeff Beyer (term expires June 30, 2017) Rob Wright (term expires June 30, 2016) PLANNING COMMISSION: Renee Mowery (term expires June 30, 2017) SALES TAX WATCHDOG: Tracee Rathbone (term - lifetime appointment) INCOG BOARD OF DIRECTORS: Jeri Moberly (City Council Representative - term expires December 31, 2016) Lyndell Dunn, Alternate INCOG TRANSPORTATION POLICY COMMITTEE: Doug Bonebrake, (City Council Representative - term expires June 30, 2015) Warren Lehr, Alternate INCOG TRANSPORTATION TECHNICAL COMMITTEE: Roger Stevens (term expires June 30, 2015) Dwayne Henderson, Alternate TULSA COUNTY CRIMINAL JUSTICE AUTHORITY SALES TAX WATCHDOG: Sharla Pike (term expires June 30, 2017) After discussion, Dr. Kelley moved, seconded by Mr. Bonebrake to approve appointments to the various Boards and Commissions, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 15. Report from City Manager Warren Lehr expressed appreciation to Urban Soul Youth Group, Support Services, Karl Fritschen, Public Works, Strong Neighborhood, Parks, and the Fire Department for the landscaping improvements at City Hall. 16. Report from City Attorney No report 17. Report from City Councilors Mr. Bonebrake expressed appreciation to the Police Department. Dr. Kelley commented on the City's new website and expressed appreciation to the IT Department for their efforts. Ms. Moberly reported on a recent tour of the BAMA facility and their efforts to coordinate technical training opportunities for high school students. Owasso City Council June 17, 2014 Page b Mr. Dunn expressed appreciation to Karl Fritschen for his efforts to produce a comprehensive Master Plan for future land use. 18. New Business None 19. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: Motion carried 5 -0 and the meeting adjourned at 7:25 pm. Jeri Moberly, Chairman Lisa Wilson, Minute Clerk Claims List 7/1/2014 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL TREASURER PETTY CASH CC FORFEITUREIGOMEZ -50.00 TREASURER PETTY CASH CC FORFEITURE/SHANE - 100.00 TREASURER PETTY CASH CC FORFEITURE/SHELLY -50.00 TREASURER PETTY CASH CC FORFEITUREIW ILSON -50.00 TREASURER PETTY CASH CC FORFEITUREIALMANZA -50.00 TREASURER PETTY CASH CC FORFEITUREIYANCY -50.00 TREASURER PETTY CASH CC REFUND /CENTRAL STATES 50.00 TREASURER PETTY CASH CC REFUNDIGOMEZ 50.00 TREASURER PETTY CASH CC REFUND /MITCHELL 50.00 TREASURER PETTY CASH CC REFUNDISHANE 100.00 TREASURER PETTY CASH CC REFUND /PRES MINISTRIES 50.00 TREASURER PETTY CASH CC REFUND /SALLEE 50.00 TREASURER PETTY CASH CC REFUND /SHELLY 50.00 TREASURER PETTY CASH CC REFUNDANILSON 50.00 TREASURER PETTY CASH CC REFUND /ALMANZA 50.00 TREASURER PETTY CASH CC REFUNDIROMERO 100.00 TREASURER PETTY CASH CC REFUNDNANCY 50.00 TREASURER PETTY CASH CC REFUND /SMITH 50.00 TREASURER PETTY CASH CC REFUND/NORTON 50.00 TREASURER PETTY CASH CC REFUND /PATTERSON 50.00 TREASURER PETTY CASH CC REFUND /SCHICK 100.00 TREASURER PETTY CASH CC REFUNDIKING 50.00 TOTAL GENERAL 600.00 MUNICIPAL COURT JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 17.70 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 7.78 JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 153.05 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 69.79 SAV-ON PRINTING & SIGNS LLC CARBONLESS FORMS 58.28 SAV-ON PRINTING & SIGNS LLC RECEIPT BOOKS 523.86 YOUTH SERVICES OF TULSA YOUTH SERVICES 4,125.00 TOTAL MUNICIPAL COURT 4,955.46 MANAGERIAL JPMORGAN CHASE BANK AMAZON -PC MONITORILEHR 149.99 JPMORGAN CHASE BANK DELL -PC FOR LEHR 927.03 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 58.51 JPMORGAN CHASE BANK CMAO- CONFERENCE 190.00 JPMORGAN CHASE BANK OML TRAINING EXPENSE 41.78 JPMORGAN CHASE BANK COUNCIL RELATIONS 72.50 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 5.47 JPMORGAN CHASE BANK MEETING EXPENSE 41.30 JPMORGAN CHASE BANK HOT LOT- PARKING FEE 6.00 Page 1 Claims List 7/1/2014 Budget Unit Title Vendor Name Payable Description jPaymentAmountj TOTAL MANAGERIAL 1,492.58 FINANCE JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 5.56 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 14022 TOTAL FINANCE 145.78 HUMAN RESOURCES JPMORGAN CHASE BANK TULSA WORLD - ADVERTISING 662.40 JPMORGAN CHASE BANK NEIGHBOR NEWS - ADVERTISING 302.10 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 32.34 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 20.85 JPMORGAN CHASE BANK CARTRIDGE WORLD - SUPPLIES 16.99 JPMORGAN CHASE BANK BAUDVILLE - OFFICE SUPPLIES 122.50 URGENT CARE OF GREEN COUNTRY, P.L.L PRE - EMPLOYMENT DRUG SCREE 175,00 URGENT CARE OF GREEN COUNTRY, P.L.L PRE - EMPLOYMENT DRUG SCREE 200.00 URGENT CARE OF GREEN COUNTRY, RL.L RANDOM DRUG SCREENING 90.00 URGENT CARE OF GREEN COUNTRY, P.L.L RANDOM DRUG SCREENING 215.00 TOTAL HUMAN RESOURCES 1,837 18 GENERAL GOVERNMENT JPMORGAN CHASE BANK AMAZON -MGRL MONITORS 299.98 JPMORGAN CHASE BANK DELL -2 PC'S FOR MNGRL 1,854.06 DAVID L. WEATHERFORD LEGAL, GENERAL, MAY 2014 190.00 AEP IPSO ELECTRIC USE 5,001.40 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 5,100.00 CINTAS CORPORATION CARPETIMAT CLEANING 61.31 TULSA COFFEE SERVICE INC COFFEE SUPPLIES 38.89 COMMUNITY PUBLISHERS INC PUBLICATIONS 21.00 COMMUNITY PUBLISHERS INC PUBLICATIONS 20.00 AT&T LONG DISTANCE LONG DISTANCE PHONE BILL 426.53 JPMORGAN CHASE BANK ADMIRAL EXPSUPPLIES 28.99 JPMORGAN CHASE BANK MAIL MACHINE LEASE 1,140.00 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 28.99 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 28.99 TOTAL GENERAL GOVERNMENT 14,240.14 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 26.70 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 6.95 STEVEN NELSON CODE ENFORCEMENT MOWING 150100 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 150.00 KENNETH LIVINGSTON CODE ENFORCEMENT TRASH 100.00 LONNIE L. LASSWELL CODE ENFORCEMENT MOWING 150.00 JPMORGAN CHASE BANK DELL -CODE INF PC 927.04 TOTAL COMMUNITY DEVELOPMENT 1,510.59 Page 2 Claims List 71112014 Budget Unit Title Vendor Name Payable Description jPaymentAmountj ENGINEERING UNIFIRST HOLDINGS LP UNIFORM RENTAL 19.96 JPMORGAN CHASE BANK BEST BUY - CAMERA 178.97 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 7.14 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 92.22 UNIFIRST HOLDINGS LP UNIFORM RENTAL 19.96 UNITED STATES CELLULAR CORPORATION CELL PHONE BILL 70.14 TOTAL ENGINEERING 368.39 INFORMATION TECHNOLOGY JPMORGAN CHASE BANK HOSTICA- DOMAIN FEE 11.33 JPMORGAN CHASE BANK VERIFONE -MAINT CONTRACT 155.00 JPMORGAN CHASE BANK VERIFONE -MA1NT CONTRACT 155.00 JPMORGAN CHASE BANK TXCESSSERVER EQUIPMENT 105.79 JPMORGAN CHASE BANK SERVER SPLY - ADAPTERS 460.00 JPMORGAN CHASE BANK TRAEOITCOMSOFTWARE 149.95 JPMORGAN CHASE BANK NETECH- CREDIT - 400.00 JPMORGAN CHASE BANK SURVEYMONKEY- SUBSCRIPTION 299.00 USA MOBILITY WIRELESS, INC PAGER USE 8.87 JPMORGAN CHASE BANK USPS - SHIPPING 14.60 JPMORGAN CHASE BANK ISSUU -ONLINE SUBSCRIPTION 228.00 TOTAL INFORMATION TECHNOLOGY 1,187.54 SUPPORTSERVICES JPMORGAN CHASE BANK LOWESSUPPLIES 9.98 SPRINT SOLUTIONS, INC. SPRINT CARDS 79.98 COPY WORLD BUSINESS SOLUTIONS, LLC QTRLY MAIM- SVCS COPIER 110.00 JPMORGAN CHASE BANK LOWESSUPPLIES 169.00 USA MOBILITY WIRELESS, INC PAGER USE 8.87 JPMORGAN CHASE BANK PENDEGRAPH -FIRE SYSTEM 172.92 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18,40 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 OKLAHOMA DEPARTMENT OF LABOR INSPECTION FEES 2 BOILERS 50.00 PAUL HARRISON HEAT & AIR, INC A/C REPAIRS AT OLD CENTRA 165.00 JPMORGAN CHASE BANK WORLEYS -CH LANDSCAPE 1,239.00 JPMORGAN CHASE BANK GREEN ACRES -CH SOD 70.00 JPMORGAN CHASE BANK HOME DEPOT -CH MULCH 279.60 JPMORGAN CHASE BANK LOWES -BEE SPRAY 12,45 JPMORGAN CHASE BANK JOHNSTONE-AC CONTACTORS 22.41 JPMORGAN CHASE BANK JOHNSTONE -FAN MOTOR 117.33 JPMORGAN CHASE BANK LOCKE -CH LIGHT BULBS 48.76 JPMORGAN CHASE BANK LOWES -CH WEED KILLER 45.97 JPMORGAN CHASE BANK JOHNSTONE -FAN BLADE /HUB 39.98 JPMORGAN CHASE BANK LOWES -LIGHT BULBS 40.94 TOTAL SUPPORT SERVICES 2,718.64 Page 3 Claims List Budget Unit Title Vendor Name Payable Description Payment Amount CEMETERY JAEPIPSO JELECTRIC USE 36.95 TOTAL CEMETERY 36.95 POLICE SERVICES AEP IPSO ELECTRIC USE 2,878.56 LAW ENFORCEMENT PSYCHOLOGICAL SERV PSYCH EVALS 160.00 JPMORGAN CHASE BANK ULTRAMAX- AMMUNITION 6,066.00 AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 426.53 JPMORGAN CHASE BANK TASER INTL -PD TASERS 12,483.00 JPMORGAN CHASE BANK TASER INTL -PD TASERS 4,928.87 JPMORGAN CHASE BANK DELL -4 PUS FOR PD 3,999.96 JPMORGAN CHASE BANK DELL- CREDIT - 320.00 JPMORGAN CHASE BANK SHOOTING EVENT EXPENSE 24.00 USA MOBILITY WIRELESS, INC PAGERUSE 35.48 JPMORGAN CHASE BANK OGIA- TRAININGIJT LONG 175.00 - JPMORGAN CHASE BANK LODGING EXPENSE 297.21 JPMORGAN CHASE BANK TRAINING EXPENSE 27.90 JPMORGAN CHASE BANK TRAINING EXPENSE 18.38 JPMORGAN CHASE BANK TRAINING EXPENSE 13.95 JPMORGAN CHASE BANK UPS STORE- POSTAGE 27.62 JPMORGAN CHASE BANK USPS- POSTAGE 3.58 JPMORGAN CHASE BANK WALMART -KEY 1.96 JPMORGAN CHASE BANK TRAINING EXPENSE 20.61 JPMORGAN CHASE BANK AT YOUR SVC- RENTALS 160.64 JPMORGAN CHASE BANK VERIZON -JUNE WIRELESS 280.07 JPMORGAN CHASE BANK MEETING EXPENSE 43.53 JPMORGAN CHASE BANK SHOOTING EVENT EXPENSE 30.40 JPMORGAN CHASE BANK SHOOTING EVENT EXPENSE I"o JPMORGAN CHASE BANK SHOOTING EVENT EXPENSE 3.99 JPMORGAN CHASE BANK OFFICE DEPOT-SUPPLIES 10.00 JPMORGAN CHASE BANK GALLS - UNIFORM ITEMS 67.58 JPMORGAN CHASE BANK GLENDALE- UNIFORM ITEMS 36.85 TOTAL POLICE SERVICES 31,920.37 POLICE COMMUNICATIONS JPMORGAN CHASE BANK LAMPS PLUS- SUPPLIES 63.96 JPMORGAN CHASE BANK WALMART - PRISONER BOARD 109.24 JPMORGAN CHASE BANK INTL CPR - TRAINING 187.00 JPMORGAN CHASE BANK APCO INTL - TRAINING 1,089.00 JPMORGAN CHASE BANK APCO INTL- TRAINING 30.00 JPMORGAN CHASE BANK APCO INT'L- TRAINING 30.00 JPMORGAN CHASE BANK CEECO -POWER SUPPLY 306.09 JPMORGAN CHASE BANK NEWEGGCOMSUPPLIES 120.97 JPMORGAN CHASE BANK WALMART - PRISONER BOARD 75.00 JPMORGAN CHASE BANK AMAZON - COMPUTER CHARGER 28.47 AEP/PSO ELECTRIC USE 194.94 Page 4 Claims List 711/2014 Budget Unit Title I Vendor Name Payable Description IPaymentAmount TOTAL POLICE COMMUNICATIONS 2,234.67 ANIMALCONTROL AEP IPSO ELECTRIC USE 292.87 AT &T LONG DISTANCE' LONG DISTANCE PHONE BILL 17.72 JPMORGAN CHASE BANK TASERS INTL -AC TASERS 2,730.00 JPMORGAN CHASE BANK MEDVET - SUPPLIES 49.88 JPMORGAN CHASE BANK MYRADIOMALL- GARAGE PARTS 31.36 TOTAL ANIMAL CONTROL 3,121.83 FIRE SERVICES JPMORGAN CHASE BANK SAMSCLUB- COFFEE 29.94 JPMORGAN CHASE BANK BUMPER2BUMPER- SUPPLIES 9.50 JPMORGAN CHASE BANK DALE & LEES- REPAIRS 983.50 JPMORGAN CHASE BANK CLIFFORD- GENERATOR REPAIR 330.00 JPMORGAN CHASE BANK EQUIPMENT ONE - SUPPLIES 30.25 NORTHERN SAFETY COMPANY, INC. REPAIRAND MAINTENANCE 384.50 YOUNGS FIRE SUPPRESSION SERVICES FIRE EXTINGUISHER MAINTEN 65.00 JPMORGAN CHASE BANK MYDER -PUMP TESTING 1,185.00 AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 158.72 JPMORGAN CHASE BANK IMAGENET -MO COPIER SERV $60.72 AT &T MOBILITY WIRELESS SERVICE 48.01 AEPIPSO ELECTRIC USE 3,480.10 JPMORGAN CHASE BANK INTEGRIS HEALTH - PHYSICAL 475.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 32.83 TOTAL FIRE SERVICES 7,673.07 EMERGENCY PREPAREONES AEPIPSO USE 110.53 AT &T LONG DISTANCE JELECTRIC LONG DISTANCE PHONE BILL 10.98 PAUL HARRISON HEAT & AIR, INC A/C REPAIRS AT EOC 1,700.00 TOTAL EMERGENCY PREPAREDNESS 1,821.51 STREETS JPMORGAN CHASE BANK LOCKE -PILOT REGULATOR 40.76 UNIFIRST HOLDINGS LP UNIFORM RENTAL 42.10 UNIFIRST HOLDINGS LP UNIFORM RENTAL 44.05 JPMORGAN CHASE BANK ADVANCE AUTO -FUSES 8.78 JPMORGAN CHASE BANK JOHNSTONE TUBING 13.78 JPMORGAN CHASE BANK LOWESSAW REPAIR PARTS 40.05 JPMORGAN CHASE BANK MILLCREEK- STRING LINE 12.50 JPMORGAN CHASE BANK SW SECTION -IMSA COURSE 295.00 JPMORGAN CHASE BANK FASTENALSUPPLIES 19.52 JPMORGAN CHASE BANK SALTGRASS -IMSA COURSE 28.00 JPMORGAN CHASE BANK LOWES -PARTS 9.46 JPMORGAN CHASE BANK TRANSCO -PPE 40.82 JPMORGAN CHASE BANK 1EQUIPM5NT ONE- PROPANE 63.22 Page 5 Claims List 7/1/2014 Budget Unit Title Vendor Name Payable Description Payment Amount STREETS... JPMORGAN CHASE BANK MILL CREEK - STAKES 16.67 JPMORGAN CHASE BANK MIDLAND -FENCE PARTS 146.90 JPMORGAN CHASE BANK PMSI -FIBER PATCH 232.29 JPMORGAN CHASE BANK CHEVRON -FUEL EXPENSE 58.66 JPMORGAN CHASE BANK OREILLY-LIGHTS OB INT'L 27.18 JPMORGAN CHASE BANK OREILLY- TUBING CUTTER 9.52 JPMORGAN CHASE BANK TRAINING EXPENSE 25.10 JPMORGAN CHASE BANK LOWES- SUPPLIES 7.58 JPMORGAN CHASE BANK P &K EQUIP- STARTER PULL 67.23 JPMORGAN CHASE BANK TRAINING EXPENSE 211.60 AEPIPSO ELECTRIC USE 1,512.61 L & B DIRT PIT DIRT 50.00 TULSA WORLD STRIPING BID ADVERTISEMEN 313.84 SIGNALTEK INC MAY MAINTMUNE RETAINER 3,515.67 TWIN CITIES READY MIX, INC CONCRETE 273.00 TWIN CITIES READY MIX, INC CONCRETE 637.00 TWIN CITIES READY MIX, INC CONCRETE 682.50 APAC - OKLAHOMA, INC. ASPHALT 103.20 APAC- OKLAHOMA, INC. ASPHALT 1,06920 P & K EQUIPMENT, INC REPAIRS TO P &K LAWNMOWER 369.50 P & K EQUIPMENT, INC MOWER REPAIRS 416.01 JPMORGAN CHASE BANK MIDLAND -WHITE FENCE REPR 5,447.60 JPMORGAN CHASE BANK ATWOODS -TOOLS 19.98 USA MOBILITY WIRELESS, INC PAGER USE 70.96 TOTAL STREETS 15,941.86 STORMWATER JPMORGAN CHASE BANK ATWOODSSAFETY BOOTS 79.99 JPMORGAN CHASE BANK ATWOODS -TRASH BAGS 44.97 USA MOBILITY WIRELESS, INC PAGER USE 52.35 JPMORGAN CHASE BANK OFFICE DEPOT-CREDIT -24.99 JPMORGAN CHASE BANK P &K EQUIP - RETURN -44.42 UNIFIRST HOLDINGS LP UNIFORM RENTAL 35.56 JPMORGAN CHASE BANK P &K EQUIP -MOWER BLADES 197.19 JPMORGAN CHASE BANK P &K EQUIP - TRIMMER LINE 157.49 JPMORGAN CHASE BANK FRONTIER -BRAKE LIGHTS 37.24 JPMORGAN CHASE BANK OREILLY- SUPPLIES 36.74 JPMORGAN CHASE BANK OREILLY- SUPPLIES 16.19 JPMORGAN CHASE BANK EQUIP ONE -MOWER BLADES 64.74 JPMORGAN CHASE BANK EQUIPMENT ONE- REPAIR 24.94 JPMORGAN CHASE BANK TRANSCO -PPE 40.82 JPMORGAN CHASE BANK FASTENAL -MOWER REPAIR 20.46 JPMORGAN CHASE BANK P &K EQUIP -MOWER SUPPLIES 67.54 JPMORGAN CHASE BANK P &K EQUIP -MOWER V -BELT 76.42 JPMORGAN CHASE BANK P &K EQUIP -TIE DOWN STRAPS 69.78 Page 6 Claims List 7/1/2014 Budget Unit Title Vendor Name Payable Description Payment Amount STORMWATER... JPMORGAN CHASE BANK P &K EQUIP -2 CYCLE OIL 50.88 JPMORGAN CHASE BANK SHELL OIL -FUEL FOR MOWER 38.01 UNIFIRST HOLDINGS LP UNIFORM RENTAL 35.56 TOTAL STORMWATER 1,097.46 PARKS JPMORGAN CHASE BANK LOWES- RESTROOM PARTS 5.30 JPMORGAN CHASE BANK ATWOODS- RESTROOM PARTS 4.59 JPMORGAN CHASE BANK TUCKER JANTL- SUPPLIES 574.50 OLEN MASINGALE JUNE MOWING CENTENNIAL 650.00 OLEN MASINGALE JUNE MOWING ELM CREEK 210.00 UNIFIRST HOLDINGS LP UNIFORMS 15.25 WASHINGTON CO RURAL WATER DISTRICT WATER SERVICE MCCARTY 45.50 RJR ENTERPRISES, INC PARK TABLES 4,949.00 AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 10.84 JPMORGAN CHASE BANK LOWES- REPAIR PARTS 37.96 JPMORGAN CHASE BANK P & K EQUIP -PARTS 59.99 ADT SECURITY SERVICES INC ALARM SERVICE PARK OFFICE 66.61 UNIFIRST HOLDINGS LP UNIFORMS 15.25 AEPIPSO ELECTRIC USE 1,737.17 JPMORGAN CHASE BANK WM LLC -PARK SUPPLIES 237.25 JPMORGAN CHASE BANK ATWOODS -PARTS 8.69 JPMORGAN CHASE BANK P & K EQUIP -MOWER PARTS 243.24 JPMORGAN CHASE BANK P & K EQUIP -MOWER PARTS 79.98 JPMORGAN CHASE BANK P & K EQUIP -MOWER PARTS 108.63 TOTAL PARKS 9,059.75 COMMUNITY CENTER AEPIPSO ELECTRIC USE 1,390.19 AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 15.94 JPMORGAN CHASE BANK GRAINGER- ELEMENT 6417 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 23.96 JPMORGAN CHASE BANK ADMIRAL EXPSUPPLIES 57.96 TOTAL COMMUNITY CENTER 1,552.22 HISTORICAL MUSEUM AEPIPSO JELECTRIC USE 1 179.55 TOTAL HISTORICAL MUSEUM 179.55 FUND GRAND TOTAL 103,615.64 AMBULANCE SERVICE JAMERICAN MUNICIPAL SERVICES CORP. 1COLLECTION SERVICES 80.50 TOTAL AMBULANCE SERVICE 60.50 AMBULANCE JJPMORGAN CHASE BANK IJIM GLOVER - REPAIRS 245.00 Page 7 Claims List 7/1/2014 Budget Unit Title Vendor Name Payable Description PaymentAmouni AMBULANCE... JPMORGAN CHASE BANK FULLERTONSUPPLIES 130.50 JPMORGAN CHASE BANK UNITED AIR- BAGGAGE FEE 25.00 JPMORGAN CHASE BANK BOUND TREESUPPLIES 29.86 JPMORGAN CHASE BANK BOUND TREE- SUPPLIES 64.20 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 1,379.83 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 53425 JPMORGAN CHASE BANK STERICYCLE -WASTE DISPOSAL 231.63 JPMORGAN CHASE BANK TRAVEL EXPENSE 13.90 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 191.24 JPMORGAN CHASE BANK MURPHYS -FUEL 34.41 JPMORGAN CHASE BANK TRAVEL EXPENSE 7.11 JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 159.56 JPMORGAN CHASE BANK PHARM SYSTEMS-SUPPLIES 280,80 ' JPMORGAN CHASE BANK PHARM SYSTEMS - SUPPLIES 39.78 JPMORGAN CHASE BANK WALMART- WRENCH 16.39 JPMORGAN CHASE BANK ZOLL - SUPPLIES 363.75 JPMORGAN CHASE BANK FIRE SERVICE- REGISTRATION 50.00 TOTAL AMBULANCE 3,797.23 FUND GRAND TOTAL 3,877.7 E911 COMMUNICATIONS JPMORGAN CHASE BANK TOTAL RADIO -MAINT CONTRAC 285.00 AT &T IINCOG-E911 E911 MAPPING FEES -JUNE IE911 355.35 ADMIN SVC FEES 7,271.78 TOTAL E911 COMMUNICATIONS 7,912.13 FUND GRAND TOTAL 7,912.1 HOTEL TAX - ECON DEV AEP /PSO JELECTRICUSE 74.98 1IMPERIAL FIREWORKS COMPANY, LLC IFIREWORKS 17,000.00 TOTAL HOTEL TAX - ECON DEV 17,074.98 STRONG NEIGHBORHOODS jJPMORGAN CHASE BANK OFFICE DEPOTSUPPUES 26.88 TOTAL STRONG NEIGHBORHOODS 26.88 FUND GRAND TOTAL 17,101.8 STORMWATER - STORMWATE AEP /PSO ELECTRIC USE 268.41 LOT MAINTENANCE OF OKLAHOMA, INC. 169 MOWING/TRIMMING 6,960.00 JPMORGAN .BANK HACH -WATER SAMPLING 37.90 LO7 MAINTENANCE OF OKLAHOMA, INC. DETENTION POND MOWING 765.60 Page 8 Claims List 7/1/2014 Budget Unit Title I Vendor Name Payable Description 7777Payment Amount TOTAL STORMWATER- STORMWATER 8,031.91 FUND GRAND TOTAL 8,031.91 PUBLIC SAFETY - POLICE JJPMORGAN CHASE BANK JTAsER INTL -PS TASERS 4787.00 TOTAL PUBLIC SAFETY -POLICE 4,787.00 PUBLIC SAFETY - FIRE JPMORGAN CHASE BANK INS - WIRELESS DEVICES 2,120.25 JPMORGAN CHASE BANK TOTAL RADIO- VEHICLE RADIO 661.00 CHRISTOPHER DALE CONGER ROOFING SERVICES 6,800.00 TOTAL PUBLIC SAFETY - FIRE 9,581.25 FUND GRAND TOTAL 14,368.2 CI -VEH MAINT FAC BLDG MATRIXARCHITECTS. ENGINEERS, ARCHIT DESIGN NEW VEH MAI 1,009.30 MATRIX ARCHITECTS, ENGINEERS, ARCHIT DESIGN NEW VEH MAI 1,390.00 TOTAL CI -VEH MAINT FAC BLDG 2,399.30 CI -GARN WID 96TH -106TH PSA- DEWBERRY INC ENGINEERING SERVICES 1,130.00 TOTAL CI - GARN WID 96TH -106TH 1,130.00 CI - 1061GARNETT INTERSEC WASHINGTON CO RURAL WATER DISTRICT ENGINEERING SERVICES 5,016.25 TOTAL CI- 1061GARNETT INTERSEC 5,016.25 FUND GRAND TOTAL 8,545.5 CITY GARAGE JPMORGAN CHASE BANK B & M OIL -OIL 83723 JPMORGAN CHASE BANK B & M OIL -OIL 652.21 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 ERIC REICHERT SKID LOADER FOR CITY GARA 14,100.00 TULSA GAS TECHNOLOGIES, INC REPAIR PARTS CNG TRUCK 1,192.50 JPMORGAN CHASE BANK FRONTIER -LF CAB MOUNT 394.53 AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 26.21 AT &T MOBILITY WIRELESS SERVICE 55.91 AEPlPSO ELECTRIC USE 518.52 JPMORGAN CHASE BANK OREILLYSHOP SUPPLIES 41.99 JPMORGAN CHASE BANK OREILLY -PARTS RESALE 3,361.03 JPMORGAN CHASE BANK HESSELBEIN -TIRES 319.60 JPMORGAN CHASE BANK TULSA AUTO -FRONT AXLE 1,283.20 JPMORGAN CHASE BANK CLASSIC CHEVY -PARTS 47.95 Page 9 Claims List 7/1/2014 Budget Unit Title Vendor Name Payable Description Payment Amount CITY GARAGE... JPMORGAN CHASE BANK GOODYEAR -VAN TIRES 487.76 IJPMORGAN JPMORGAN CHASE BANK GOODYEAR -TIRES 1,948.02 CHASE BANK CLASSIC CHEVY -WHEEL STUD 2.79 TOTAL CITY GARAGE 25,333.53 FUND GRAND TOTAL 25,333.5 WORKERS' COMP SELF -INS CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIMS PAYME 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 289.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 359.00 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 359.OD CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIM PAYMEN 323.0 CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIM PAYMEN 323.00 TOTAL WORKERS' COMP SELF -INS 1,942.00 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 6,467.27 CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS PAYME 1,195.78 TOTAL WORKERS' COMP SELF -INS 7,663.05 FUND GRAND TOTAL 9,605.0 GEN LIAB -PROP SELF INS CAPITAL HOMES TORT CLAIM 4.727.00 NEWTON, O'CONNOR, TURNER & KETCH UM LEGAL- DAVIDSON, NOV 1,272.00 TOTAL GEN LIAB -PROP SELF INS 5,999.00 FUND GRAND TOTAL 5,999.0 CITY GRAND TOTAL $204,390.65 Page 10 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 06114/14 Department Payroll Expenses Total Expenses Municipal Court 4,677.60 6,701.59 Managerial 19,566.66 27,732.00 Finance 15,339.18 23,067.41 Human Resources 7,485.64 12,169.49 Community Development 12,585.99 18,907.19 Engineering 14,083.82 20,896.74 Information Systems 12,607.58 19,128.57 Support Services 7,781.22 11,552.12 Police 115,489.26 172,794.95 Central Dispatch 10,726.34 18,408.17 Animal Control 2,412.00 3,875.51 Fire 101,301.69 152,931.66 Emergency Preparedness 1,544.92 2,188.48 Streets 8,997.34 14,955.28 Stormwater /ROW Maint. 8,497.13 12,671.13 Park Maintenance 9,977.07 15,382.57 Community- Senior Center 1,585.50 2,595.76 Historical Museum 616.00 691.64 Economic Development 3,126.92 4,076.66 General Fund Total 358,401.86 540,726.92 Garage Fund Total 4,256.62 7,231.69 Ambulance Fund Total 27,514.72 41,781.19 Emergency 911 Fund Total 5,835.41 9,847.18 Stormwater Fund 27 Total Worker's Compensation Total 3,271.52 6,246.59_ Strong Neighborhoods 2,822.91 4,244.10 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE 11789 AS OF 7/1114 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE DEPT TOTAL . r 25,554.94 30,684.79 56,239.73 HEALTHCARE SELF INSURANCE FUND TOTAL 56,239.73 OT Citdyw�, out Limifs. TO: The Honorable Mayor and City Council City of Owasso FROM: Earl Farris Project Administrator SUBJECT: Acceptance of Lakeridge III Sanitary Sewer Extension DATE: June 27, 2014 BACKGROUND: The subject residential development is located at N 123rd E Avenue and E 91st St North. Public infrastructure includes the extension of the public sanitary sewer system including manholes. FINAL INSPECTIONS: Final inspections for all infrastructure components were completed in June of 2014 by the Public Works Department. All standards for acceptance have been met. Additionally, the construction contractor and design engineer have supplied the necessary two -year maintenance bonds and required as -built drawings. RECOMMENDATION: Staff recommends acceptance of Lakeridge III sanitary sewer extension improvements ATTACHMENTS: Location Map City Attorney bond approval letter & copy of bonds DEQ permit letter for sanitary sewer Farris, Earl From: Lombardi, Julie Sent; Tuesday, September 17, 2013 2:53 PM To: Farris, Earl Cr: Eaton, Steven Subject: RE: Lakeridge sewer extension bonds Mr. Parris, I have reviewed the Lakeridge III Sanitary Sewer Extension maintenance bond at your request. The Attorney -in -Fact signature Is authorized, the surety is licensed to do business in Oklahoma and the amount of the bond is well within the surety's $1,534,000 underwriting limitation. Therefore, the bond is approved. .tulle Lombardi From: Farris, Earl Sent: Tuesday, August 27, 2013 9:04 AM To: Lombardi, Julie Cc; Eaton, Steven Subject; Lakerldge sewer extension bonds Ms. Lombardi, Please review and add any comments. Thank you. Earl Farris Project Administrator City Of Owasso Public Works efarris@cltvofowasso.com ph918- 272 -4959 / fax 918- 272 -4996 GRANITE RE, 'INC. GENERAL POWER OF ATTORNEY Know all Men by these Presents: That GRANITE RE, INC., a corporation organized and existing under the laws of the State of OKLAHOMA and having its principal office at the City of OKLAHOMA CITY in the State of OKLAHOMA does hereby constitute and appoint: TRAVIS E. BROWN; CINDY M. REYNOLDS; BOB RICHARDSON; STEPHEN M. POLEMAN; VAUGHN GRAHAM; J. KELLY DEER; RICH HAVERNELD; JAMIE BURRIS; ROBBIE LOYD; ANN HOPKINS; VAUGHN GRAHAM, JR; DEBORAH L, RAPER; MARK D. NOWELL; KYLE BRADFORD; KENT BRADFORD; SUSANNE GUSiMANO Its true and lawful Attorney- in- Facl(s) for the following purposes, to wit: To sign Its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and all acts and things set forth in the resolution of the Board of Directors of the said GRANITE RE, INC. a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said GRANITE RE, INC, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever the said: TRAVIS E. BROWN; CINDY M. REYNOLDS; BOB RICHARDSON; STEPHEN M. POLEMAN; VAUGHN GRAHAM; J. KELLY DEER; RICH HAVERFIELD; JAMIE BURRIS; ROBBIE LOYD; ANN HOPKINS; VAUGHN GRAHAM, JR; DEBORAH L, RAPER; MARK D. NOWELL; KYLE BRADFORD; KENT BRADFORD; SUSANNE CUSIMANO may lawfully do in the promises by virtue of these presents. In Witness Whereof, the said GRANITE RE, INC. has caused this instrument to be seated with its corporate seal, duty attested by the signatures of its President and Secretary/Treasurer, this 5'^ day of March, 2013. 8 t �� ' s Kenneth D, Whittfn on, President STATE OF OKLAHOMA ) s >v n L / /�� ) SS: , ,,. / COUNTY OF OKLAHOMA ) Kyle k. McDonald, Treasurer On Oils 5" day of March, 2013, before me personally came Kenneth D. Whittington, President of the GRANITE RE, INC, Company and Kyle P. McDonald, Secretary/rreasurcr of said Company, with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Kenneth D. Whittington and Kyle P. McDonald were respectively the President and the secretary/Treasurer of GRANITE RE, INC., the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was so fixed by order of the Board of Directors of said corporation, and that they signed their name thereto by like order as President and Secretary/rreasurer, respectively, of the Company. afnccas5 d i My Commission Expires: August B, 2013 Commission #: 01013257 GRANITE RE, INC. Certificate THE UNDERSIGNED, being the duly elected and acting Secretary/Treasurer of Granite Re, Inc., an Oklahoma Corporation, HEREBY CERTIFIES that the following resolution Is a true and correct excerpt from the July 1S, 1987, minutes of the meeting of the Board of Directors of Granite Re, Inc. and that said Power of Attorney has not been revoked and is now in full force and effect. "RESOLVED, that the President, any Vice President, the Secretary, and any Assistant Vice President shall each have authority to appoint individuals as attorneys In -fact or under other appropriate Odes with authority to execute on behalf of the company fidelity and surety bonds and otter documents of similar character Issued by the Company in the course of its business. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the Company, the seal, or a facsimile thereof, may he impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such Instrument or undertaking." IN WITNESS f FO the undersign subscribed this Certificate and affixed the corporate seal of the Corporation this r� `, ~r � day o . ,� t± , 20, scat Kyle P McDonald, Secretary/Treasurer GR0800.1 September 12, 2003 F. Robert Carr, Director Public Works City of Owasso Post Office Box 180 Owasso, Oklahoma 74055 Re: Permit No, SL000072030910 Lakeridge III Sanitary Sewer Line Extension S -21310 1I 3FT31MIX110F i Enclosed is Permit No. SL000072030910 for the construction of 369 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Lakeridge III sewer line extension, 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 September 12, 2003. 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, sending one (1) set to your engineer and retaining one (1) set for our files. Very truly yours, eUS.�.1.a;i�� ay Kabariti, E.I. DWSRF /Construction Permit Section Water Quality Division QRK/TW /gg Enclosure c: William E. Lewis, P.E. Rick Austin, R.S., Regional Manager, DEQ 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recycled peperwl h soy Ink td ro SEWER LINES S -21310 PERMIT TO CONSTRUCT September 12, 2003 Pursuant to O.S. 27A 2 -6 -401, the City of Owasso is hereby granted this Tier I Permit to construct 369 linear feet of eight (8) inch PVC sanitary sewer line and all appurtenances to serve the Lakeridge III sewer line extension, located in the SE/4 of Section 20, T -21N, R -14E, City of Owasso, Tulsa County, Oklahoma, in accordance with the plans and specifications approved on September 12, 2003. By acceptance of this permit, the permittee agrees to operate and maintain the facilities in accordance with Discharge - OPDES (NPDES) rules OAC 252:605 and to comply with the state certification laws, Title 59, Section 1101 -1116 O.S. and the rules and regulations adopted thereunder regarding the requirements for certified operators. This permit is issued subject to the following provisions and conditions. 1) That the recipient of the permit is responsible that the project receives supervision and inspection by competent and qualified personnel. 2) That construction of all phases of the project will be started within one year of the date of approval or the phases not under construction will be resubmitted for approval as a new project. 3) That no significant information necessary for a proper evaluation of the project has been omitted or no invalid information has been presented in applying for the pen-nit. 4) 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 Construction Standards. 5) That tests will be conducted as necessary to insure that the construction of the sewer lines will prevent excessive infiltration and that the leakage will not exceed 10 gallons per inch of pipe diameter per mile per day. 6) That the Oklahoma Department of Environmental Quality shall be kept informed of occurrences which may affect the eventual performance of the works or that will unduly delay the progress of the project. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on racyded paper with soy Ulc °D 6 SEWER LINES 5 -21310 PERMIT TO CONSTRUCT 7) 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. 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 developedbuilder 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 (NOI) 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 any notations or changes recorded on the official set of plans and specifications in the Oklahoma Department of Environmental Quality files shall be part of the plans as approved. 13) That all manholes shall be constructed in accordance with Water Pollution Control Construction Standards (OAC 252:656 -5 -3), as adopted by the Oklahoma Department of Environmental Quality. 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, OKLAHOMA 73101 -1677 printed on recyded paper with eoy Ink �e (,p0 PERMIT TO CONSTRUCT BRAD HENRY Governor Permit No.SL000072030910 SEWER LINES S -21310 14) That when it is Impossible to obtain proper horizontal and vertical separation as stipulated in Public Water Supply Construction Standards OAC 252:626- 19- 2(8)(A) and OAC 252:626- 19- 2(8)(B), respectively, the sewer shall be designed and constructed equal to water pipe, and shall be pressure tested to the highest pressure obtainable under the most severe head conditions of the collection system prior to backfilling in accordance with Water Pollution Construction Standard OAC 252:656-5 - 5(b). 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 or provisions. vvater wuamy utwston 707 NORTH ROBINSON, P.O. BOX 1677, OKLAHOMA CITY, ORIAHOW 73101 -1677 ptlnted an racood papor with aoy Ink 41 .1 {10 The citoyw, out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Juliann M. Stevens Deputy City Clerk SUBJECT: Request for Authorization to Discharge Fireworks DATE: June 27, 2014 REQUEST FOR ACTION: Staff is requesting Council consideration and appropriate action relating to approval of a fireworks display sponsored by the Stone Canyon Community Lake Association. BACKGROUND: Section 10 -304 of the Owasso Code of Ordinances prohibits the discharge of fireworks within the city limits. An exception is noted in the Ordinance that allows the City Council to approve a public display of fireworks within the city limits in celebration of Independence Day. There are specific requirements associated with this exception and are summarized below: • The group organizing the event and igniting the fireworks must obtain Council approval for the event; • The event must be open to the public, free of charge; • The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the Fire Department; and • The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. EVENT DETAILS: The discharge of fireworks is planned for the evening of Thursday, July 3, 2014. The fireworks will be discharged from the Stone Canyon Lake, located near 7500 N 177th East Avenue. The display will begin at approximately 9:30pm and is free to the public. Rainbow Fireworks Incorporated has submitted all necessary documentation to the Owasso Fire Marshal's office, including the certificate of liability insurance. The Owasso Fire Marshal has met with the fireworks company and approved a fireworks display permit for this event. RECOMMENDATION: Staff recommends approval of the Stone Canyon Community Lake Association fireworks display, free of charge to the public, and authorization to discharge fireworks on July 3, 2014 in celebration of Independence Day. ni.ity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Juliann M. Stevens Deputy City Clerk SUBJECT: Request for Authorization to Discharge Fireworks DATE: June 27, 2014 REQUEST FOR ACTION: Staff is requesting City Council consideration and appropriate action relating to the approval of a city sponsored fireworks display. BACKGROUND: Section 10 -304 of the Owasso Code of Ordinances prohibits the discharge of fireworks within the city limits. An exception is noted in the Ordinance that allows the City Council to approve a public display of fireworks within the city limits in celebration of Independence Day. There are specific requirements associated with this exception and are summarized below: • The group organizing the event and igniting the fireworks must obtain Council approval for the event; • The event must be open to the public, free of charge; • The use, display, firing, ignition, lighting and discharge of the fireworks must be done in the presence of an authorized representative of the Fire Department; and • The group(s) organizing the event and igniting the fireworks must indemnify and hold the city harmless for any damage caused by the event and provide an insurance policy, with the city named as an insured, covering and protecting the city from liability to the extent it is not immune by state law. EVENT DETAILS: The discharge of fireworks is planned for the evening of Friday, July 4, 2014. The fireworks will be discharged from the Owasso Golf and Athletic Club, 13604 E 84th Street North, located south of the Greens of Owasso Apartment complex. The display will begin at approximately 9:30pm. Imperial Fireworks Company has submitted all necessary documentation to the Owasso Fire Marshal's office, including the certificate of liability insurance. The Owasso Fire Marshal has met with the fireworks company and approved a fireworks display permit for this event. RECOMMENDATION: Staff recommends approval of the City of Owasso fireworks display, free of charge to the public, and authorization to discharge fireworks on July 4, 2014 in celebration of Independence Day. OT Citdy! out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Ordinance No. 1034 DATE: June 27, 2014 BACKGROUND: On June 17, 2014, City Council considered the annexation and rezoning of a 15.26 acre piece of property planned for development of a portion of the Rejoice Christian School campus, located west of the west service road area of US -169 and north of E 106th St North. The Council voted unanimously to approve annexation request OA -14 -01 and rezoning request OZ- 14 -03, taking the subject property from an AG (Agriculture) zoning to OM (Office Medium). The attached ordinance officially annexes and rezones the property, codifying the action taken by the Council. RECOMMENDATION Staff recommends approval of Ordinance No. 1034 approving annexation application number OA -14 -01 and zoning application number OZ -14 -03 rezoning a tract of land in the NE /4 of the SW /4 of Section 9, Township 21 North, Range 14 East, land known as the Rejoice Christian School campus. ATTACHMENTS: Ordinance No. 1034 Map CITY OF OWASSO, OKLAHOMA ORDINANCE NO. 1034 AN ORDINANCE ACCEPTING, ADDING, AND ANNEXING TO THE CITY OF OWASSO, OKLAHOMA, ADDITIONAL LANDS AND TERRITORY AS REFERENCED IN ANNEXATION CASE OA -14 -01 AND APPROVING ZONING APPLICATION NUMBER OZ -14 -03 CHANGING THE ZONING OF PROPERTY LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 21 NORTH, RANGE 14 EAST OF THE I.B. & M, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, PROVIDED THAT FROM AND AFTER THE PASSAGE AND PUBLICATION OF THIS ORDINANCE THAT ALL OF THE REAL PROPERTY WITHIN SAID TERRITORY HEREIN DESCRIBED SHALL BE A PART OF THE CITY OF OWASSO, OKLAHOMA, AND FURTHER DECLARING THAT ALL PERSONS RESIDING THEREIN SHALL BE SUBJECT TO THE JURISDICTION, CONTROL, LAWS, AND ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA ESTABLISHING THE SAME AS PART OF WARD ONE OF SAID CITY AND DIRECTING THE FILING OF THIS ORDINANCE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, public hearings have been held regarding the request for annexation of the property herein described, and WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Annexation Committee, the Owasso Planning Commission and all statements for or against the requested annexation and rezoning of the property referenced in application OA -14 -01 and the rezoning of the some property referenced in OZ- 14 -03. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: A TRACT OF LAND SITUATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER (NE /4 SW /4) OF SECTION NINE (9), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST OF THE INDIAN BASE AND MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE U.S. GOVERNMENT SURVEY THEREOF, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING FROM THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER (SE /4 SW /4); THENCE N 1014'01" W ALONG THE WEST LINE OF THE E/2 SW /4 A DISTANCE OF 2638.54 FEET TO A POINT ON THE NORTH LINE OF THE SW /4, SAID POINT BEING THE NORTHWEST CORNER OF THE NE /4 SW /4 AND THE POINT OF BEGINNING; THENCE N 88044'39" E AND ALONG SAID NORTH LINE A DISTANCE OF 1046.24 FEET TO A POINT LYING 100.00 FEET WEST OF THE WESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 169; THENCE S 1018'02: E AND PARALLEL WITH THE WESTERLY RIGHT - OFOWAY LINE OF U.S. HIGHWAY 169 A DISTANCE OF 635.23 FEET; THENCE S 88044'37" W A DISTANCE OF 1046.98 FEET TO A POINT ON SAID WEST LINE OF THE E/2 SW /4; THENCE N 1014'01" W AND ALONG SAID WEST LINE OF THE E/2 SW /4 A DISTANCE OF 635.24 FEET TO THE POINT OF BEGINNING. AND A TRACT OF LAND THAT IS PART OF THE NORTHEAST QUARTER (NE /4), OF THE SOUTHWEST QUARTER (SW /4), SECTION NINE (9), 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 BEING DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER (SE /4), OF THE SOUTHWEST QUARTER (SW /4); THENCE NORTH 01 014'02" WEST ALONG THE WESTERLY LINE OF THE EAST HALF (E /2), OF THE SOUTHWEST QUARTER (SW /4) FOR 1999.79 FEET TO THE POINT OF BEGINNING OF SAID TRACT OF LAND; THENCE CONTINUING NORTH 01014'02" WEST ALONG SAID WESTERLY LINE FOR 2.92 FEET; THENCE NORTH 88 043'45" EAST ALONG THE SOUTHERLY LINE OF TRACT OF LAND DESCRIBED IN BOOK 6678, PAGE 741, TULSA COUNTY FOR 1046.75 FEET; THENCE SOUTH 01018'03" EAST FOR 3.18 FEET; THENCE SOUTH 88 044'37" WEST ALONG THE NORTHERLY LINE OF TRACT OF LAND DESCRIBED IN BOOK 5937, PAGE 1583, TULSA COUNTY FOR 1046.76 FEET TO THE POINT OF BEGINNING OF THE ABOVE DESCRIBED TRACT OF LAND CONTAINING 15.26 ACRES MORE OR LESS. be, and the same is hereby annexed to, made a part of, and added to the City of Owasso, Oklahoma, and the corporate limits thereof be and are hereby extended to include the above described territory and real estate and the same is hereby rezoned from AG (AGRICULTURAL) TO OM (OFFICE MEDIUM) District Section 1. That from and after the passage and publication of this Ordinance, the real estate and territory described in Section 1 hereof shall be a part of the City of Owasso, Oklahoma, and in Ward One thereof, and all persons residing therein, and all property situated thereon, shall be and are hereby declared to be subject to the jurisdiction, control, laws, and ordinances of the City of Owasso, Oklahoma, in all respects and particulars. Section 2. All ordinances, or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Section 3. 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 4. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. Section 5. That there be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map of the territory annexed. PASSED AND APPROVED this Ist day of July, 2014. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney Annexation /Rezoning #OA- 14 -01 1 - 752 ft #OZ -14 -03 04/30/2014 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy, please contact Owasso staff for the most up -to -date information. T Wit out Limifs. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: OMRF Retirement Request DATE: June 27, 2014 BACKGROUND: Oklahoma Municipal Retirement Fund (OMRF), the retirement plan for non - police and fire employees, requires the City Council acting as the OMRF Retirement Committee to approve applications for retirement. To be eligible for retirement benefits through OMRF, an employee must have a minimum of five years of employment. Once an employee has five years of service the employee is considered vested and upon leaving employment with the City has three options depending upon age. 1. Normal Retirement is available to a vested employee age 65 or older. 2. Early Retirement is available to a vested employee between ages 55 and 65. 3. Deferred Retirement is available to vested employees under the age of 55. Deferred Retirement allows an employee to "defer" retirement benefits until a future date, at which time the employee would begin receiving monthly retirement benefits. February 15, 2002 was the last day of employment for Allan Harder who at that time was in the Human Resources department. Mr. Harder recently made application to apply for normal retirement effective November 1, 2014. Mr. Harder was a participant in the OMRF retirement plan while employed with the City for six years and has applied for, and meets the prerequisites for, Normal Retirement. RECOMMENDATION: Staff recommends approval of Allan Harder's application for Normal Retirement benefits. The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Teresa Willson Information Technology Director SUBJECT: Capital Improvements Priority Determination DATE: June 27, 2014 BACKGROUND Adopted by the City Council in September 2003, Resolution 2003 -14 establishes the procedure for amending the priority determination of capital improvement projects eligible to receive funding from the Capital Improvements Fund, also known as the permanent third -penny sales tax. First, the Capital Improvements Committee conducts a public meeting to consider proposed amendments to the priority determination of projects proposed to be funded by the third -penny sales tax. Following such consideration, the Capital Improvements Committee shall provide a recommendation to the city Council regarding the proposed amendment. Next, the City Council conducts a public hearing in order to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee and the proposed amendment to the list of project priorities eligible to receive funding from the third - penny sales tax. Notice of the public hearing must be made no less than five days prior to the public hearing. At the conclusion of the public hearing, the City Council must continue the matter for at least two weeks before taking any action to amend the project priority listing. Any action taken by the City Council to amend the current list of priority projects must be made by adopting a resolution. CURRENT PROJECT PRIORITIES: Adopted July 16, 2013, Resolution 2013 -13 designated the following list of projects as priorities eligible for funding from the Capital Improvements Fund: • East 86th Street North Widening Project (Main to Memorial) • East 106th Street North and North Garnett Road Intersection Improvements • East and West Service Roads between E. 66th Street North and E. 126th Street North • E. 76th Street North Widening Project from Hwy 169 to N. 129th East Avenue • Sportspark • Vehicle Maintenance Facility • Main Police Station /City Hall • East 96th Street North & North 129th East Avenue Infrastructure Improvements • Annual Street Rehabilitation Program • Garnett Road Widening Project from E. 96th Street North to E. 106th Street North • Elm Creek Park Improvements Transportation Master Plan INTERSECTION IMPROVEMENTS: The E 11 6th St N and N 129th E Ave intersection is a heavily trafficked area that conveys residential and commercial traffic, as well as commuter traffic to and from Owasso. This roadway accommodates a large percentage of local traffic and is significant in the distribution of traffic to and from the Collinsville and to commercial areas near Hwy 169 and E 1 16th St N. With the continued residential and commercial growth in the area, Tulsa County and City of Owasso have been discussing potential funding options and construction timelines. A proposed solution involves a joint partnership to share costs relating to the planning and construction phase of E 1 16th St N and N 129th E Ave intersection improvements. Funding for the project would be through the ODOT Surface Transportation Program which provides federal funds in the amount of 80% for the construction cost and requires a 2097o local match (City of Owasso /Tulsa County). CAPITAL IMPROVEMENTS COMMITTEE RECOMMENDATION: On May 27 2014, the Capital Improvements Committee held a Special Meeting in accordance with the Oklahoma Open Meeting Act and City Council Resolution 2003 -14. The purpose of the meeting was to consider a recommendation to the City Council to amend the current list of projects funded through the Capital Improvements Fund. CIP Committee members discussed an overview of the intersection improvements. At the conclusion of the meeting, the Capital Improvements Committee voted unanimously to submit a recommendation to the Owasso City Council amending the priority determination to include Intersection Improvements at East 116th Street North and North 129th East Avenue. PUBLIC HEARING: In accordance with the procedure for amending the priority determination of capital improvement projects, the City Council must conduct a public hearing in order to receive and consider citizen input relevant to the recommendation made by the Capital Improvements Committee. Notice of the public hearing must be made no less than five days prior to the public hearing. Information regarding the public hearing was published in the Thursday, June 5, 2014 edition of the Owasso Reporter as required by Resolution 2003 -14 and the public hearing was conducted on June 17, 2014. RECOMMENDATION: Staff recommends approval of Resolution No. 2014 -05 amending the priority determination to include Intersection Improvements at East 1 16th Street North and North 129th East Avenue, ATTACHMENT: A. Resolution No. 2014 -05 CITY OF OWASSO, OKLAHOMA RESOLUTION NUMBER 2014 -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, AMENDING THE PRIORITY DETERMINATION OF CAPITAL IMPROVEMENT PROJECTS TO ADD INTERSECTION IMPROVEMENTS AT NORTH 129 EAST AVENUE AND EAST 116 STREET NORTH WHEREAS, on the 141h day of October, 2003, the citizens of the City of Owasso, Oklahoma, approved Ordinance Number 763, providing for the extension of the third penny sales tax and further, restricting the use of said sales tax generated by such third penny extension to capital projects reviewed by the Capital Improvements Committee and approved by the City Council by resolution; and, WHEREAS, the City Council by previous Resolutions designated the following Capital Improvement projects as priority projects eligible for funding from the Capital Improvement Fund: East 861h Street North Widening Project (Main to Memorial) East 106th Street North and North Garnett Road Intersection Improvements East and West Service Roads between E. 66th Street North and E. 126th Street North E. 761h Street North Widening Project from Hwy 169 to N. 129th East Avenue Sportspark Vehicle Maintenance Facility Main Police Station /City Hall East 96th Street North & North 129th East Avenue Infrastructure Improvements Annual Street Rehabilitation Program Garnett Road Widening Project from E Elm Creek Park Improvements Transportation Master Plan 961h Street North to E. 1061h Street North WHEREAS, the City Council, after having received a recommendation from the Capital Improvements Committee that Intersection Improvements at East 116 Street North and North 129 East Avenue be added as a priority capital project and after properly notifying the Public in accordance with Resolution No. 2003 -14, has held a Public Hearing on Tuesday, June 17, 2014, as required by the aforesaid resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, that, to -wit: The Capital Projects heretofore designated Intersection Improvements Project at East 1 approved and shall be considered as a Improvements Fund. ATTEST: Sherry Bishop, City Clerk as priorities be amended by providing, to -wit: the 16 Street North and North 129 East Avenue is hereby priority capital project for funding from the Capital DATED this 1 st day of July, 2014 Jeri Moberly, Mayor (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney T out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones Finance Director SUBJECT: Ordinance No. 1035 Water Rate Increase DATE: June 27, 2014 BACKGROUND: The Owasso Public Works Authority purchases treated water from the City of Tulsa. On March 31, 2014, the City of Tulsa notified Owasso of a water rate increase effective October 1, 2014. Rates for water purchased by the OPWA from the City of Tulsa will increase from $2.96 to $3.17 per 1,000 gallons. Tulsa water is delivered to Owasso through three master meters. The monthly meter charge will also increase from $450.05 to $481.56 for a monthly meter fee increase of $31.51. In order for the City to recover the increased cost of service, staff proposes a rate increase of twenty -one cents per thousand gallons of water usage to customers inside the city limits plus the respective monthly increase based on the size of meter. Staff further proposes that rates for customers outside the city limits continue to be 2017o more than rates for customers within the city limits in accordance with the previous City Ordinance establishing the different rate structures for customers outside the city limits. The proposed minimum volume charge per 1,000 gallons of water usage would increase from $4.81 to $5.02 for customers inside the city. The monthly cost of the proposed rate increase to a city customer who uses 7,000 gallons of water with a 3/4" meter would be $1,47 per month or $17.64 per year, an amount equal to the Tulsa rate increase. The proposed increase for rural customers using 7,000 gallons per month would be $1.75 or $21.00 per year. Rate changes require the approval of the Owasso Public Works Authority and the Owasso City Council through Trustee Resolution and City Council Ordinance. RECOMMENDATION: Staff recommends City Council approval of Ordinance No. 1035 establishing water rates to be effective October 1, 2014. ATTACHMENTS: Ordinance No. 1035 Letter from City of Tulsa ORDINANCE NO. 1035 CITY OF OWASSO, OKLAHOMA AN ORDINANCE ADOPTING AND APPROVING THE WATER RATES AS SET BY THE OWASSO PUBLIC WORKS AUTHORITY PURSUANT TO RESOLUTION NO. 2014 -05 OF SAID BODY; AND AMENDING PART 17 UTILITIES, CHAPTER 1, SECTION 17 -109 WATER RATES; AND ESTABLISHING AN EFFECTIVE DATE AND DIRECTING CODIFICATION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, SECTION ONE: The water rates hereinafter set forth as established by the Owasso Public Works Authority, An Oklahoma Public Trust having the City of Owasso, Oklahoma as its beneficiary, are hereby adopted, approved and directed to be implemented in accordance with OPWA Resolution No. 2014 -05 of the Owasso Public Works Authority dated July 1, 2014. SECTION TWO: The provisions of the City of Owasso Code of Ordinances, referenced as Part 17, Utilities, Chapter 1, Water, Section 17 -109 Water Rates, shall be amended as follows: Section 17 -109 WATER RATES A. There are hereby established the following uniform rates for the Minimum Meter Charge for each Meter Size and the Tier Rates for the volume of water delivered during each calendar month at each connection to the water system serving one household or business located within the corporate limits of the City, as shown by the water meter at such connection; provided that, regardless of amount of water metered, the monthly charge for water for each connection shall not be less than the "minimum meter charge" set forth: WATER RATES MONTHLY (effective 10/01 /2014 Meter Size Minimum Meter Charge for First 1,000 gallons 3/4" $11.50 V, 12.40 1 1/ " 14.40 2° $15.40 3" $30.40 4" $35.40 6" 50.40 Hydrant $75.00 Usage Tier Rates Volume Rate per 1,000 gallons First 1,000 gallons Minimum Meter Charge 2,000 gallons $5.02 3,000 - 5,000 gallons $5.07 6,000 - 10,000 gallons $5.12 1 1,000 - 20,000 gallons $5.16 21,000 gallons or more $5.21 B. There are hereby established the following uniform rates for the Minimum Meter Charge for each Meter Size and the Tier Rates for the volume of water delivered during each calendar month at each connection to the water system serving one household or business located outside the corporate limits of the City, as shown by the water meter at such connection; provided that, regardless of amount of water metered, the monthly charge for water for each connection shall not be less than the "minimum meter charge" set forth: WATER RATES MONTHLY (effective 10 /01 /2014) Meter Size Minimum Meter Charge for First 1,000 gallons 3/4" $13.80 V, 14.88 1 '/z " 17.28 2" 118.48 3" 136.48 4° 142.48 6" 60.48 Usage Tier Rates Volume Rate per 1,000 gallons First 1,000 gallons Minimum Meter Charge 2,000 gallons $6.02 3,000 - 5,000 gallons $6.08 6,000- 10,000 gallons $6.14 11,000 - 20,000 gallons $6.19 21,000 gallons or more $6.25 SECTION THREE: CODIFICATION The City of Owasso Code of Ordinances is hereby amended by Part 17, Utilities, Chapter 1 Water, Section 17 -109 Water Rates. SECTION FOUR: REPEALER All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION FIVE: SEVERABILITY If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION SIX: 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. PASSED AND APPROVED this 1s+ day of July 2014. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Q)Tuisa CITY OF A New Kind of Energy March 31, 2014 Mr. Roger Stevens, Public Works Director City of Owasso PO Box 180 Owasso, OK 74055 -0180 Clayton Edwards, Director WATER AND SEWER DEPARTMENT RE: Fiscal Year 2014 -2015 Tulsa Wholesale Water Rates Dear Mr. Stevens: The City of Tulsa and Tulsa Metropolitan Utility Authority (TMUA) endeavor to ensure clear, timely and accurate communications with the communities to which we supply water, including the City of Owasso. Review and refinement of the Water Department's FY 14 -15 operating and capital budgets is underway, but the budgets on which Tulsa's City Council have been briefed anticipate approval of the proposed increase cited below. If approved, the new rates will be effective October 1, 2014. This letter is to give you sufficient notice to plan for the rate changes in your next budget cycle. The current rates and proposed Increase for FY 2014 -2016 are shown in the table below. Monthly Service Charge / Volume Charge Meter Size Current Rates Effective 1010112013 Proposed FY 2014-2016% Chan a Proposed FY 2014 -2015 Rates 5/8" $ 6.83 7.0 $ 7.31 1" $ 8.51 7.0 $ 9.11. 1Y:" $10.17 7.0 $10.88 2" $ 14.85 7.0 $ 15.89 3" $ 43.25 7.0 $ 46.28 4" $ 60.21 7.0 $ 64.42 6" $ 93.85 7.0 $ 100.42 8" $130.79 7.0 $ 139.95 10" $178.10 7.0 $ 190.57 Volume Charge (per 1,000 gallons Permanent Service $ 2.96 7.0 $ 3.17 Limited Term Service $ 5.26 7.0 $ 5,63 Emergency Service 1 $ 9.57 7.0 1 $ 10.24 A listing of your active meters and accounts Is attached. We will Inform you once the rates and the fiscal year 2015 budgets are approved. I can be reached at 918-596-7810 should you have any questions, or contact Utilities Services Manager Mark Weathers at 918 - 596 -9550. Best Regards, CITY LSA WATER AN" SEWER DEPARTMENT Clayton dwards, P.E., Director Attachment CITY HALL AT ONE TECHNOLOGY CENTER 175 E. 2 "d Street, Suite 885,'1'ulsa, OK 74103 Office (918) 596. 9550 Fax 918 -699 -3358 Email miyeathers@cityofttilsn.org wlvw.c tyojlalsa.org Customer Name Account Status Service Address IMeterNumbee. Type ISize CITY OF OWASSO 10368888 Active 7595 N MINGO RD DUR0141654 ; 71 10" CITY OF OWASSO 10368888 Active 7595 N MINGO RD NPR0141620 { 71 16" CITY OF OWASSO 10368888 Active 7595 N MINGO RD NPR 0141654 71 10" CITY OF OWASSO 10557536 Active 10600 N SHERIDAN RD NPR0190282 71 20" Z:WtrM Wer Ws JC Utird=Sawi MenngMM wMe%Mll 3pi Mf Meet P�IO UIOti,x APF_M OrWgM The City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso The Honorable Chairman and Trustees Owasso Public Works Authority FROM: Chelsea Levo Economic Development Director SUBJECT: Sprouts Fresh Market Economic Development Agreement DATE: June 27, 2014 BACKGROUND: Sprouts Fresh Market has shown interest in Owasso since June of last year when representatives met with city staff members Warren Lehr and Chelsea Levo. Sprouts was interested in locating on an available pad site in the Sam's Club development area among other various sites in the area. Representatives of Armstrong Development (Armstrong 96 & 129 Owasso, LLC) for Sprouts Fresh Market (SFM, LLC) met with city staff, on April 2, 2014 to discuss the Sam's Club location. Representatives informed staff that Sprouts had received incentives from nearby suburban communities for locating stores there because the inventory created a "destination retail opportunity." Sprouts is a "specialty grocer" made up of a large percentage (up to 60 -70 %) of unique specialty items and brands that are not found in the local grocery stores, but only in stores like Whole Foods, Trader Joe's or Petty's Fine Foods at Utica Square. The Owasso Economic Development Authority (OEDA) discussed this in executive session during their meeting on April 10, 2014. Later the Council discussed incentive options based on Sprouts' guarantee of revenue projections. ECONOMIC DEVELOPMENT AGREEMENT: An economic development agreement was drafted among the Owasso Public Works Authority (OPWA), the City of Owasso, Armstrong 96 & 129 Owasso, LLC and Sprouts Fresh Market (SFM, LLC). In consideration of the agreement of Sprouts and Armstrong to locate, and cause the development of the Store, and to create and maintain permanent full -time employees at the Store, the OPWA agrees to pay Sprouts in an aggregate amount not to exceed $150,000.00. A summary of obligations is as follows: Armstrong and Sprouts Fresh Market will construct a store in the Sam's Club development area; Annual payments to Sprouts will begin only after all payments by the OPWA pursuant to the Sam's Construction Agreement have been fully paid and satisfied (estimated to be 2020); Annual payments by the OPWA will be made in the amount of thirty thousand dollars ($30,000) each for a maximum period of five (5) years beginning no earlier than six (6) months following the final payment under the Sam's Construction Agreement; • Annual payments will be conditioned upon Sprouts generating no less than three hundred thousand dollars ($300,000) in sales tax from the Store for each year an annual payment is made by the City of Owasso to Sprouts; • Total payments to Sprouts under this Agreement will not exceed one hundred fifty thousand dollars ($150,000). The City Council discussed variables in the agreement during executive session on Tuesday, June 3, 2014 and voted in the regular meeting to authorize the City Manager to pursue negotiations with Sprouts Fresh Market, as recommended. The City, Armstrong and Sprouts have agreed to the terms in the contract presented. PROPOSED ACTION The OPWA was created under a Trust Indenture on January 10, 1973, as a public trust for the use and benefit of its sole beneficiary, the City, under authority of and pursuant to Title 60, Oklahoma Statutes, § §176, et seq. Among the OPWA's stated purposes are those promoting and encouraging the development of industry and commerce within and without the territorial limits of the City. The City and the OPWA deem it appropriate to approve the execution and delivery of this Agreement and have determined such actions are in the best interests of the City and the health, safety, and welfare of the City and residents within and near the City. The City acknowledges that the OPWA is without material financial means to fund economic development program and that as the OPWA's sole beneficiary the City agrees to assist the OPWA through the provision of the necessary financial resources to meet its obligations under this Agreement subject to annual appropriation. RECOMMENDATION: Staff recommends City Council approval of the proposed economic development agreement among the OPWA, the City of Owasso, Armstrong, and SFM, LLC In the amount of $150,000 as set forth in the Agreement and Council approval of the indebtedness of the OPWA as set forth in the agreement. Staff recommends OPWA Trustee approval of the proposed economic development agreement among the OPWA, the City of Owasso, Armstrong, and SFM, LLC In the amount of $150,000 as set forth in the Agreement. ATTACHMENT: Economic Development Agreement SFM Owasso, OK EDA V4.1 (JBC 061614) ECONOMIC DEVELOPMENT AGREEMENT by and between OWASSO PUBLIC WORKS AUTHORITY, THE CITY OF OWASSO, OKLAHOMA, ARMSTRONG 96 & 129 OWASSO, LLC, SFM, LLC ECONOMIC DEVELOPMENT AGREEMENT THIS ECONOMIC DEVELOPMENT AGREEMENT (the "Agreement") made effective as of the day of , 2014, by and between OWASSO PUBLIC WORKS AUTHORITY, an Oklahoma public trust (together with its successors and assigns, the "Authority "), THE CITY OF OWASSO, OKLAHOMA, an Oklahoma municipal corporation (together with its successors and assigns, the "City ", which term, when used in such context, shall also mean and refer to the area within the territorial limits of the City), SFM, LLC, a Delaware limited liability company (together with its successors and assigns, "Sprouts "), and ARMSTRONG 96 & 129 OWASSO, LLC, an Oklahoma limited liability company (together with its successors and assigns, "Armstrong "). WITNESSETH: WHEREAS, the City is vitally interested in the economic welfare of its citizens and desires to enhance the City's capabilities for economic growth and development; and WHEREAS, Sprouts is a publically traded corporation headquartered in Phoenix, Arizona, with more than 175 Sprouts Farmers Market stores in nine (9) states and currently employs more than 14,200 individuals; and WHEREAS, Sprouts is a specialty grocery store retailer and is interested in locating a store in the City at or near the NEC of East 96h Street North and North 1291h East Avenue (the "Site "); and WHEREAS, it is estimated that the location of the Sprouts Farmers Market store (the "Store ") on property located in the City will result in the employment of approximately 112 full -time and part-time employees with an annual payroll of approximately $2,400,000.00; and WHEREAS, the City reasonably expects that the establishment of the Store in the City will retain and potentially increase overall payroll tax values, vendor sales tax values and property tax values in, and the sales tax revenues of, the City; and WHEREAS, a declared goal of the City is to encourage and facilitate economic development within and near the City by attracting new industry and commercial businesses to the Owasso area, and to promote the economic health and expansion of existing industry and commercial businesses within the City; and WHEREAS, the City recognizes that the Store will have direct and indirect economic benefits for the City as the City reasonably expects (i) to realize increased sales tax revenues from Sprouts' sales, purchases by Sprouts employees and Sprouts' purchases from local vendors; (ii) increases in ad valorem revenues to be derived therefrom by the local school district; (iii) the Store will generally enhance property values, both residential and commercial, within the City; and (iv) that the Store's operation will otherwise contribute significantly to the economic well being of the citizens of, and residents within and near, the City, and those in Tulsa County, Oklahoma ( "Tulsa County "), and the State of Oklahoma (the "State ") generally; and SFM Owasso, OK EDA V4.1 (JBC 061614) WHEREAS, the City also recognizes that the Store and its operations will have additional and indirect economic benefits within and near the City, in Tulsa County and in the State through, including without limitation, diversifying the local economy, providing economic stimulus for additional employment and other development, and providing training and employment opportunities in services, sales and management skills; and WHEREAS, the location of the Store in the City is reasonably expected to attract organizations, individuals and customers from without the City's territorial limits with the reasonably expected result of encouraging and facilitating additional economic development within and near the City, promoting the expansion of existing industry, commercial and retail enterprises within the City, and diversifying the City's economy; and WHEREAS, the location of the Store in the City is reasonably estimated to generate, on an annual basis, an additional $10,000,000.00 in taxable sales revenues by its third year of operation, thereby permitting the City to expand its general services; and WHEREAS, in connection with such reasonable expectations and following extensive negotiations with Sprouts, the Authority and the City have determined that it is necessary and appropriate for the City to provide Sprouts with certain contingent Project - related incentives in an aggregate amount of not to exceed $150,000.00; and WHEREAS, implementation of this Agreement, which is reasonably expected to facilitate the realization of the aforesaid economic benefits to the City and general area, would otherwise be difficult or impossible without certain apportionments of City sales taxes, other forms of public assistance and the involvement of both the City and the Authority; and WHEREAS, having been induced by the offer of such incentives, and contingent thereon, Sprouts agrees to enter into a lease for and to operate a Store at the Site (as hereinafter defined); and WHEREAS, the Authority was created under a certain Trust Indenture dated January 10, 1973, (the "Authority Trust Indenture "), as a public trust for the use and benefit of its sole beneficiary, the City, under authority of and pursuant to Title 60, Oklahoma Statutes, § §176, et seq.; and WHEREAS, among the Authority Trust Indenture's stated purposes are those of promoting and encouraging the development of industry and commerce within and without the territorial limits of the City by instituting, furnishing, providing and supplying property, improvements and services for the City and for the inhabitants, owners and occupants of property, and governmental, industrial, commercial and mercantile entities, establishments, and enterprises within and without the City; promoting the general convenience, general welfare and public safety of the residents of the City; acquiring by purchase real property useful in instituting, furnishing, providing, or supplying any of the aforementioned property, improvements and services; complying with the terms and conditions of contracts made in connection with or for the acquisition of any of said properties; receiving funds, property and other things of value 2 SFM Owasso, OK EDA V4.1 (JBC 061614) from, among others, the City; and participating in State and other programs which are to the advantage of the Authority and the City, and the Authority has determined that its undertakings and the performance of its obligations under this Agreement, are authorized and proper functions under the Authority's Trust Indenture; and WHEREAS, both the City and the Authority deem it appropriate to approve the execution and delivery of this Agreement in the interest of providing for the implementation of the Project (as hereinafter defined) and have determined such actions are in the best interests of the City and the health, safety, and welfare of the City and residents within and near the City. NOW, THEREFORE, in consideration of the covenants and mutual obligations herein set forth and other consideration, the sufficiency of which the parties hereby acknowledge, the parties hereto hereby covenant and agree as follows: ARTICLE I DEFINITIONS "Agreement" and such terms as "herein," "hereof," "hereto," "hereby," "hereunder," and the like shall mean and refer to this Agreement, and any and all supplements, modifications and /or amendments hereto. "Annual Period" shall mean the period between each July 1 and the succeeding June 30; provided however, if the Operations Commencement Date occurs on any date other than the first day of July, Annual Period shall mean and refer to the period commencing on the Operations Commencement Date and ending on the succeeding June 30. "Armstrong" shall mean Armstrong 96 & 129 OWASSO, LLC, an Oklahoma limited liability company, the proposed future landlord of Sprouts, under a certain Lease Agreement to be executed prior to the beginning of construction and with a term of no less than fifteen (15) years. "Authority" shall mean Owasso Public Works Authority, an Oklahoma public trust of which the City is sole beneficiary. "City" shall mean The City of Owasso, Oklahoma, an Oklahoma municipal corporation, and, as the case may be, shall mean and refer to such agency, department or instrumentality of the City as may have, or shall have been charged with, primary responsibility for any given Agreement - subject activity. "Construction Plans" shall mean such architectural and engineering drawings, plans, specifications, and other documentation as may be reasonably necessary to describe the nature, scope, materials, quality, quantity, and other information requisite for the construction and fitting of improvements and /or structures included, or to be included, within the Project, subject to the same having first been agreed to and approved by the parties to this Agreement. "Continuously Operate" shall mean the operation of the Store during customary days and hours for Sprouts to operate its other stores, subject to temporary closures for repairs and restoration 3 SFM Owasso, OK EDA V4.1 (JBC 061614) and closures that are reasonably outside the control of Sprouts (such as events of casualty or condemnation). "Full -time Employee" shall mean an individual employed by Sprouts at the Store who works and is compensated for working not less than thirty -two (32) hours per week. "Infrastructure Improvements" shall mean improvements in the manner of water, sewer and other utility facilities and connections, storm water and storm water detention facilities, roadways and parking facilities, made or caused to be made by or on behalf of as the case may be, Sprouts at and on and, as the case may be, adjacent to or near the Premises or surrounding area in accordance with the Master Site Plan pursuant to this Agreement. "Master Site Plan" shall mean that certain master site plan to be developed and prepared on behalf of Sprouts for the Project, a copy of which, after the same shall have been approved by the City, shall be attached hereto as Exhibit A and made a part hereof. "Operations Commencement Date" shall mean the first day of the calendar month in which Sprouts shall open the Store. "Project" shall mean development of the Site and the construction, equipping and furnishing of the Store, and shall include the Infrastructure Improvements. "Project Plan" shall mean development of the Site and the construction, equipping and furnishing of the Store, and shall include the Infrastructure Improvements. "Sam's" shall mean and refer to Sam's Real Estate Business Trust, a Delaware statutory trust. "Sam's Construction Agreement" shall mean and refer to that certain Construction Agreement by and between the Authority and Sam's dated on or around April 24, 2012. "Site" and "Premises" shall mean and refer to the area of Willis Farms shopping center upon which the Store will be located, as set forth and described in Exhibit B, attached hereto and made a part hereof. "Sprouts" shall mean SFM, LLC, a Delaware limited liability company. "Sprouts Improvements" shall mean such improvements as are to be constructed by Sprouts or Armstrong, as Sprouts' landlord, within the boundaries of the Site and in accordance with the Project Plan. "Store" shall mean the Sprouts Fanners Market retail store consisting of approximately 27,000 square feet of aggregate building stricture floor area to be located at 9601 N. 133rd Ave E., Owasso, OK 74055. ARTICLE II NATURE OF THIS AGREEMENT SFM Owasso, OK EDA V4.1 (JBC 061614) 2.1 Scope of the Project The Store shall be developed, constructed and landscaped in conformity with the City's Zoning Ordinances and Building and Land Subdivision Codes. The Store is expected to commence operation with approximately 112 full and part -time employees at an aggregate annual payroll of approximately $2,400,000.00. 2.2 Relationship of the Parties. The undertakings of the parties under this Agreement require the mutual cooperation of the parties and their timely actions on matters appropriate and/or necessary to fully implement the provisions hereof. The parties agree to be diligent in using best, good faith efforts in performing and assisting one another, and requisite third parties, in performing their respective obligations under and /or relating to this Agreement, specifically including, without limitation, the performance obligations hereinafter set forth in Articles III and IV hereof. 2.3 Preparation and Approval of Master Site Plan. Sprouts and Armstrong shall prepare or cause to be prepared, for approval by the City, which shall not be unreasonably withheld or delayed, the Master Site Plan. ARTICLE III OBLIGATIONS OF THE AUTHORITY 3.1 City as Beneficiary of Author. The City is the sole beneficiary of the Authority. By mutual understanding between the City and the Authority, in accordance with the laws of the State, the Authority agrees to perform to the extent set forth in this Agreement the obligations and the responsibilities of the City, excepting only those obligations and responsibilities specifically reserved by and to be performed by the City pursuant to law or this Agreement. 3.2 Authority Approvals. The Authority agrees that any approvals it is required to make under this Agreement shall not be unreasonably withheld or delayed. In connection herewith, the Authority agrees that the City's approval of the Construction Plans shall also constitute the Authority's approval thereof, and the Authority agrees to coordinate its approvals of the Master Site Plan and the Project Plan with those of the City. 3.3 Job Creation and Economic Development Incentives. In consideration of the agreement of Sprouts and Armstrong to locate, and cause the development of the Store, and to create and maintain permanent Full -time Employees at the Store, the Authority agrees to pay job creation and economic development incentive payments to Sprouts in an aggregate amount of not to exceed $150,000.00, to be disbursed to Sprouts, subject to the City's annual appropriation and transfer of the appropriate funds therefor, as follows: (i) Annual payments (each referred to as an "Annual Payment ") to Sprouts shall begin only after all payments by the Authority pursuant to the Sam's Construction Agreement have been fully paid and satisfied (estimated to be 2020). (ii) Such Annual Payments by the Authority (a) shall be made annually and within sixty (60) days next following its receipt of Sprouts' report for each Annual 5 SFM Owasso, OK EDA V4.1 (JBC 061614) Period, as required under clause (iii) below; (b) shall be in the amount of Thirty Thousand Dollars ($30,000.00) each; (c) shall be made to Sprouts for a maximum period of five (5) years beginning no earlier than six (6) months following the final payment under the Sam's Construction Agreement; and (d) shall be conditioned upon Sprouts generating no less than Three Hundred Thousand Dollars ($300,000.00) in sales tax from the Store for each year an Annual Payment is made by the City of Owasso to Sprouts. Total payments to Sprouts under this Agreement shall not exceed One Hundred Fifty Thousand Dollars ($150,000.00) in total. (iii) Within sixty (60) days next following the end of each Annual Period following the date that all incentive payments have been made by the Authority to Sam's as required under the Sam's Construction Agreement, Sprouts shall furnish to the Authority and the City a report, prepared in compliance with the State Sales Tax Code and applicable ordinances, of the Store's aggregate taxable sales for the preceding Annual Period, the accuracy and correctness of which shall be certified to by such representative(s) of Sprouts as shall have primary responsibility for reporting all Store sales to the State, and which report shall be accompanied by, as the case may be, a copy or copies of all such taxable sales reports relative to the Store as are made to the State under the State Sales Tax Code and regulations for the like period. (iv) Should Sprouts fail to open the Store on or before October 1, 2015 (subject to unavoidable delays as defined in Section 7.10 hereof), or thereafter cease to Continuously Operate the Store at any time prior to the fifth (5`h) anniversary of the Operations Commencement Date, the Authority shall have no obligation to make any payment, or further payments, under this Section 3.3 and neither the City nor the Authority shall have any further obligation to Sprouts under this Agreement. ARTICLE IV OBLIGATIONS OF SPROUTS AND ARMSTRONG 4.1 Development of Premises. Sprouts and Armstrong shall diligently undertake the preparation of the Master Site Plan for submission to the authorized representatives of the City and the Authority for approval, which shall not be unreasonably withheld or delayed, on behalf of the City and the Authority. Following approval of the Master Site Plan and the Construction Plans by the City, Sprouts and Armstrong shall build, or cause to be built, the Store and other improvements in accordance with the Master Site Plan and the Construction Plans. 4.2 Performance of Project Covenants. At its sole cost, Armstrong shall construct the Store and such other related Site improvements as are provided for in this Agreement, with such construction to be commenced and completed in accordance with the following schedule, except to the extent of unavoidable delays (as defined in Section 7.10 hereof): a. Construction Start Date: September 1, 2014; and 6 SFM Owasso, OK EDA V4.1 (1BC 061614) b. Completion Date: April 1, 2015, 4.3 Job Creation. In each of the five (5) consecutive years following the Operations Commencement Date, Sprouts shall maintain approximately 85 full -time equivalent employees at the Store, commencing the first day of the sixth (6`h) month next following the Operations Commencement Date. 4.4 Minimum Investment. Sprouts and Armstrong, collectively, shall have, in the aggregate, invested not less than $3,000,000.00 for the acquisition and development of the Project, which includes fixturizing the Store for opening. 4.5 Contingency Obligations. (a) In the event that at any time during the term of this Agreement, taxes owed to the City by Sprouts become delinquent ( provided Sprouts shall have the right to timely and reasonably contest such taxes under applicable law), then Sprouts shall be in default under this Agreement. In the event of such default, the City shall give Sprouts and Armstrong written notice of such default, and if Sprouts has not cured such default within ninety (90) days of said written notice, this Agreement may be terminated by the City and the Authority, in which event any payment obligation of the Authority to Sprouts under Section 3.3 hereof shall be deemed to, and shall, terminate, effective as of the date of such termination. (b) In the event of the payment obligations of the Authority are terminated as next above provided, Sprouts shall repay to the Authority all amounts theretofore paid to Sprouts by the Authority hereunder prior to the date of such termination, which said amount(s) shall be due and payable within one - hundred twenty (120) days next following the first day of the month next following the month in which such termination shall have occurred. (c) It is expressly agreed that, notwithstanding any termination or expiration of this Agreement, the City, subject to any applicable statute of limitations, shall have the right, to be exercised upon reasonable prior notice, at any time and from time to time to audit the books and account records of the Store relative to Sprouts' taxable retail sales and to collect any amounts owed to the City or the Authority based on any adjustments in the Store's taxable sales made as the result of any such audit. The cost of such audit will be the sole responsibility of the City. 4.6 Infrastructure Improvements. The Infrastructure Improvements shall be made and constructed at the sole cost and expense of Armstrong, and in conformity with applicable City and State codes, ordinances and statutes. To the extent that any Infrastructure Improvements are made on or in public rights of way or an any other lands owned by the City, title to the same, upon the completion thereof, shall vest in the City and Armstrong shall furnish to the City any reasonably requested instruments of release or conveyance necessary to perfect the City's unencumbered title thereto. SFM Owasso, OK EDA V4.1 (IBC 061614) ARTICLE V OBLIGATIONS OF THE CITY 5.1 Financial and Other Assistance to the Authority. The City acknowledges that the Authority is without material financial means and that as the Authority's sole beneficiary the City agrees to assist the Authority through the provision of the necessary financial resources to meet its obligations under this Agreement subject to annual appropriation. In addition, the City agrees, as and when appropriate, to provide the Authority with the necessary logistical support (e.g., engineering and the preparation of necessary documentation for, and the conduct of, any required public bidding solicitations, etc.), including, as and when appropriate force work, to meet its other obligations hereunder. 5.2 City Approvals. The City agrees that any approvals its representative is required to make under this Agreement, whether with respect to the Master Site Plan, the Project Plan, the Construction Plans, or any other matter, shall not be unreasonably delayed and the City agrees to coordinate its approvals of the Master Site Plan and the Project Plan with those of the Authority. In connection herewith, the City agrees that its review and approval of the Master Site Plan, and the Project Plan to follow, shall be limited in its scope and focus on compliance with applicable provisions of the City's Zoning and Building Codes, and, to the extent appropriate, applicable provisions of state and federal law; coordination, locations and appropriate legal descriptions of necessary easements affecting the Site and the intended utilization of the Site and the Store; and the planning of, and the design and construction specifications for, the Infrastructure Improvements. The parties acknowledge and agree that the City's approval of the Master Site Plan and the Construction Plans shall also constitute approval thereof by the Authority. In further connection herewith, the City agrees that its review and approval of the Construction Plans shall be limited in its scope, with a focus on compliance with applicable provisions of the City's Zoning and Building Codes, and, to the extent appropriate, applicable provisions of state and federal law; verification of the locations and appropriate legal descriptions of necessary easements affecting the Premises and the intended utilization of the Store; and the construction specifications for the Infrastructure Improvements, whether or not to be constructed by or on behalf of the Authority. In addition, the City acknowledges that its approval of the Construction Plans shall also constitute the Authority's approval thereof. ARTICLE VI CONSTRUCTION AND INDEMNIFICATION PROVISIONS 6.1 Constriction Plans and Contracts. Prior to commencement of construction of the infrastructure improvements, Armstrong shall furnish to the City, for the City's prior approval, which approval shall not be unreasonably withheld or delayed, copies of all Construction Plans. The parties agree to cooperate and to use their respective commercially reasonable efforts to secure whatever assistance and approvals may be required from third parties in order to facilitate the preparation for and the course of such construction. 8 SFM Owasso, OK EDA V4.1 (JBC061614) 6.2 Indemnification. It is understood and agreed between the parties that Sprouts is performing its obligations hereunder, is acting independently, and the City and the Authority assume no responsibility or liability in connection therewith to third parties. Sprouts agrees to indemnify and hold harmless the City and the Authority, and their respective officers, agents and employees, from and against any and all third party claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage, or other harm for which recovery of damages is sought, suffered by any person or persons that may arise out of or be occasioned by any of the terms or provisions of this Agreement, or by any negligent act or omissions of Sprouts or its officers, agents, associates, employees or contractors, in the performance of Sprouts' obligations under this Agreement. The provisions of this Section 6.2 are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. ARTICLE VII GENERAL PROVISIONS 7.1 Nondiscrimination. Sprouts agree not to discriminate on the basis of race, color, religion, gender, or national origin in the sale, lease, or rental or in the use or occupancy of the Site, the Store or any related facilities in violation of applicable law or regulation. 7.2 Conflict of Interest; Representatives not Individually Liable. No official or employee of the Authority or the City shall have any personal interest in or under this Agreement, nor shall any person voluntarily acquire any ownership interest, direct or indirect, in any legal entity which is a party to this Agreement. No official or employee of the Authority or the City shall be personally liable to Sprouts in the event of any default or breach by the Authority or the City or for any amount to become due to Sprouts under this Agreement. 7.3 Applicable Law. Severability and Entire Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma governing agreements made and fully performed in Oklahoma. If any provisions of this Agreement or the application thereof to any persons or circumstances shall, to any extent, be invalid or unenforceable, then the remainder of this Agreement or surviving portion(s) of such provision, and each other provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. This Agreement sets forth the entire understanding between the Authority, the City, Sprouts and Armstrong with respect to the subject matters of this Agreement, there being no terms, conditions, warranties or representations with respect to its subject matter other than as contained herein. 7.4 Third Parties. Except as expressly provided otherwise in this Agreement, the provisions of this Agreement are for the exclusive benefit of the parties hereto and not for the benefit of any other persons, as third -party beneficiaries or otherwise, and this Agreement shall not be deemed to have conferred any rights express or implied, upon any other person. 9 SFM Owasso, OK EDA V4.1 (JBC 061614) 7.5 No Partnership Created. This Agreement specifically does not create any partnership or joint venture between the parties hereto, or render any party liable for any of the debts or obligations of any other party. 7.6 Formalities and Authority. The parties hereto represent and warrant that they are validly existing and lawful entities with the power and authorization to execute and perform this Agreement. The headings set forth in this Agreement are for convenience and reference only, and in no way define or limit the scope or content of this Agreement or in any way affect its provisions. 7.7 Notices and Demands. Any notice, demand, or other communication under this Agreement shall be sufficiently given or delivered when it is deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, or delivered personally, as follows: to Sprouts: SFM, LLC 11811 North Tatum Boulevard, Suite 2400 Phoenix, Arizona 85028 Attention: Tax Director With a copy to: SFM, LLC 11811 North Tatum Boulevard, Suite 2400 Phoenix, Arizona 85028 Attention: Legal Department to Armstrone: Armstrong 96 & 129 OWASSO, LLC One Armstrong Place Butler, PA 16001 Attention: Douglas J. Kyle to the Citv: City Manager The City of Owasso 111 N. Main Street Owasso, Oklahoma 74055 to the Authority: 10 SFM Owazso, OK EDA V41 QBC 061614) Manager Owasso Public Works Authority I 1 I N. Main Street Owasso, Oklahoma 74055 With a copy to: City Attorney City of Owasso, Oklahoma 111 N. Main Street Owasso, Oklahoma 74055 or to such other address, within the United States, with respect to a party as that party may from time to time designate in writing and forward to the others as provided in this Section. A copy of any notice, demand or other communication under this Agreement given by a party under this Agreement to any other party under this Section shall be given to each other party to this Agreement. 7.8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and assigns. 7.9 Modifications. This Agreement cannot be changed orally, and no executory agreement shall be effective to waive, change, modify or discharge it in whole or in part unless such executory agreement is in writing and is signed by all parties hereto. 7.10 Unavoidable Delays. The time for performance of any term, covenant, condition, or provision of this Agreement shall be extended by any period of unavoidable delays. In this Agreement, "unavoidable delays" shall mean beyond the reasonable control of the party obligated to perform the applicable term, covenant, condition or provision under this Agreement and shall include, without limiting the generality of the foregoing, delays attributable to acts of God, strikes, labor disputes, governmental restrictions, court injunctions, riot, civil commotion, acts of public enemy and casualty, and shall not include any delays attributable to financial difficulties; provided, the assertion of any unavoidable delay shall be subject to the asserting party first giving written notice to the other parties of its claim thereof and thereupon and forthwith diligently and in good faith undertaking all reasonable efforts to overcome the conditions leading to or causing such delay. 7.11 Further Assurances. Each party agrees that it will, without further consideration, execute and deliver such other documents and take such other action, whether prior or subsequent to the consummation of the matters or completion of the undertakings set forth herein, as may be reasonably requested by any other party to consummate more effectively the purposes or subject matter of this Agreement. 7.12 Attorneys' Fees. In the event of any controversy, claim or dispute between the parties affecting or relating to the subject matter or performance of this Agreement, the prevailing party 11 SFM Owasso, OK EDA V4.1 OBC 061614) shall be entitled to recover from the non - prevailing party all of its reasonable expenses, including reasonable attorneys' fees. 7.13 Counterparts. This Agreement may be executed in several counterparts, and all such executed counterparts shall constitute the same agreement. It shall be necessary to account for only one such counterpart in proving this Agreement. 7.14 Authority's Limited Liabilit . The obligations of the Authority arising under or by virtue of this Agreement shall be limited to the interest of the Authority in such tax increment payments as are generated by and /or as the result of the Project and appropriated by the City for use by, and transferred to, the Authority for its use in performing its obligations under this Agreement, and such other funds of the Authority as are from time to time secured and allocated to the performance of the obligations of the Authority hereunder, and resort shall not be had to any other assets or resources of the Authority. 7.15 Construction of this Agreement. Each party acknowledges that it and its legal counsel have reviewed and, as the case may be, revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. [SIGNATURE BLOCKS TO FOLLOW ON NEXT PAGE] 12 SFM Owasso, OK FDA V4,1 (JBC 061614) IN WITNESS WHEREOF, the each of the parties has caused this Agreement to be executed by its duly authorized official(s), as of the date first above written. THE CITY OF OWASSO, a municipal corporation Mayor Reviewed as to form and legality this City Attorney ATTEST: (S E A L) City Clerk day of 2014. OWASSO PUBLIC WORKS AUTHORITY, an Oklahoma public trust By: Chairman SFM, LLC, a Delaware limited liability company By: Ted Frumkin Senior Vice President of Business Development ARMSTRONG 96 & 129 OWASSO, LLC, an Oklahoma limited liability company By: Armstrong Developers, Inc., its sole member By: Name: Title: 13 ATTEST: in Secretary (S E A L) SFM Owasso, OK EDA V4.1 (JBC 061614) STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for said County and State, on the day of personally appeared Mayor of THE CITY OF OWASSO, a municipal corporation, to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of said municipal corporation for the uses and purposes therein set forth. Given under my hand and seal the day and year above written. (SEAL) Notary Public My commission expires: My number is: STATE OF OKLAHOMA, ) ) ss. COUNTY OF TULSA ) Before me, the undersigned, a Notary Public in and for said County and State, on the day of I , personally appeared the Chairman, and the Secretary of OWASSO PUBLIC WORKS AUTHORITY, a public trust, to me known to be the identical persons who executed the within and foregoing instrument for and on behalf of said public trust and acknowledged to me that they executed the same as their free and voluntary acts and deeds, and as the free and voluntary act and deed of said public trust for the uses and purposes therein set forth. Given under my hand and seal the day and year above written. Notary Public My commission expires: My number is: (SEAL) 14 SFM Owasso, OK EDA V4.1 (JBC 061614) STATE OF ARIZONA, ) ) ss. COUNTY OF MARICOPA ) Before me, the undersigned, a Notary Public in and for said County and State, on the day of , 2014, personally appeared Ted Frumkin, Senior Vice President of Business Development of SFM, LLC, a Delaware limited liability company, to me known to be the identical person who executed the within and foregoing instrument and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of said limited liability company for the uses and purposes therein set forth. Given under my hand and seal the day and year above written. (SEAL) Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA ) )ss. COUNTY OF BUTLER ) On this day of 2014, before me, the undersigned notary public in and for said County and State, personally appeared before me to me personally known, who, being by me duly sworn, did say that he is the of Armstrong Developers, Inc., the managing member of ARMSTRONG 96 & 129 OWASSO, LLC, an Oklahoma limited liability company, and that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of said limited liability company for the uses and purposes therein set forth on behalf of the company. WITNESS MY HAND and notarial seal subscribed and affixed in said Commonwealth and State, the day and year in this certificate above written. Notary Public My commission expires: (SEAL) 15 SFM Owasso, OK EDA V4.1 (JBC 061614) EXHIBIT A Master Site Plan (To Come) SFM Owasso, OK EDA V4_1 (1BC 061614) EXHIBIT B Legal Description (To come) 17 SFM Owasso, OK EDA V4.1 (JBC 061614)