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Home My WebLink About2015.04.07_City Council Agenda1. Call to Order Mayor Jeri Moberly PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, April 7, 2015 - 6:30 pm 2. Invocation Pastor Chris Wall, Senior Pastor of First Baptist Church 3. Flag Salute 4. Roll Call RECEIVED APR 0 3 2015 City Clerk's Office 5. Presentation of a Proclamation declaring the month of April as Start Believing Month Mayor Jeri Moberly 6. Presentation of Employee of the Quarter Warren Lehr 7. Presentation of the Character Trait of Truthfulness Alvin Fruga, Character Council Member 8. 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. Approve minutes — March 17, 2015 Regular Meeting B. Approve claims C. Accept Agreement for Urban Engineering Services (Engineer Agreement): Villagomez Engineering Company - Dairy Queen D. Approve Resolution 2015 -07, approving an amended trust indenture for the Oklahoma Municipal Retirement Fund; providing amendments to authorize daily valuations and daily accounting for assets and providing procedures and rules for accounting of such assets within the plans administered by Oklahoma Municipal Retirement Fund; and continuing existing trust as amended in full force and effect 9. Consideration and appropriate action relating to items removed from the Consent Agenda 10. Consideration and appropriate action relating to Ordinance 1051, amending the City of Owasso Zoning Code by adding Sub - Section 860.5, Downtown Overlay District Bronce Stephenson Staff recommends approval of Ordinance 1051. PUBLIC HEARING 11. The City Council will conduct a public hearing for the purpose of receiving citizen input relating to the 2015 -16 Community Development Block Grant (CDBG) project Karl Fritschen Owasso City Council April 7, 2015 Page 2 12. Consideration and appropriate action relating to Resolution 2015 -05, requesting assistance from the Tulsa County CDBG Urban County Program and approval of the application identifying a sidewalk facility along N 127th E Ave as the preferred project for the 2015 -16 funding cycle and authorizes the Mayor to execute the necessary documents Karl Fritschen Staff recommends approval of Resolution 2015 -05. 13. Consideration and appropriate action relating to Resolution 2015 -06, granting authorization to the police officers to perform police functions outside of the city limits upon request of any municipal, county, or state law enforcement agency Scott Chambless Staff recommends approval of Resolution 2015 -06. 14. Consideration and appropriate action relating to a contract for audit services Linda Jones Staff recommends approval of a contract with McGladrey, LLP as auditors for fiscal year ending June 30, 2015. 15. Consideration and appropriate action relating to the purchase of a compact excavator Tim Doyle Staff recommends approval to purchase a new John Deere 50G compact excavator in the amount of $61,712 from Yellowhouse Machinery Company of Sand Springs, Oklahoma, per the Oklahoma State Bid Contract SW 190. 16. Report from City Manager • Monthly Public Works Project Status Report 17. Report from City Attorney 18. Report from City Councilors 19. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 20. Adjournment Notice of Public Meeting filed in the office of the City Clerk and Agenda posted at City Hall bulletin board at 6:00 pm on Friday, April 3, 2015. Ju ann M. Stevens, Deputy City Clerk The City of Owasso j! WE- 41 LvAma& M WHEREAS, The City of Owasso shares a critical concern for vicitms of sexual violence and a desire to support their need for justice and healing; and, WHEREAS, current estimates suggest no more than 20 percent of sexual assaults will be reported to law enforcement and less than 3 percent will result in the conviction and incarceration of the perpetrator; and, WHEREAS, research documents that victims are far more likely to disclose their sexual assault to a friend or family member, and should these loved ones respond with doubt, shame, or blame, victims suffer additional negative effects on their physical and psychological well - being, and, WHEREAS, the "Start by Believing" public awareness campaign is designed to improve the responses of friends, family members, and community professionals, so they can help victims access supportive resources and engage the criminal justice system. NOW, THEREFORE, I, Jeri Moberly, by virtue of the authority vested in me as Mayor of the City of Owasso, do hereby proclaim April as Start hy Believing in the City of Owasso, and do further encourage all persons to pave the way for victims to achieve justice and healing, so their decision to come forward and seek help is a safe one. IN WITNESS THEREOF, I have hereunto set my hand and caused the seal of the City of Owasso to be affixed this Th day of April, 2015. Jeri Moberly, Mayor OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING Tuesday, March 17, 2015 The Owasso City Council met in regular session on Tuesday, March 17, 2015 in the Council Chambers at Old Central, 109 N Birch, Owasso, Oklahoma 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, March 13, 2015. 1. Call to Order Mayor Jeri Moberly called the meeting to order at 6:30 pm. 2. Invocation The invocation was offered by Grant Collins, Children's Minister of First Baptist Church. 3. Flag Salute Vice -Mayor Dunn 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 5. Presentation of a Donation from Friends of the Owasso Police Ms. Sydney Jones, Board Member, presented the $5,500 donation to Owasso Police. Chief Scott Chambless introduced "Mo" the new K -9 officer purchased with the funds. 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. Approve minutes • March 3, 2015 Regular Meeting • March 10, 2015 Regular Meeting B. Approve claims C. Receive monthly budget status report D. Accept the Friends of the Owasso Police Department donation and approve a budget amendment in the General Fund, increasing the estimated revenue and increasing the appropriation for expenditures by $5,500 in Police department E. Accept Agreement for Urban Engineering Services (Engineer Agreement) - Cochran, for site development improvements and offsite traffic improvements to serve Walmart Neighborhood Market Mr. Dunn moved, seconded by Mr. Bonebrake to approve the Consent Agenda with claims totaling $191,187.02. Also, included for review were the self- insurance claims report and payroll report for 03/07/15. Owasso city council March 17, 2015 Page 2 YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 7. Consideration and appropriate action relating to items removed from the Consent Agenda None PUBLIC HEARING 8. The City Council will conduct a public hearing for the purpose of receiving citizen input relating to the Downtown Overlay District Bronce Stephenson presented the item. The Mayor opened the Public Hearing for comment. Three citizens offered input. Consideration and appropriate action relating to annexation OA -15 -01 for property located at northwest corner of E 86th St N and N Mingo Rd Bronce Stephenson presented the item recommending approval of OA- 15 -01, annexation of the subject property, assigning a base zoning of AG (Agriculture). After discussion, Mr. Bonebrake moved, seconded by Mr. Bush, to approve OA- 15 -01, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to the land purchase for Fire Station #4 and authorization for City Manager to execute contract Chris Garrett presented the item recommending approval to purchase the ten -acre property at 11933 E 116th St N from Danny and Barbara Eberle for $500,000, and authorize the City Manager to execute a contract with the Eberles to initiate the purchase. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to approve the purchase of land for Fire Station #4 in the amount of $500,000, and to authorize the City Manager to execute the contract. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 11. Consideration and appropriate action relating to Resolution No. 2015 -04, amending the fiscal year 2015 General Fund budget by increasing the appropriation to the Fire Department by $500,000 and amending the expected fiscal year 2016 General Fund budget by reducing the appropriation to the Fire Department by an equal amount. Sherry Bishop presented the item recommending approval of Resolution No. 2015 -04. After discussion, Mr. Dunn moved, seconded by Dr. Kelley to approve Resolution No. 2015 -04, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 12. Report from City Manager None 13. Report from City Attorney None Owasso City Council March 17, 2015 Page 3 14. Report from City Councilors None 15. New Business None 16. Adjournment Mr. Bonebrake moved, seconded by Mr. Bush to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried 5 -0 and the meeting adjourned at 7:19 pm. Jeri Moberly, Mayor Lisa Wilson, Minute Clerk Claims List 4107/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount GENERAL TREASURER PETTY CASH CCREFUND /PHILLIPS 50.00 TREASURER PETTY CASH CC REFUND /HAWZIPTA 90.00 TREASURER PETTY CASH CC REFUND /OVERSTREET 50.00 TREASURER PETTY CASH CC REFUND /FLANAGAN 50.00 TREASURER PETTY CASH CC REFUNDIGOODELL 50.00 TREASURER PETTY CASH CC REFUND /AVERY 50.00 TREASURER PETTY CASH OC REFUND /OCR 250.00 TREASURER PETTY CASH CC REFUND /BALCH 50.00 TREASURER PETTY CASH CC REFUND /FORGES 50.00 TREASURER PETTY CASH CC REFUNDNVILLYARD 50.00 TREASURER PETTY CASH CC REFUND /JOHNSON 50.00 TREASURER PETTY CASH ICC REFUND /RAY 50.00 TOTAL GENERAL 840.00 MUNICIPAL COURT LAW ENFORCEMENT SYSTEMS TICKET BOOKS 999.00 JPMORGAN CHASE BANK OFFICE EVERYTHING - SUPPLIE 84.81 YOUTH SERVICES OF TULSA YOUTH SERVICES PROGRAMS 4,125.00 JPMORGAN CHASE BANK SAMS CLUB- SUPPLIES 6.07 TOTAL MUNICIPAL COURT 5,214.88 MANAGERIAL JOHN FEARY MILEAGE REIMB /FEARY 285.52 JPMORGAN CHASE BANK LODGING EXPENSE 161.90 JOHN FEARY MILEAGE REIMB /FEARY 285.52 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES 12.12 JPMORGAN CHASE BANK MEETING EXPENSE 20.85 JPMORGAN CHASE BANK MEETING EXPENSE 13.93 JPMORGAN CHASE BANK TULSA CHAMBER-ONEVO ICE 50.00 JPMORGAN CHASE BANK TULSA CHAMBER- ONEVOICE 50.00 JPMORGAN CHASE BANK MEETING EXPENSE 26.77 JPMORGAN CHASE BANK MEETING EXPENSE 37.15 JPMORGAN CHASE BANK MEETING EXPENSE 22.88 JPMORGAN CHASE BANK IWORKSESSION EXPENSE 94.47 TOTAL MANAGERIAL 1,061.11 FINANCE JPMORGAN CHASE BANK KIPLINGER- SUBSCRIPTION 49.00 JPMORGAN CHASE BANK GFOA- WEBINAR TRAINING 85.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 6.15 JPMORGAN CHASE BANK SAMS CLUB- SUPPLIES 6.07 PROSERV BUSINESS PRODUCTS, LLC PRINTED CHECK STOCK 86190 TOTAL FINANCE 1,010.12 HUMAN RESOURCES URGENT CARE OF GREEN COUNTRY, P.L.L IPRE EMPLOYMENT DRUG SCREE 287.00 URGENT CARE OF GREEN COUNTRY, P.L.L I RANDOM DRUG SCREENING 1,237.00 Page 1 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount HUMAN RESOURCES... COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 227.00 AMERICANCHECKED, INC ATTN: BILLING PRE HIRE BACKGROUND CHECK 454.50 JPMORGAN CHASE BANK CRAIGSLIST- ADVERTISING 25.00 JPMORGAN CHASE BANK TEST -DRUG TESTING 45.00 JPMORGAN CHASE BANK OWASSOISMS- ADVERTISING 60.00 JPMORGAN CHASE BANK TULSA WORLD- ADVERTISING 5,375.40 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 4.32 TOTAL HUMAN RESOURCES 7,715.22 HR - CHARACTER INITIATIVE JPMORGAN CHASE BANK CHARACTER BULLETINS 675.00 JPMORGAN CHASE BANK CHARACTER BANNERS 136.00 JPMORGAN CHASE BANK CHARACTER BANNERS 140.00 TOTAL HR- CHARACTER INITIATIVE 951.00 GENERAL GOVERNMENT JPMORGAN CHASE BANK ADMIRAL EXPRESS -PAPER 28.99 DRAKE SYSTEMS INC COPY SERVICES 406.44 RICOH USA, INC. COPY SERVICES 104.30 CINTAS CORPORATION CARPET CLEANING CITY HALL 61.31 AT &T CONSOLIDATED PHONE BILL 535.43 ROSENSTEIN, FIST, & RINGOLD INC. LEGAL FEES 7,009.60 DAVID L. WEATHERFORD LEGAL - GENERAL /JAN 2015 252.00 MCAFEE & TAFT LEGAL ARBITRATION 115.00 MCAFEE & TAFT LEGAL - DENTON 46.00 MCAFEE & TAFT LEGAL FEES 23.00 CINTAS CORPORATION CARPET CLEANING CITY HALL 62.23 CINTAS CORPORATION CARPET CLEANING CITY HALL 62.24 - COMMUNITY PUBLISHERS INC PUBLICATION, LEGAL NOTICE 414.40 AEP IPSO ELECTRIC USE 2,977.29 GRAND GATEWAY ECO. DEV. ASSC. PELIVAN TRANSIT SERVICES 5,100.00 JPMORGAN CHASE BANK ADMIRAL EXPRESS -PAPER 57.98 AT &T LONG DISTANCE PHONE BILL 43.66 JPMORGAN CHASE BANK ADMIRAL EXPRESS -PAPER 28.99 JPMORGAN CHASE BANK EL -JAY- COPYING SERVICES 412.00 TULSA COFFEE SERVICE INC JOPERATING SUPPLIES 115.76 TOTAL GENERAL GOVERNMENT 17,856.62 COMMUNITY DEVELOPMENT JPMORGAN CHASE BANK FUEL EXPENSE 20.00 TREASURER PETTY CASH TRAVEL REIMB /FRITSCHEN 4.00 TREASURER PETTY CASH TRAVEL REIMB /STEPHENSON 8.00 JPMORGAN CHASE BANK GRAPHIC RES- PLOTTER INK 448.85 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 53.92 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 15.12 JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 11.34 Page 2 Claims List 4/07/2015 Budget Unit Title I Vendor Name Payable Description IPaymentAmount TOTAL COMMUNITY DEVELOPMENT 561.23 ENGINEERING JPMORGAN CHASE BANK OFFICE DEPOT- SUPPLIES 5.80 OKLAHOMA FLOODPLAIN MANAGERS FLOODPLAIN MGRS WORKSHOP 100.00 TREASURER PETTY CASH COL LICENSE FEE 51.50 UNIFIRST HOLDINGS LP UNIFORM CLEANING 55.67 JPMORGAN CHASE BANK TRAINING EXPENSE 30.21 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNITED STATES CELLULAR CORPORATION PW CELL PHONES 56.53 JPMORGAN CHASE BANK 1OFFICE DEPOT - OFFICE CHAIR 1 129.99 TOTAL ENGINEERING 488.38 INFORMATION TECHNOLOGY SPOK, INC. PAGER USE 8.88 JPMORGAN CHASE BANK _ MICROSOFT- DOCKING STATION 199.99 JPMORGAN CHASE BANK COX -CITY INTERNET SERVICE 1,309.00 JPMORGAN CHASE BANK AMAZON -POWER SPUTTER 18.15 JPMORGAN CHASE BANK DELL -SAN SERVERS 25,560.15 JPMORGAN CHASE BANK DELL -SAN SERVER LICENSING 12,463.50 TOTAL INFORMATION TECHNOLOGY 39,559.67 SUPPORT SERVICES JPMORGAN CHASE BANK LOWES -LEAK REPAIR 13.26 JPMORGAN CHASE BANK OREILLY -FUSES 3.29 COPY WORLD BUSINESS SOLUTIONS, LLC QTRLY MAIM CHRGS- COPIER 110.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 JPMORGAN CHASE BANK LOCKE SUPPLY -PARTS 52.41 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, 104.73 JPMORGAN CHASE BANK INTERSTATE - BATTERIES 35.98 AT &T CONSOLIDATED PHONE BILL 20.22 JPMORGAN CHASE BANK LOWES -FLUSH LEVER 4.45 JPMORGAN CHASE BANK UPS STORE - SHIPPING 3104 JPMORGAN CHASE BANK COX - INTERNET 69.95 JPMORGAN CHASE BANK MURPHY SANITARY -SOAP 58.44 JPMORGAN CHASE BANK SCHINDLER- ELEVATOR MAINT 917.28 JPMORGAN CHASE BANK LOWES -PARTS 8.05 SPRINT SOLUTIONS, INC. SPRINT CARDS 79.98 JPMORGAN CHASE BANK LOWES -PARTS 35.31 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 32.20 JPMORGAN CHASE BANK SAMS CLUB- SUPPLIES 476.86 JPMORGAN CHASE BANK IJOHNSTONE SUPPLY- CLEANER 14.49 Page 3 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description Payment Amount SUPPORT SERVICES... JPMORGAN CHASE BANK LOWES- THERMOSTAT WIRE 18.99 JPMORGAN CHASE BANK LOWES -DRAIN AUGER 104.50 JPMORGAN CHASE BANK LIBERTY FLAGS -CITY FLAGS 31.50 JPMORGAN CHASE BANK LOCKE - HACKSAW 19.24 SPOK, INC. PAGER USE 8,88 JPMORGAN CHASE BANK HOME DEPOT -ROOF REPAIR 67.28 JPMORGAN CHASE BANK LOWES- CREDIT -1,47 JPMORGAN CHASE BANK LOWES- RETURNS -13.19 TOTAL SUPPORT SERVICES 2,360.12 CEMETERY AEPIPSO ELECTRIC USE 40.81 OWASSO TOP SOIL DIRT FOR CEMETERY 120.00 TOTAL CEMETERY 160.81 POLICE SERVICES JPMORGAN CHASE BANK OFFICESUPPLYCOM- SUPPLIES 42.82 AEP /PSO ELECTRIC USE 1,682.41 JPMORGAN CHASE BANK LOWES - SUPPLIES 1,54 JPMORGAN CHASE BANK SAFELITE - WINDSHIELD REPR 106.88 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE FYI 157.50 OWASSO FOP LODGE #14'9 POLICE DEPT LEGAL DEFENSE FY15 157.50 AT &T CONSOLIDATED PHONE BILL 516.40 JPMORGAN CHASE BANK ACORN - CLEET TRAINING EXP 324.00 JPMORGAN CHASE BANK FAMILY ANIMAL -K9 EXPENSE 55.00 JPMORGAN CHASE BANK STI- VEHICLE ANTENNAS 852.06 JPMORGAN CHASE BANK THOMSON WEST -CLEAR ACCESS 246.26 RICH & CARTMILL NOTARY BOND -JT LONG 30.00 PENNY HAMRICK TUITION REIMB /HAMRICK 825.60 JPMORGAN CHASE BANK TRAINING EXPENSE 15.97 URGENT CARE OF GREEN COUNTRY, P.1-1 PD VACCINATIONS 45.00 JPMORGAN CHASE BANK PUBLIC SAFETY -DRUG KITS 102.32 JPMORGAN CHASE BANK PRECISION DELTA - SUPPLIES 605.90 JPMORGAN CHASE BANK WALMART- SUPPLIES - 95.34 JPMORGAN CHASE BANK CAPITOLFLAGS- SUPPLIES 199.00 SPOK, INC. PAGER USE 35.52 JPMORGAN CHASE BANK TARGET - DIGITAL CAMERA 89.99 JPMORGAN CHASE BANK RAYALLEN MGF- SUPPLIES 16.99 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 157.48 JPMORGAN CHASE BANK AUTO PRIDE - SUPPLIES 4.00 JPMORGAN CHASE BANK ELITE K -9- REFUND -34.95 JPMORGAN CHASE BANK LOWES -SALES TAX CREDIT -0.12 JPMORGAN CHASE BANK FLEET - GARAGE PARTS 399.95 JPMORGAN CHASE BANK ADMIRAL EXPRESS -PAPER 57.98 JPMORGAN CHASE BANK TROPHY & PLAQUE- AWARDS 64.50 JPMORGAN CHASE BANK USPS- MAILING COSTS 7.40 Page 4 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount POLICE SERVICES... JPMORGAN CHASE BANK PETSMART- SUPPLIES 59.99 JPMORGAN CHASE BANK RAYALLEN- SUPPLIES 48.99 JPMORGAN CHASE BANK SPECIAL OPS- VEST /RAU 490.00 JPMORGAN CHASE BANK ELITE K- 9- SUPPLIES 36.90 JPMORGAN CHASE BANK ELITE K- 9- SUPPLIES 292.24 JPMORGAN CHASE BANK ELITE K -9- SUPPLIES 19.85 JPMORGAN CHASE BANK WALMART- SUPPLIES 42.26 JPMORGAN CHASE BANK PAYPAL- SUPPLIES 27.90 TREASURER PETTY CASH NOTARY FEE 10.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 38.47 JPMORGAN CHASE BANK TRAVEL EXPENSE 5.42 JPMORGAN CHASE BANK BUCKSTAFF- SUPPLIES 28.53 TOTAL POLICE SERVICES 7,960.79 POLICE - DOJ VEST GRANT IJPMORGAN CHASE BANK ISPECIAL OPS- VEST /RAU 490.O0I TOTAL POLICE - DOJ VEST GRANT wnn nn POLICE COMMUNICATIONS JPMORGAN CHASE BANK WALMART- SUPPLIES 22.32 JPMORGAN CHASE BANK LOWES- REPAIR PARTS 3.32 JPMORGAN CHASE BANK LANGUAGE LINE- SERVICES 5.97 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 35.16 JPMORGAN CHASE BANK PRECHECK -EMP VERIFICATION 14.50 TREASURER PETTY CASH NOTARY RENEWAL FEE 20.00 JPMORGAN CHASE BANK AMAZON- SUPPLIES 37.90 JPMORGAN CHASE BANK TALX CORP- EMPLOYMENT VERI 27.95 JPMORGAN CHASE BANK GROUPONE - BACKGROUND CK 10.00 JPMORGAN CHASE BANK POSTIVE PROM- SUPPLIES 84.07 JPMORGAN CHASE BANK ADMIRAL EXPRESS -PAPER 57.98 JPMORGAN CHASE BANK PRECHECK- EMPLOYMENT VERIF 14.50 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 9.78 JPMORGAN CHASE BANK SMARTSIGN- PARKING SIGNS 119.85 JPMORGAN CHASE BANK WALMART- PRISONER BOARD 156.21 JPMORGAN CHASE BANK APCO INTL- TRAINING 30.00 JPMORGAN CHASE BANK QNS- UNIFORMS 70.95 JPMORGAN CHASE BANK WALMART - PRISONER BOARD 22.29 TREASURER PETTY CASH NOTARY RENEWAL FEE 20.00 URGENT CARE OF GREEN COUNTRY, P.L.L COMM VACCINATIONS 60.00 JPMORGAN CHASE BANK AMAZON - SUPPLIES 138.48 JPMORGAN CHASE BANK INTL CPR INST: TRAINING 17.89 JPMORGAN CHASE BANK LOWES- REPAIR PARTS 11.36 AEP /PSO ELECTRIC USE 155.05 TOTAL POLICE COMMUNICATIONS 1,145.53 Page 5 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description Payment Amount ANIMALCONTROL AEP IPSO ELECTRICUSE 556.65 AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 26.77 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 156.26 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, 32.70 JPMORGAN CHASE BANK SERENITY - CREMATION SVCS 270.00 AT &T CONSOLIDATED PHONE BILL 24.68 JPMORGAN CHASE BANK DANIELSTOK- GARAGE PARTS 20.00 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 40.82 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 89.28 TOTAL ANIMAL CONTROL 1,217.16 FIRE SERVICES JPMORGAN CHASE BANK LOCKE- PLUMBING PARTS 11.93 JPMORGAN CHASE BANK LOCKE- PLUMBING PARTS 2.52 JPMORGAN CHASE BANK LOCKE- PLUMBING PARTS 4.13 JPMORGAN CHASE BANK LOCKE- CREDIT -13.40 JPMORGAN CHASE BANK LOWES -LEAK REPAIR PARTS 48.60 JPMORGAN CHASE BANK LOWES- FAUCETANATERLINE 110.59 JPMORGAN CHASE BANK TRAVEL EXPENSE 29.41 JPMORGAN CHASE BANK LOWES- SUPPLIES 6.54 JPMORGAN CHASE BANK IMAGENET- COPIER CONTRACT 360.72 JPMORGAN CHASE BANK LOCKE SUPPLY- FILTERS 13.89 JPMORGAN CHASE BANK LOWES- VEHICLE SUPPLIES 5.94 JPMORGAN CHASE BANK TRAVEL EXPENSE 24.60 JPMORGAN CHASE BANK LOWES- SUPPLIES 59.98 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 179.99 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 76.97 JPMORGAN CHASE BANK TRAVELEXPENSE 17.05 JPMORGAN CHASE BANK TRAVEL EXPENSE 56.94 JPMORGAN CHASE BANK FIRE PROTECTION - MANUAL 77.00 JPMORGAN CHASE BANK FIRE PROTECTION -BOOKS 136.00 JPMORGAN CHASE BANK LOWES- SUPPLIES 5.29 JPMORGAN CHASE BANK P & K EQUIPMENT- SUPPLIES 11.45 JPMORGAN CHASE BANK TRAVEL EXPENSE 4.82 AT &T CONSOLIDATED PHONE BILL 156.72 JPMORGAN CHASE BANK ADVANCE AUTO - SUPPLIES 64.37 JPMORGAN CHASE BANK AMSAN- SUPPLIES 85.50 JPMORGAN CHASE BANK DALE & LEES -HVAC REPAIR 257.00 JPMORGAN CHASE BANK OREILLY- VEHICLE SUPPLIES 30.58 JPMORGAN CHASE BANK OREILLY- BATTERY 108.67 JPMORGAN CHASE BANK OREILLY - VEHICLE PARTS 28.97 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB, 171.32 TULSAAREA FIREFIGHTER MUTUALAID ANNUALDUES 50.00 DALE & LEES SERVICE, INC HVAC REPAIR @ STATION #2 1,656.97 DALE & LEES SERVICE, INC JHVAC REPAIR @ STATION #2 421.10 Page 6 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount FIRE SERVICES... JPMORGAN CHASE BANK LOCKE SUPPLY - RETURN -18.53 JPMORGAN CHASE BANK LOCKE -HOT WATER LINE PART 135.10 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 24.73 JPMORGAN CHASE BANK EQUIPMENT ONE- SUPPLIES 59.97 JPMORGAN CHASE BANK CONFERENCE EXPENSE 365.00 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 49.39 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 23.25 JPMORGAN CHASE BANK TRAVELEXPENSE 40.85 JPMORGAN CHASE BANK FASTENAL- SUPPLIES 6.00 AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 430.48 JPMORGAN CHASE BANK P &K EQUIPMENT- SUPPLIES 3.00 AEP IPSO ELECTRIC USE 2,198.02 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 13.59 JPMORGAN CHASE BANK HOME DEPOT- SUPPLIES 41.24 TOTAL FIRE SERVICES 7,634.25 FIRE STATION #4 ITULSA ABSTRACT & TITLE COMPANY IFS #4 LAND PURCHASE 500,000.00 TOTAL FIRE STATION #4 500,000.00 EMERGENCY PREPAREDNES JPMORGAN CHASE BANK PAM DISTRIBUTE -PARTS 227.06 AEP /PSO ELECTRIC USE 110.09 JPMORGAN CHASE BANK SAMS CLUB - SUPPLIES 24.06 AT &T CONSOLIDATED PHONE BILL 13.98 TOTAL EMERGENCY PREPAREDNESS 375.19 STREETS JPMORGAN CHASE BANK HOME DEPOT - REPAIR PARTS 16.79 APAC - OKLAHOMA, INC. ASPHALT FOR POTHOLES 160.50 HOLLIDAY SAND & GRAVEL CO SAND FOR SNOW & ICE 885.90 TULSA COUNTY BOCC MISC SIGNS 316.60 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FEB. 293.39 JPMORGAN CHASE BANK DULTMEIER -PUMP & ENGINE 550.33 JPMORGAN CHASE BANK ATWOODS -PULL ROPE 24.91 JPMORGAN CHASE BANK ATWOODS- MATERIALS 40.94 AEP /PSO ELECTRIC USE 1,566.11 JPMORGAN CHASE BANK RHOMAR INDUST -WASH SALT 2,036.97 JPMORGAN CHASE BANK ASPHALT INST: TRAINING 225.00 JPMORGAN CHASE BANK HARBOR FREIGHT -SHOP PRESS 119.99 OWASSO TOP SOIL DIRT FOR STREETS 60.00 REGIONAL MEDICAL LABORATORY, INC NEW EMPLOYEE HEP SHOT 76.80 HANCOCK RACING STABLES, INC. SALT HAULING 7,202.15 JPMORGAN CHASE BANK BLACK &DECKER -TOOL CASE 38.22 JPMORGAN CHASE BANK VANCE BROS -TACK OIL 40.80 JPMORGAN CHASE BANK OREILLYS- FILTER WRENCH 12.49 Page 7 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description Payment Amount STREETS... JPMORGAN CHASE BANK JOHNSTONE SUPPLY - SUPPLIES 79.98 JPMORGAN CHASE BANK EQUIPMENT ONE- PROPANE 63.22 JPMORGAN CHASE BANK FASTENAL- SUPPLIES 18.77 JPMORGAN CHASE BANK GELLCO- SAFETY BOOTS 134.99 JPMORGAN CHASE BANK FASTENAL -SIGN MOUNTING 6.08 UNIFIRST HOLDINGS LP UNIFORM CLEANING 55.71 JPMORGAN CHASE BANK LOWES- CONCRETE /SAND BAGS 298.85 JPMORGAN CHASE BANK FLEET- REFLECTIVE COAT 49,95 JPMORGAN CHASE BANK VANCE BROTHERS - BROOMS 78.00 JPMORGAN CHASE BANK FASTENAL -HARD HAT 16.24 JPMORGAN CHASE BANK LOWES - PUSHBROOM 98.43 JPMORGAN CHASE BANK QUALITY TIRE - REPAIR FLAT 25.00 UNIFIRST HOLDINGS LP UNIFORM CLEANING 53.10 JPMORGAN CHASE BANK VANCE BROS- CREDIT -39.00 JPMORGAN CHASE BANK HARD HAT SAFETY -HARD HAT 9.00 JPMORGAN CHASE BANK PMSI -FIBER PATCH 510.00 JPMORGAN CHASE BANK BUMPER TO BUMPER- SOCKET 9.99 JPMORGAN CHASE BANK ATWOODS- ROTARY PUMP 69.79 JPMORGAN CHASE BANK ATWOOD - SAFETY BOOTS 129.99 JPMORGAN CHASE BANK LOWES- SAWHORSES 35.98 SPOK, INC. PAGER USE 77,02 UNIFIRST HOLDINGS LP UNIFORM CLEANING 39.35 UNIFIRST HOLDINGS LP UNIFORM CLEANING 41.30 APAC - OKLAHOMA, INC. ASPHALT 254.88 TULSAASPHALT, LLC ASPHALT 183.60 SIGNALTEK INC TRAFFIC SIGNAL MAINT 1,575.45 HANCOCK RACING STABLES, INC. SAND HAULING FOR SNOW 1,146.60 TULSA ASPHALT, LLC COLD LAY FOR POTHOLES 182.75 TWIN CITIES READY MIX, INC CONCRETE 91.00 TOTAL STREETS 18,963.91', STORMWATER JPMORGAN CHASE BANK SF GARDEN -EDGER 441.48 UNIFIRST HOLDINGS LP UNIFORM CLEANING 33.31 UNIFIRST HOLDINGS LP UNIFORM CLEANING 33.31 SPOK, INC. PAGER USE 54.32 JPMORGAN CHASE BANK P & K EQUIP -PARTS 579.02 JPMORGAN CHASE BANK ATWOODS -FIRE EXTINGUISHER 12.99 JPMORGAN CHASE BANK ATWOOD -TRASH BAGS 25.98 JPMORGAN CHASE BANK BUMPER TO BUMPER -BELT 16.78 UNIFIRST HOLDINGS LP UNIFORM CLEANING 3131 UNIFIRST HOLDINGS LP UNIFORM CLEANING 55.71 JPMORGAN CHASE BANK VERMEER -PULL ROPE 129.95 JPMORGAN CHASE BANK P &K EQUIPMENT- REPAIRS 45.00 JPMORGAN CHASE BANK GELLCO- SAFETY BOOTS 125.99 Page 8 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount STORMWATER... BLUE ENERGY FUELS, LLC CNG FUEL PURCHASES - FES, 233.99 JPMORGAN CHASE BANK ATWOOD- CHAINSAW BAR 52.99 JPMORGAN CHASE BANK P & K EQUIP- ADAPTER 19.59 TOTAL STORMWATER 1,893.72 PARKS AT &T CONSOLIDATED PHONE BILL 117.15 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 AEP /PSO ELECTRIC USE 1,269.00 WASHINGTON CO RURAL WATER DISTRICT MCCARTY PARK WATER SERVIC 33.50 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 UNIFIRST HOLDINGS LP PARK UNIFORMS 15.71 JPMORGAN CHASE BANK ATWOOD- REPAIR PARTS 4.38 JPMORGAN CHASE BANK ATWOOD -EAR PLUGS 2.99 JPMORGAN CHASE BANK HESSELBEIN -MOWER TIRE 83.43 JPMORGAN CHASE BANK LOWES -MULCH 24.23 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 1162 JPMORGAN CHASE BANK LOWES- SUPPLIES 2.96 JPMORGAN CHASE BANK P & K EQUIP- SUPPLIES 67.05 JPMORGAN CHASE BANK P & K EQUIP -MOWER PARTS 68.02 ALARM SECURITY GROUP, LLC SECURITY ALARM 107.38 JPMORGAN CHASE BANK SAMSCLUB -TAX CREDIT -1.06 JPMORGAN CHASE BANK TUCKER - JANITORIAL SUPPLIE 123.00 JPMORGAN CHASE BANK CORNERSTONE - CHARGER 79.99 JPMORGAN CHASE BANK OREILLY- REPAIR SUPPLIES 13.58 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 11.68 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 5.00 JPMORGAN CHASE BANK P & K EQUIP- SUPPLIES 20717 JPMORGAN CHASE BANK P & K EQUIP- WEEDEATER 799.98 JPMORGAN CHASE BANK ATWOODS- SUPPLIES 32.97 TULSA SOD & MULCH INC IWOOD FIBER PLAYGROUND MUL 9,720.00 TOTAL PARKS 12,832.23 COMMUNITY CENTER JPMORGAN CHASE BANK MULLIN PLUMBING- WATERLINE 96.00 JPMORGAN CHASE BANK TUCKER - JANITORIAL SUPPLE 254.50 JPMORGAN CHASE BANK LOWES -PARTS RETURNED -6.91 AEP IPSO ELECTRIC USE 768.60 AT &T LONG DISTANCE LONG DISTANCE PHONE BILL 26.53 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 7.35 OFFICE DEPOT INC 12 OFFICE CHAIRS 1,199.76 GRAND GATEWAY ECO. DEV. ASSC. JANUARY SENIOR RIDE FARES 183.00 TERMINIX PEST CONTROL 104.00 XAVUS SOLUTIONS, LLC ANNUAL UPGRADES /MAINTENAN 1,500.00 JPMORGAN CHASE BANK CHARACTER BULLETINS 29.25 AT &T CONSOLIDATED PHONE BILL 38.66 Page 9 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description PaymentAmount COMMUNITY CENTER... JPMORGAN CHASE BANK CURTIS RESTAURANT- SUPPLIE 36.36 JPMORGAN CHASE BANK LOWES- FOUNTAIN REP PARTS 25.87 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 7.74 TOTAL COMMUNITY CENTER 4,270.71 HISTORICAL MUSEUM AT &T CONSOLIDATED PHONE BILL 13.98 AEP /PSO ELECTRIC USE 94.66 JPMORGAN CHASE BANK SAMS CLUB- SUPPLIES 26.52 TOTAL HISTORICAL MUSEUM 135.16 ECONOMIC DEV JPMORGAN CHASE BANK ICSC- ANNUAL MEMBER DUES 100.00 TOTAL ECONOMIC DEV 100.00 FUND GRAND TOTAL 634,797.81 AMBULANCE SERVICE NEVACLARKE AMBULANCE REFUND 150.00 KIRK MORRISON AMBULANCE REFUND 79.01 AMERICAN MUNICIPAL SERVICES CORP. COLLECTION SERVICES 187.59 TREASURER PETTY CASH AMBULANCE SUB REFUND 36.00 TREASURER PETTY CASH AMBULANCE SUB REFUND 36.00 TOTAL AMBULANCE SERVICE 488.60 AMBULANCE JPMORGAN CHASE BANK TOTAL RADIO -VEH PARTS 307.50 JPMORGAN CHASE BANK HENRY SCHEIN - SUPPLIES 20.65 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES 873.51 JPMORGAN CHASE BANK NATL REGISTRY -EMT RECERT 20.00 MEDICLAIMS INC BILLING SERVICES 10,416.71 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES -45.15 JPMORGAN CHASE BANK OK STATE DOH - LICENSES 755.00 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 429.52 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 105.96 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 260.28 JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 176.97 JPMORGAN CHASE BANK FULLERTON- SUPPLIES 125.00 JPMORGAN CHASE BANK FRONTIER - REPAIR /PARTS 282.20 JPMORGAN CHASE BANK PSI - SUPPLIES 94.05 JPMORGAN CHASE BANK WILL MEDICAL - SUPPLIES 1,068.75 JPMORGAN CHASE BANK PSI - SUPPLIES 720.35 JPMORGAN CHASE BANK PSI - SUPPLIES 566.12 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES 96.00 JPMORGAN CHASE BANK HENRY SCHEIN- SUPPLIES 75.00 JPMORGAN CHASE BANK I BOUND TREESUPPLI ES 291.04 Page 10 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description IPayment Amount AMBULANCE... JPMORGAN CHASE BANK BOUND TREE-SUPPLIES 45.15 IJPMORGAN CHASE BANK BOUND TREE - SUPPLIES 15.39 TOTAL AMBULANCE 16,700.00 FUND GRAND TOTAL 17,188.6 E911 COMMUNICATIONS INCOG -E911 E911 ADMIN SVC FEES 7,646.30 AT &T E911 MAPPING FEES - MARCH 355.35 AT &T CONSOLIDATED PHONE BILL 632.81 JPMORGAN CHASE BANK TOTAL RADIO - MAINT CONTRAC 285.00 TOTAL E911 COMMUNICATIONS 8,919.46 FUND GRAND TOTAL 8,919.4 HOTEL TAX - ECON DEV AEP /PSO ELECTRIC USE 81.62 IJPMORGAN CHASE BANK AMERICAN - AIRFARE 377.20 TOTAL HOTEL TAX - ECON DEV 458.82 FUND GRAND TOTAL 458.8 STORMWATER - STORMWATE AEP /PSO ELECTRIC USE 473:17 SPIRIT LANDSCAPE MANAGEMENT LLC MULCH TREE WELLS 185.00 SPIRIT LANDSCAPE MANAGEMENT LLC MULCH PLANTERS 298.00 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE MAINT 410.00 TOTAL STORMWATER - STORMWATER 1,366.17 FUND GRAND TOTAL 1,366.1 AMBULANCE CAPITAL FD JJPMORGAN CHASE BANK IKNOX CO- NARCOTICS SEC VLT 7,513.50 TOTAL AMBULANCE CAPITAL FD 7,513.50 FUND GRAND TOTAL 7,513.5fl PUBLIC SAFETY - POLICE JJPMO RGAN CHASE BANK IFLEET DISTRIB -POWER SUPPL 168.45 TOTAL PUBLIC SAFETY- POLICE 168.45 PUBLIC SAFETY - FIRE JPMORGAN CHASE BANK CARHARTT -SALES TAX REFUND -20.85 JPMORGAN CHASE BANK AMAZON -TEST POWER SUPPLY JPMORGAN CHASE BANK CORNERSTONE -DRU EQUIPMENT JPMORGAN CHASE BANK OREILLY -DRU EQUIPMENT J350.64 JPMORGAN CHASE BANK GRAINGER -DRU EQUIPMENT Page 11 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description Payment Amount PUBLIC SAFETY - FIRE... JPMORGAN CHASE BANK GRAINGER -DRU EQUIPMENT 61.83 JPMORGAN CHASE BANK WALMART -DRU EQUIPMENT 2.84 JPMORGAN CHASE BANK WALMART -DRU EQUIPMENT 8.73 JPMORGAN CHASE BANK SPECIAL OPS -DRU EQUIPMENT 2,807.82 JPMORGAN CHASE BANK LOWES -DRU EQUIPMENT 120.76 JPMORGAN CHASE BANK MOOSEJAW -DRU EQUIPMENT 156.51 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 43.54 JPMORGAN CHASE BANK BASS PRO -DRU EQUIPMENT 29.98 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 73.47 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 563.52 JPMORGAN CHASE BANK HEIMAN FIRE -DRU EQUIPMENT 2,331.40 JPMORGAN CHASE BANK WITMER -DRU EQUIPMENT 459.00 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 332.79 JPMORGAN CHASE BANK OAKLEY -DRU EQUIPMENT 951.42 JPMORGAN CHASE BANK HILTI -DRU EQUIPMENT 443.93 JPMORGAN CHASE BANK HILT[-DRU EQUIPMENT 2,551.12 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 92.42 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 49.05 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 59.95 JPMORGAN CHASE BANK NORTHERN TOOL -DRU EQUIP 59.98 JPMORGAN CHASE BANK 5.11 TACTICAL -DRU EQUIPME 719.97 JPMORGAN CHASE BANK HOME DEPOT -DRU EQUIPMENT 1,062.68 JPMORGAN CHASE BANK CARHART -DRU EQUIPMENT 321.96 JPMORGAN CHASE BANK CARHART- RETURN -58.31 JPMORGAN CHASE BANK CARHART- RETURN -25.00 NORTHERN SAFETY COMPANY, INC. DRU EQUIPMENT 1,496.16 FLEET DISTRIBUTORS EXPRESS DRU EQUIPMENT 2,348.68 JPMORGAN CHASE BANK GRAINGER -DRU EQUIPMENT 432.81 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 43.56 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 65.34 JPMORGAN CHASE BANK MOOSEJAW -DRU EQUIPMENT 1,367.55 JPMORGAN CHASE BANK CARHARTT -DRU EQUIPMENT 268.31 JPMORGAN CHASE BANK SAMS CLUB -DRU EQUIPMENT 27.98 JPMORGAN CHASE BANK FASTENAL -DRU EQUIPMENT 65.15 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 65.34 JPMORGAN CHASE BANK VIEVU -VIEVU CAMERAS 250.00 JPMORGAN CHASE BANK AMAZON -DRU EQUIPMENT 881.75 TOTAL PUBLIC SAFETY -FIRE 21,063.63 FIRE STATION #4 TULSAABSTRACT & TITLE COMPANY FS #4 LAND PURCHASE 2,381.77 BENCHMARK SURVEYING & LAND SERVICES BUILDINGS, LAND SURVEY FS 4,000.00 TOTAL FIRE STATION #4 6,381.77 Page 12 Claims List 4/07/2015 Budget Unit Title I Vendor Name Payable Description IPaymentAmount FUND GRAND TOTAL 27,613.8 CDBG15 BAPT VILL SIDEWAL COMMUNITY PUBLISHERS INC CDBG15 -BAPT VILL SIDEWALK 36.00 TOTAL CDBG15 BAPT VILL SIDEWALK 36.00 FUND GRAND TOTAL 36.0 CI - FBO BUILDING jBKL INCORPORATED JARCHITECTURALIENGINEERING 11,200.00 TOTAL CI - FBO BUILDING 11,200.00 CI -GARN WID 96TH -106TH PSA- DEWBERRY INC ENGINEERING SERVICES 4,517.50 TOTAL CI -GARN WID 96TH -106TH 4,517.50 FUND GRAND TOTAL 15,717.5 CITY GARAGE JPMORGAN CHASE BANK QUALITY TIRE - ALIGNMENT 69.95 AT &T MOBILITY WIRELESS SERVICE 57.24 JPMORGAN CHASE BANK ADMIRAL EXPRESS -PAPER 28.99 JPMORGAN CHASE BANK FLEET DIST- STROBE LIGHTS 422.24 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 141.52 JPMORGAN CHASE BANK LENOX- TOWING 250.00 JPMORGAN CHASE BANK BUMPER TO BUMPER- SWITCH 24.46 JPMORGAN CHASE BANK GOODYEAR -TRASH TRK RECAPS 2,629.45 JPMORGAN CHASE BANK B & M OIL -PARTS RESALE 717.42 JPMORGAN CHASE BANK QUALITY TIRE- ALIGNMENT 69.95 JPMORGAN CHASE BANK OCT EQUIP - WINDOW GLASS 517.89 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 111.26 JPMORGAN CHASE BANK BUMPER TO BUMPER - SENSORS 156.06 JPMORGAN CHASE BANK UNITED FORD -CORE RETURN -50.00 JPMORGAN CHASE BANK BUMP26UMP -CORE CREDIT -60.00 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 AT &T CONSOLIDATED PHONE BILL 24.68 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 6.19 JPMORGAN CHASE BANK SAFELITE- WINDSHIELD 218.44 JPMORGAN CHASE BANK CLASSIC CHEVY -PARTS 205.80 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 JPMORGAN CHASE BANK GOODYEAR -TIRES 643.52 JPMORGAN CHASE BANK HERITAGE -USED OIL PICK UP 25.00 JPMORGAN CHASE BANK BUMP2BUMP- ALTERNATORS 347.64 JPMORGAN CHASE BANK BUMP26UMP -FRONT STRUTS 232.001 AT &T LONG DISTANCE ILONG DISTANCE PHONE BILL 27.051 Page 13 Claims List 4/07/2015 Budget Unit Title Vendor Name Payable Description Payment Amount CITY GARAGE... JPMORGAN CHASE BANK OREILLYS -SHOP SUPPLIES 6.29 JPMORGAN CHASE BANK OREILLYS -PARTS RESALE 1,793.33 JPMORGAN CHASE BANK SAMS CLUB- SUPPLIES 33.98 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 253.98 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 174.93 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 3.60 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 189.20 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 68.28 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 172.01 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 188.52 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 43.05 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 941.55 AEP IPSO JELECTRIC USE 889.14 TOTAL CITY GARAGE 11,670.75 FUND GRAND TOTAL 11,670.7 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 323.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 359.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 323.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 359.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 323.00 CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 359.00 TOTAL WORKERS' COMP SELF -INS 2,046.00 WORKERS' COMP SELF -INS OK TAX COMMISSION SPECIAL TAX UNIT MITF QUARTERLY ASSESSMENT 4,145.37 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 1,662.66 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPRESTAC 2,645.06 STATE OF OKLAHOMA WORKERS FEE FOR WC OWN RISK FERMI 1,000.00 CITY OF OWASSO IMPRESTACCOUNT CITY OF OWASSO IMPREST AC 1,779.12 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 8.11 TOTAL WORKERS' COMP SELF -INS 11,240.32 FUND GRAND TOTAL 13,286.3 GEN LIAB -PROP SELF INS NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, SPRADLIN, DECEMBER 4,693.70 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, MOBERLY, DECEMBER 4,666.20 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, DENTON, DECEMBER 4,581.50 NEWTON, O'CONNOR, TURNER & KETCHUM LEGAL, DAVIDSON, DECEMBER 8,133.80 TOTAL GEN LIAB -PROP SELF INS 22,075.20 Page 14 Claims List 4107(2015 Budget Unit Title Vendor Name Payable Description 1paymentAmount FUND GRAND TOTAL 22,075.2 CITY GRAND TOTAL $760,643.98 Page 15 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 03121115 Department Payroll Expenses Total Expenses Municipal Court 5,322.97 7,497.66 Managerial 20,388.97 29,009.85 Finance 15,078.33 22,938.71 Human Resources 7,714.92 12,670.33 Community Development 12,752.61 19,754.87 Engineering 13,717.11 21,156.21 Information Systems 13,120.35 19,863.41 Support Services 7,709.42 11,830.57 Police 117,647.86 178,527.52 Central Dispatch 16,463.86 27,325.06 Animal Control 3,208.10 4,846.03 Fire 106,562.90 162,736.85 Emergency Preparedness 1,673.00 2,377.89 Streets 7,219.38 11,947.61 Stormwater /ROW Maint. 5,677.74 8,955.43 Park Maintenance 9,898.66 15,607.48 Community- Senior Center 4,222.05 6,451.78 Historical Museum 654.40 734.75 Economic Development 3,255.00 4,242.86 General Fund Total 372,287.63 568,474.87 Garage Fund Total 4,487.60 7,315.64 Ambulance Fund Total 28,908.65 44,293.43 Emergency 911 Fund Total 1,975.41 3,299.70 Stormwater Fund 27 Total Worker's Compensation Total 3,343.91 4,002.79 Strong Neighborhoods 3,561.22 5,138.34 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 417115 VENDOR AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE DENTAL MEDICAL SERVICE DENTAL DEPT TOTAL VSP ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 34,308.30 37,897.93 21,972.09 12,580.34 31,103.54 137,862.20 5,887.05 3,484.40 9,371.45 946.63 946.63 148,180.28 The Ciloy! out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Daniel Dearing Sr. Civil Engineer SUBJECT: Acceptance of Urban Engineering Agreement DATE: April 3, 2015 BACKGROUND: On May 17, 2005, the Engineering Design Criteria, Construction Standards and Standard Details for any and all developments, projects, and infrastructure improvements within the City of Owasso were adopted by the City Council. Documents required as a result of that adoption include two different agreements, one which must be submitted by the developer and one which must be submitted by the developer's engineer. The agreements are as follows: ENGINEER AGREEMENT: The agreement required to be submitted by the developer's engineer is titled "Agreement for Urban Engineering Services" (Section 0114.1 (B). This agreement requires the engineer to list all improvements associated with the proposed development, attest that all designs will be in compliance with City standards (outlined in the design criteria), pay all fees associated with the plan review, attest that he /she is a Registered Professional Engineer in the State of Oklahoma, and attest that he /she maintains Professional Liability Insurance in limits directly correlated to the cost of the project specified in the attached agreement. The liability insurance to project cost ratio schedule is as follows: Proiect Cost Less than $500,000 $500,000 - $1,000,000 Greater than $1,000,000 DEVELOPER AGREEMENT: Professional Liability Insurance $ 250,000 $ 500,000 G, The agreement required to be submitted by the developer is titled "Agreement Guaranteeing Installation of Improvements" (Section 0114.1 (C). This agreement requires the developer to submit engineering drawings for the proposed improvements, provide oversight of his /her construction contractor to assure compliance with the approved plans, and submit "as- built" drawings upon completion of the construction of improvements. The Mayor's signature is required on the "Agreement for Urban Engineering Services" (Engineer Agreement), and therefore Council approval is needed. RECOMMENDATION: Staff recommends approval and authorization for the Mayor to execute the following "Agreement for Urban Engineering Services" (Engineers Agreement): Villagomez Engineering Company, for site grading, drainage, pavement and utility improvements to serve Dairy Queen. ATTACHMENT: "Agreement for Urban Engineering Services" - Villagomez Engineering Company, for site grading, drainage, pavement and utility improvements to serve Dairy Queen AGREEMENT FOR URBAN ENGINEERING SERVICES THIS AGREEMENT, entered into by and beriveen the CITY OF OWASSO, OKLAHOMA, a municipal corporation, hereinafter called "City" and Villagomez Engineering Company WITNESSETH: hereinafter called "Design Engineer ". WHEREAS, the Design Engineer has been employed by the Owner/Developer/Subdivider of the herein described real property to prepare all project plans and specifications and to provide certain engineering services during the construction of the hereinafter sometimes referred to as the "Project', upon easements and rights -of -ways to be owned or controlled by the City; and WHEREAS, the Design Engineer is desirous of obtaining the review (,,aid approval) of the plans and specifications for said project by the City of Owasso Public Works Department; and WHEREAS, the City is willing to review (lie plans and specifications prepared by the Design Engineer under the hereinafter described terms -,aid conditions, NOW, THEREFORE, in consideration of the foregoing and in consideration of the hereinafter set forth promises and covenants, the parties hereto mutually agree as follows, to- wit; I. The Improvements to be designed by the Design Engineer (pursuant to this Contract) shall generally consist of the following types of improvements Site grading, underground drainage, paving and utility improvements for a a new Dairy Queen. which shall be located on the following described tract of land; Lot 1, Block 1, Tyann Plaza V Subdivision. 2. The Design Engineer shall, in conformity with the provisions of the City's Standard Specifications for urban Engineering Services, including, the City's current Design Criteria, which are hereby incorporated and made a part of this Contract by reference, prepare project plans, specifications, and other engineering documents as may be necessary for the proper construction of the project improvement, and shall perform all construction layout surveys, and staking and periodic general construction supervision on the project improvements as they are constructed by the Owner and his Contractor. 3: The City shall review (and approve) the project plans, specifications, and other engineering documents for the construction of the project improvements prepared and submitted to the City by the Design Engineer. 4. The Design Engineer shall compensate the City for reviewing (and approving) plans and specifications for the project at the rate of One Hundred Dollars ($100.00) for each .plan sheet submitted (other than plan sheet Standard Drawings of the City of Owasso or of the Oklahoma Department of Transportation), except (hat the minimum charge for each project shall be One Hundred -fifty Dollars ($150.00). Payment shall be due and payable upon presentation of the plans and specifications for the project for review by the City, PFPt plan review and permit fees are waived for governmental entities. No fees shalt be collected by the City of Owasso on any public work or improvement performed by or for any city, county, sjate, or federal governmental entity; provided however, that this exemption shall not constitute waiver of any ordinance requiring the issuance of such permits, and it shall apply only to such permits issued directly to the govermmental entity involved. 5. The Design Engineer hereby covenants that he /she is a Registered Professional Engineer in the State of Oklahoma at the time of execution of this Contract, and should the Design Engineer cease to be a Registered Professional Engineer prior to completing performance of the terms and conditions of this Contract, the Design Engineer shall immediately notify the City and shall engage a Registered Professional Engineer acceptable to the City to complete performance of the promises and covenants contained herein. 6. The Dcsign Engineer further covenants and agrees that he /she maintahns and is covered by Professional Liability Insurance in limits of not less than those indicated in the following schedule: Project Cost - Professional Liability Insurance Less than $500,000 $250,000 $500,000 - $1,000,000 $500,000 Greater than$ 1,000,000 $1,000,000 (Project Costs to be as defined in Section I of the attached Specifications for Urban Engineering Services) and that he /she will maintain same in continuous force and effect for a period of not less than three years from and after final acceptance of the project herein. 7. The Design Engineer further covenants and agrees to comply with Section 1, Section II and Section ITI of the attached Standard Specifications for Urban Engineering Services and that these specifications become a part this contract. IN TESTNIONY WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives on the dates set for the belouv. Executed by the City of Owasso, Oklahoma, on the day of _ _ , 2o— Executed by the Design Engineer on the Ux day of YVta9 c{� Zo I$, CITY OF OWASSO, OKLAHOMA a municipal corporation BY X PEST: Mayor City Clerk APPROVED AS TO FORM: Attorney APPROVED: Public Works Director DESIGN ENGINEER — -��gn Engineer BY PK&S /b &n/ l Title ATTEST: Secretary O—T City Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: OkMRF Resolution 2015 -07 DATE: April 3, 2015 BACKGROUND: Oklahoma Municipal Retirement Fund (OkMRF), the retirement plan for non - police and fire employees, requires the City Council acting as the OMRF Retirement Committee to approve plan updates and amendments, as well as changes to the OkMRF Trust Indenture. The Trust Indenture establishes the organization and administrative procedures for the OkMRF trust and affects all member cities. In order for any changes to be made to the Trust Indenture, two - thirds of the OkMRF membership must approve the change. Resolution 2015 -07 is a request from the OkMRF trustees to approve an Amended and Restated Trust Indenture. The change does not directly impact the Defined Benefits plans or any pension benefits. The change does impact administration of Defined Contribution plans and Customized Manager Option plans. Summary of changes: • Allows for Defined Contribution fund investments to be separated from Defined Benefits fund investments, for daily investment and valuation versus monthly investment and valuation, as well as more frequent liquidation of funds • Allows for accruals and balances to be recorded as units or dollars • Allows for plan participants to request and be charged for specialized services, i.e. loans, investment advice, brokerage fees, etc. • Modifies language to add securities or investments permissible under applicable law Prior to any City incorporating the proposed changes into their Mosterplan Document through an ordinance, changes to the OkMRF Trust Indenture must be approved by two - thirds of the OkMRF membership. Should the proposed changes be approved, OkMRF will provide a new Master Plan Document and Joinder Agreement, which will be presented for future consideration and approval through an ordinance, incorporating proposed changes into our plan. RECOMMENDATION: Staff recommends approval of Resolution 2015 -07, approving the Oklahoma Municipal Retirement Fund Amended and Restated Trust Indenture. ATTACHMENTS: Resolution 2015 -07 OkMRF Exhibit 1 —Trust Indenture Establishing Oklahoma Municipal Retirement Fund CITY OF OWASSO RESOLUTION 2015 -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO APPROVING AN AMENDED AND RESTATED TRUST INDENTURE FOR THE OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING AMENDMENTS TO THE TRUST TO AUTHORIZE DAILY VALUATIONS AND DAILY ACCOUNTING FOR ASSETS WITHIN THE MASTER DEFINED CONTRIBUTION PLANS ADMINISTERED BY OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING FOR DAILY VALUATION OF PARTICIPANT ACCOUNTS IN THE DEFINED CONTRIBUTION PLANS ADMINSTERED BY OKLAHOMA MUNICIPAL RETIREMENT FUND AND PROVIDING PROCEDURES AND RULES FOR ACCOUNTING OF SUCH ASSETS; PROVIDING FOR EFFECTIVE DATE OF AMENDED AND RESTATED TRUST INDENTURE AND CONTINUING EXISTING TRUST AS AMENDED IN FULL FORCE AND EFFECT. WHEREAS, the Board of Trustees of Oklahoma Municipal Retirement Fund have approved an Amended and Restated Trust Indenture of the Oklahoma Municipal Retirement Fund which makes various amendments to the Trust for purposes of allowing daily valuations and rules and procedures for accounting of assets in the Master Defined Contribution Plan which amendment is attached hereto as Exhibit "1 "; and, WHEREAS, the amendment can only become effective upon approval by a two - thirds (2/3) majority of the participating employers in the Oklahoma Municipal Retirement Fund. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Owasso that the attached amendment to the Oklahoma Municipal Retirement Fund Trust Indenture is approved. Adopted and approved by the City Council of the City of Owasso, on the 7th day of April, 2015, Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney (Highlighted. ;Material changes EXHIBIT 1 TRUST INDENTURE ESTABLISHING OKLAHOMA MUNICIPAL RETIREMENT FUND oM WTv Ind PmPmed h,,p , forDC& cMO logy with maurial chzo hfgUgh� TRUST INDENTURE OKLAHOMA MUNICIPAL RETIREMENT FUND Table of Contents Page No. ARTICLEI Name ............................................................................................. ............................I -1 1.1 Name ............................................................................................... ............................I -I 1.2 Continuation of Trust ...................................................................... ............................I -1 ARTICLE II Definitions and Construction .................................................. ............................... II -1 2.1 Definitions ...................................................................................... ............................II-1 2.2 Construction .................................................................................... ...........................II -2 ARTICLEIII Trustees ...................................................... ............................... ..........................III -1 3.1 Existing Trustees ............................................. ............................... ..........................III -1 3.2 Creation of District Boundaries ................................................ ............................... III -1 3.3 Number of Trustees and Nominations ...................................... ............................... III -1 3.4 Elections .......................................................... ............................... ..........................III -1 3.5 Transitional Provisions .................................. ............................... ...........................III -2 3.6 Terms of Office .............................................. ............................... ...........................III -2 3.7 Bonding Requirements .................................... ............................... ..........................III -2 3.8 Filling Vacancies .......................................................................... ...........................III-2 3.9 Officers and Duties ................................................................... ............................... 1II -2 3.10 Office, Records and Meetings ......................... ............................... ..........................III -3 3.11 Meetings .......................................................... ............................... ..........................111 -3 3.12 Quorum ........................................................... ............................... .......................... III -3 3.13 Compensation ........................................................................... ............................... III -3 3.14 Systems for Reference .............................................................. ............................... III -3 3.15 Qualifications, Disqualification, and Limitations ......................... ...........................III -4 ARTICLEIV Trust Assets .............................................................................. ...........................IV -1 4.1 Assets and Interests ....................................................................... ...........................IV -1 4.2 Valuations ..................................................................................... ...........................IV -1 4.3 Units of Participation .................................................................... ...........................IV -1 ARTICLEV Trust Expenses ....................................................................... ............................... V -1 5.1 Repealed April 1, 1991 .............................................................. ............................... V -1 5.2 Costs and Expenses .................................................................... ............................... V -1 5.3 Repealed April 1, 1991 .............................................................. ............................... V -1 5.4 Repealed April 1, 1991 .............................................................. ............................... V -1 5.5 Equipment and Supplies ............................................................ ............................... V -1 5.6 Budget ........................................................................................ ............................... V -1 ARTICLE VI Administration and Management ............................................. ...........................VI -1 6.1 Trustees Responsible ................................................................ ............................... VI -1 i 6.2 Appointment of Advisors and Others 6,3 Required Appointments ..................... ............................... VI -1 ............................... VI -1 ARTICLE VII Retirement Committee and Authorized Agent ................. ............................... VII -1 7.1 Retirement Committee .................................. ............................... ...........................VII-1 7.2 Authorized Agent .......................................... ............................... ...........................VII-1 7.3 Notice to Trustees ......................................... ... .... ................. ... .... . .... .. ..... ..... ..... .....VII-I 7.4 Authority of Retirement Committee ............. ............................... ...........................VII-1 ARTICLE VIII Contributions ........................................ ............................... .......................... VIII -1 8.1 Trustees Accountable .................................... ............................... ......................... VIII -1 8.2 Delivery to Trustees ...................................... ............................... ......................... VIII -1 ARTICLE IX Payments From Trust Assets ................................................... ...........................IX -1 9.1 Direction by Retirement Committee ............................................. ...........................IX -1 9.2 Withholding and Releases ................................... ..................................................... D{ -1 9.3 Exemption of Assets -- Restraints on Alienation: ...................................................... IX-1 9.4 Payment of Taxes .......................................................................... ...........................IX -2 9.5 Benefit Payments .......................................................................... ...........................IX -2 ARTICLE X Investment of Trust Assets ..................................................... ............................... X -1 10.1 Authorization of Trustees .......................................................... ............................... X -1 10.2 Limitation of Investments .......................................................... ............................... X -1 ARTICLE XI Accounting and Mechanical Operation of the Trust ................ ...........................XI -1 11.1 Deposit of Contributions............ 11.2 Subsidiary Ledgers ..................... 11.3 Investment of Funds ................... 11.4 Liquidating Payments ................ 11.5 Records of Securities Custodian ARTICLE X11 Rights of Trustees . .................................................. I... XI -1 ........................ ............................... XI -1 ........................ ............................... XI -] ........................ ............................... XI -2 ........................ ............................... XI -2 XII-1 12.1 Enumeration of Rights ................................................................. ...........................XII-1 12.2 Protection by Written Directions ................................................. ...........................XII-1 12.3 Advice of Counsel ........................................................................ ...........................XII -2 12.4 Indemnification of Trustee ............................................................ ..........................XII -2 ARTICLE XIII Accounts of the Trustee.. XIII-1 13.1 Inspection or Audit ................................................................ ............................... XI11 -1 13.2 Reports to Auditors ................................................................ ............................... XIII -1 13.3 Annual Audit .......................................................................... ............................... XI11 -1 13.4 Written Accounts ................................................................... ............................... XIII -1 13.5 Approval of Accounts ............................................................ ............................... XI11 -1 13.6 Inquiry by Directors of the Oklahoma Municipal League ..... ............................... XIII-1 ARTICLE XIV Resignation, Removal and Succession of Trustees ............. ..........................XIV -1 14.1 Removal by Withdrawing Employer .......................................... ..........................XIV -1 14.2 Resignation by Trustee .......................................................... ............................... XIV -1 ii 14.3 Applicability to Successor Trustees ....................................... ............................... XIV -1 14.4 Liability of Successor Trustees ......................... :................................................... )IV -1 14.5 Removal by Majority of Employers ...................................... ............................... )Iv -1 14.6 Resignation or Removal of All Trustees ..................................... ..........................XIV -1 ARTICLE XV Termination ....... ............................... XV -1 15.1 Termination of System by Participating Employer ................ ............................... )CV-1 15.2 Distributions to Employer ....................................................... ............................... XV -1 15.3 Termination on Loss of Exemption ........................................ ............................... XV -1 15.4 Loss of Membership in Oklahoma Municipal League ........... ............................... XV -1 ARTICLE XV I Amendments ........... ..............XVI -1 16.1 Right to Amend ........................................................................... ..........................XVI -1 16.2 Copies of Amendments ............................................................... ..........................XVI -I 16.3 Limitation on Right to Amend .................................................... ..........................XVI -1 ARTICLE XVII Controlling Law and Legal Actions .. .........................XVII-1 17.1 Controlling Law ......................................................................... ..........................XVII-1 17.2 Severability of Provisions ........................................................... .........................XVII -1 17.3 Legal Actions ............................................................................. ..........................XVII-1 ARTICLE XVIII Adoption by Other Incorporated Cities and Towns . ............................... XVIII -1 18.1 Authorization and Procedure .............................................. ............................... XVIII -1 18.2 Asset Management .............................................................. ............................... xm -1 ARTICLE XIX Miscellaneous ................................................................... ............................= -1 19.1 Application of Funds .............................................................. ............................... XIX -1 19.2 Tax Status of Trust .................................................................... ............................= -1 19.3 Limitation of Interest ............................................................. ............................... NX -1 19.4 Exclusive Benefit of Employees ................................................. ..........................XD{ -1 19.5 Separate Accounting for Contributions and Benefits ............ ............................... M -1 19.6 Provisions Apply Separately ...................................................... I.......................... XIX -1 19.7 Consolidation or Merger ........................................................... ............................= -1 19.8 Discretion of Trustees ............................................................ ............................... XIX -2 19.9 Fractions of a Cent ................................................................. ............................... XIX -2 iii ARTICLE I Name 1.1 Name: The trust hereby created shall be designated and known as "OKLAHOMA MUNICIPAL RETIREMENT FUND." 1.2 Continuation of Trust. This Trust is an amendment, restatement and continuation of the existing Trust Indenture Establishing Oklahoma Municipal Retirement Fund, This amendment and restatement of the Trust is effective upon date set forth in a separate certification by the Trustees as the effective date of the conversion of the defined contribution System administration to a daily valuation basis; provided that, the effective date in such certification shall not be retroactive to a date prior to the date of the certification. I -1 ARTICLE 11 Definitions and Construction 2.1 Definitions: Where the following words and phrases appear in this Trust Indenture, they shall have the respective meanings set forth below, unless their context clearly indicates to the contrary. Authorized Aeent shall mean the person designated by each Employer to represent it in its transactions with the Trustees of this Trust and to perform such other duties as are set forth herein and in the system of such Employer. Daily Valuation Date shall mean each business day of the Plan Year for which there is an established market value for System assets. Employee shall mean any employee covered by the system of an Employer. Emulover shall mean: (1) each and every incorporated municipality in the State of Oklahoma; (2) public trusts having municipality(ies) as beneficiary(ies); (3) interlocal cooperatives created pursuant to 74 Oklahoma Statutes, Sections 1001, et seq., between municipalities and/or their public trust, and; (4) any other legal entity comprising a municipal authority as that term is used in Chapter 48 of Title 11 Oklahoma Statutes, which has adopted a plan or system as herein defined and which has become a participant in this trust according to the terms hereof. Oklahoma Municipal Leaeue shall mean the wholly owned and financed instrumentality of its member city and town governments by that name, in existence since 1913 to perform common functions of each, and wholly controlled by an elected board of municipal officials. System shall mean each and every employee's retirement fund and system created or adopted by an employer which is a participant in this trust. Trust or Oklahoma Municipal Retirement Fund shall mean the Trust hereby created and may be used to refer collectively to all the assets at any time comprising the corpus and accumulated income thereof. Trust Administrator shall mean the person, firm or corporation appointed by the Trustees to see to the day to day operations of the Trust and to perform such other duties as are herein specified. Trustees shall mean the group or body composed of all Trustees serving hereunder at any particular time. II -1 2.2 Construction: Any word appearing in this Trust Indenture denoting gender, whether masculine, feminine or neuter, shall, unless the context clearly indicates to the contrary, include any other gender. The words "hereof," "herein," "hereunder" and other similar compounds of the word "here" shall mean and refer to this entire Trust Indenture, not to any particular provision or section. In all matters regarding this Trust, the decision of the Trustees shall control and the construction, interpretation, resolution of any conflicts or inconsistencies determined by the Trustees and their determination as to what should be supplied in the event of omission, shall be binding and conclusive upon all persons and for all purposes. 11 -2 ARTICLE III Trustees 3.1 Existing Trustees: The Trustees serving on the effective date of this amendment shall serve as such Trustees until their successors are elected and qualified as hereinafter provided. These Trustees shall be referred to as the existing Trustees. 3.2 Creation of District Boundaries: The State of Oklahoma shall be separated into eight districts for purposes of nomination of Trustees to the Oklahoma Municipal Retirement Fund. The eight districts shall be as shown on the attached map, and shall be numbered one through eight. The Trustees may, from time to time, amend the district boundaries as necessary by adopting a resolution setting forth amended district boundaries. No amendment to district boundaries shall disqualify a Trustee from completing his or her unexpired term. 3.3 Number of Trustees and Nominations: The Trustees of this Trust shall be nine (9) in number. The Trustees shall be nominated by participating employer(s) located within the district boundaries of the district for which nomination is made, except one Trustee shall serve at- large, and such at -large Trustee may be nominated by any employer. Such nominations shall be made by resolution of the employer and shall be filed with the Trust Administrator between May 20th and June 30th, both inclusive, of each year for terms expiring in that year. No nominations received by the Trust Administrator after June 30th, shall be considered. 3.4 Elections: After June 30th, the Trust Administrator shall prepare a ballot listing thereon the names and a brief resume of the background and experience of all nominees for the office for which said Trustee was nominated, (i.e., the district or at- large), and shall forward on or before July 20th of each year by certified mail a copy of the ballot to the authorized agent of each employer. The governing body of each employer shall be entitled to cast by resolution one vote for each office to be filled, provided no vote shall be split or cast in any fraction or part of the whole. The resolution shall direct the authorized agent to indicate the results of its voting on the ballot furnished by the Trust Administrator, and to return the ballot to the Trust Administrator. The ballot shall be returned to the Trust Administrator between July 20th and August 30th of each year, and no ballots received by the Trust Administrator after August 30th shall be counted. The nominee from each district receiving the largest number of votes shall be elected to the office of Trustee for the respective district. In the event of a tie, the Trust Administrator shall, on or before September 10th, prepare a second ballot listing thereon the names of the nominees receiving such equal number of votes, following the same procedure as provided for the first ballot, the governing body of the employers shall again vote, and the nominee(s) receiving the largest number of votes shall be elected. Tie vote ballots shall be returned to the Trust Administrator on or before October 20th, and no ballots received after that date shall be counted. A ballot signed by the authorized agent of an employer shall be conclusive evidence of the vote or votes cast by such employer. The Trust Administrator shall notify the employers of the final results of the election as soon as same is determined, and the Trustees so elected shall take office on October 1st, except in the case of Trustees elected on a tie vote ballot, who shall take office on November 1 ". 11181 3.5 Transitional Provisions: In 1994, the Trustee for the "at- large" position shall be elected, and in 1995 the Trustee for District No. 2 shall be elected. The initial terms for the offices of Trustees after adoption of this amendment shall expire as follows: Trustee District Expiration No. 1 1998 No. 2 1995 No. 3 1997 No. 4 1994 No. 5 1996 No. 6 1996 No. 7 1995 No. 8 1997 At -large 1994 As soon as possible after the effective date of this amendment, the two newly created Trustee offices from District No. 2 and the At -Large position shall be filled by appointment by a majority of the existing Trustees for terms expiring as follows: District No. 2 expires in 1995, and Trustee at -large expires in 1994. 3.6 Terms of Office: Except as provided in Section 3.5, the Trustees so elected under this Trust Agreement shall serve for terms of five years, or until their successors are qualified. 3.7 Bonding Requirements: Each Trustee and Successor Trustee serving hereunder at any time shall be covered by a corporate surety bond in an amount equal to at least ten percent (10 1/4) of the total value of the Trust assets as determined at the close of the last fiscal year of the Trust, in favor of the Trust hereby created and conditioned upon the full and faithful performance of all duties, obligations, and responsibilities hereby imposed upon such Trustees, provided that no such bond shall be required in an amount in excess of $500,000.00 per Trustee. The cost of expense of such bond, which may be in the form of a blanket bond, shall be considered a proper operating expense of the Trust and shall be paid from the segregated operating funds held by the Trustees. 3.8 Filling Vacancies: Any vacancies in the Trustees occurring during any year may be filled by appointment by the Chairman with confirmation by the affirmative vote of a majority of the Trustees then serving. Any Trustee so appointed and confrrrned by the Trustees shall hold office for the remainder of the term of the vacating Trustee, subject to the other provisions hereof, and until the election and qualification of his successor. Trustees appointed under this section shall meet the qualifications set forth in Section 3.15 of this Trust. 3.9 Officers and Duties: The Trustees shall elect from their membership the following officers who shall serve for a term of one (1) year or until their successors are elected, but any officer shall be considered eligible for election to succeed himself: Chairman: The Chairman shall be the chief executive officer of the Trustees, and shall preside at all meetings of the members of the Trustees, and shall, after appropriate resolution of the Trustees, sign all contracts, deeds, and other formal instruments on III -2 behalf of the Trustees, and shall sign all checks disbursing any part of the segregated Trust Operating Fund held by the Trustees. Vice - Chairman: The Vice - Chairman shall in the absence of or during the disability of the Chairman, have all the powers and perform all the duties of the Chairman. Secretary: Under the direction of the Trustees the Secretary shall have charge of the records of all proceedings of the Trustees and shall record minutes of all meetings of the Trustees, and shall attest to the signature of the Chairman on all documents or instruments requiring such signature, and shall make such reports and certifications, and shall perform such other duties as are incident to his office or may be required of him by the Trustees. One or more Assistant Secretary may be elected by the Trustees. Treasurer: The Treasurer shall certify to the accuracy of all statements and reports relating to the assets of the Trust and shall countersign all checks disbursing any part of the segregated Trust Operating Fund held by the Trustees. 3.10 Office. Records and Meetings: The Trustees shall establish an office or offices with suitable space for meetings of the Trustees and for use of the Trust Administrator and other administrative personnel. The Trustees shall maintain accurate and detailed records and accounts of all their transactions. All books and records of the Trustees, the Administrator, and the Trust shall be kept in such office or offices or in such other specified place or places as the Trustees shall designate for safekeeping and or convenient, ready reference. The Trustees shall hold meetings in such office or offices, on a regular basis once each month, and at such other times upon the call of the Chairman or a majority of the Trustees. All books and records, including the record of the Trustees' proceedings shall be available at all reasonable times for inspection or audit by any employer, employee, or other interested person or persons. 3.11 Meetings: The meetings of the Trustees of the Oklahoma Municipal Retirement Fund shall be subject to the Open Meeting Act. 3.12 Quo rum: At any meeting of the Trustees the presence of a majority of the Trustees then serving shall be necessary to constitute a quorum for all purposes, and the act of a majority of the Trustees present at any meeting at which there is a quorum shall be the act of all the Trustees, except as may otherwise be specifically provided by law or by this Trust Agreement. 3.13 Compensati on: No Trustee or Successor Trustee serving hereunder shall be entitled to receive any compensation for his services as such Trustee, but all such Trustees shall be entitled to reimbursement out of the Trust Operating Fund held by the Trustees of all reasonable expenses, including a reasonable travel allowance incurred in order to attend meetings of the Trustees or to perform other necessary and proper duties incident to the office of such Trustee. 3.14 Systems for Reference: Each employer shall deliver to the Trustees a copy of the System established by such employer and any amendment thereto for convenience of reference, but the rights, powers, titles, duties, discretion, and immunities of the Trustees shall be governed solely by this instrument without reference to such System. 111 -3 3.15 Qualifications. Disqualification and Limitations: Each person nominated, elected, or appointed to serve as Trustee of this Trust shall be at the time he is to take office an officer of the employer, member of the governing body of the employer, or an active or retired participant in the system. (Active or retired participant shall mean an employee with an account balance or benefit remaining in the system.) For the district offices the Trustee shall be an officer or member of the governing body of an employer located in the district represented by the Trustee, and in the case of a retired or active participant the Trustee's participation must be with an employer located in the district for which the Trustee serves. Any Trustee shall immediately be disqualified upon failing to meet any of the criteria for qualification as set forth above. III -4 ARTICLE IV Trust Assets 4.1 Assets and Interests: The assets of this Trust shall consist of such assets and the income therefrom, including such contributions as shall from time to time be made to the Trustees by each Employer under its System, or property for which any of the same shall be exchanged or into which any of the same shall be converted, together with any other assets from time to time held hereunder by the Trustees. All legal right, title and interest in and to the assets of the Trust shall at all times be vested exclusively in the Trustees or their nominee and no Employee shall be deemed to have a severable ownership of any asset of the Trust or any right of partition or possession thereof, but each Employer shall have a proportionate undivided interest therein, based upon the number of units of participation and the value of other assets allocated to its account, sharing ratably with other Employers in the income, gains or losses. 4.2 Valuations: The Securities Custodian(s) shall appraise and place valuations upon the assets of the Trust held by it as of the month end with respect to the assets of each defined benefit System and on each Daily Valuation Date for each defined contribution System. The Recordkeeper(s) shall appraise and place valuations upon the assets of each defined contribution System and the individual participant accounts of each Daily Valuation Date. Any Trust assets not held by the Securities Custodian(s) shall be appraised and valued by the Trustees on said date. The valuation of all assets of the Trust shall be both at cost and at the fair market value thereof as determined by reference to the best available source or sources in the opinion of the Securities Custodian(s) and the Trustee, and both the Securities Custodian(s) and Trustees may rely on figures, or statements appearing in any reputable publication purporting to state sales prices, market quotations, values, bid and asking prices, or any facts affecting values and upon the opinion of one or more persons familiar with the reasonable market value of any assets to be valued, and shall incur no liability for error in any such valuations made in good faith. 4.3 Units of Participation: (1) Defined Benefit Systems. This paragraph shall apply solely to the valuation of defined benefit System assets. As of each valuation date the invested portion of the Trust assets in the hands of the Securities Custodian(s) shall be divided into units of equal value for convenience in determining the proportionate interest of the plan or System of each separate Employer and the proportionate interest of each such Employer shall be expressed by the number of such units allocated thereto. The initial value of each such unit shall be Ten Dollars ($10.00) and thereafter its value shall be a fractional portion of the established valuation of all assets of the Trust in the hands of the Securities Custodian(s) using one (1) as the numerator of such fraction and the total number of units participating in the Trust as the denominator. The Trustees may from time to time cause the units of the Trust to be divided into a greater number of units of lesser value or cause them to be combined into a lesser number of units of greater value. Units of participation in the invested portion of the Trust assets in the hands of the Securities Custodian(s) shall not be evidenced by any form of certificate, but the Trustee shall maintain a record of the number of units outstanding allocated to each Employer. 1V -1 (2) Defined Contribution Systems This paragraph shall apply solely to defined contribution System assets. The units of participation method described in Section 4.3(1) above may be used to determine the proportionate interest of each defined contribution System in the portion of the Trust attributable to defined contribution Systems. Alternatively, the proportionate interest of each defined contribution System may be determined directly as the market value of all participant accounts of a defined contribution System on a given Daily Valuation Date compared with the total market value of all participant accounts of all defined contribution Systems on such Daily Valuation Date. WIPM ARTICLE V Trust Expenses 5.1 Repealed April 1, 1991 5.2 Costs and Expenses: All costs and expenses incurred in the operation, administration, investment, and management of the Trust shall be paid from the Trust assets for and on behalf of the employees or other beneficiaries participating in the system, by the Securities Custodian(s) from the funds in its possession. The Trustees shall have discretion to allocate costs and expenses among the participating Systems in a reasonable manner. Disbursements from the Trust for expenses shall be made only upon approval by the Trustees. Provided, the Trustees are authorized to charge costs for special participant record keeping and reports to the requesting participants or Employer. Provided further, the Trustees and the Recordkeeper(s) shall have discretion to charge an employee's account for reasonable expenses directly related to that account. Nothing herein shall authorize the payment of any funds from the Trust assets except those funds necessary to pay the reasonable and necessary expenses of the operation, administration; investment, and management of the Trust for the benefit of the participating employees and their beneficiaries. 5.3 Repealed April 1, 1991 5.4 Repealed April 1, 1991 5.5 Equipment and Supplies: The Trustees are authorized to purchase such equipment and supplies as they shall deem necessary for the efficient operation, administration, and management of the Trust. Such payments shall be considered an expense of the Trust and the equipment and supplies so purchased shall be an asset of the Trust and shall be held by the Trustees as such and no Employer shall be deemed to have severable ownership therein or any right of partition or possession thereof, but each Employer shall have proportionate undivided interest therein as specified in Article IV hereof. 5.6 Budget: The Trust Administrator shall prepare an annual budget to include all anticipated costs and expenses of the Trust. The budget shall be submitted to the Trustees for approval at the June meeting. Monthly statements showing expenses shall be submitted to the Trustees at each regular monthly meeting. V -1 ARTICLE VI Administration and Management 6.1 Trustees Responsible: The Trustees shall be responsible for the operation, administration and management of the Trust and shall determine the general investment policy to be followed in the investment of the Trust assets and shall approve all investments either before or after the same are made or by establishing a list of specified authorized securities and other investment media in which Trust funds may be invested in accordance with the general investment policy. 6.2 Appointment of Advisors and Others: In order to carry out the responsibilities hereby imposed upon them, the Trustees shall appoint such advisors, consultants, agents and employees, each of whom may be such individual, firm or corporation as shall be deemed necessary or advisable and approved by the Trustees. Such individuals, firms or corporations may be retained or employed in such manner and upon such terms as shall seem appropriate and proper to the Trustees, either by contract or retainer, by regular full or part -time employment or by such other arrangements as shall be satisfactory to the Trustees and shall be subject to such bonding requirements as shall be established by the Trustees. The fees, commissions, salaries or other compensation of such advisors, consultants, agents or employees shall be paid by the Trustees from the Trust Operating Fund. 6.3 Required Appointments: In addition to others which may from time to time be determined to be necessary, the Trustees shall appoint the following advisors, consultants, agents or employees who shall perform the duties and services indicated below and such other duties and services as may from time to time be requested or directed by the Trustees, and who shall be responsible to the Trustees and shall attend all regular meetings of the Trustees: Trust Administrator: The Trust Administrator shall be responsible to the Trustees for the day to day operation of the Trust, and shall on behalf of the Trustees, 1) Be responsible for the transmittal of communications from the Trustees to the Employers. 2) Receive or directly submit to the Recordkeeper (s) payroll and employment reports from Employers and maintain current employment, earnings, and contribution data on each covered employee of each Employer. 3) Certify to any proper and interested party the amount and duration of benefits to be paid from the Trust Fund, 4) Coordinate the activities of all other advisors, consultants, agents or employees appointed by the Trustees. 5) Maintain all necessary records reflecting the operation and administration of the Trust and Trust Operating Fund and submit detailed reports thereof to the Trustees at each regular meeting of the Trustees and at such other time or times as requested by the Trustees. VI -1 6) Process all claims for payment of benefits or expenses for approval of the Trustees. 7) File on behalf of the Trustees such reports or other information as shall be required by any State or Federal law or regulation. Investment Counsel: The Investment Counsel shall be a professional, impartial and experienced person, firm or corporation and shall advise and assist the Trustees in the formation of general investment policy and in the acquisition and sale of specific securities or other investment media. Duties include, but are not limited to, searches, monitoring, reporting and recommending hiring or terminating managers. The Trustees shall consult with Investment Counsel regarding all trust investments but shall be under no specific obligation to strictly adhere to the advice or recommendations of such counsel. Security Custodian(s): The Securities Custodian(s) shall hold all stocks, bonds and other securities of the Trust on behalf of the Trustees and shall buy, sell, exchange or otherwise deal with or contract with reference to such stocks, bonds and other securities as directed by the Trustees or as directed by authorized parties. The Securities Custodian(s) shall also provide safekeeping of all such securities and shall collect and disburse the income or proceeds thereof as directed by the Trustees and shall maintain accurate records regarding all investments, receipts, and disbursements and shall submit detailed reports to the Trustees at each regular meeting of the Trustees and at such other time or times as requested by the Trustees. All stocks, bonds or other securities so held by the Securities Custodian(s) may be held in the name of the Trustees or in his or its name as nominee or in the name of a nominee serving on behalf of the Security Custodian(s). Actu, arv: The Actuary shall advise and assist the management of the Trust and shall, so often as directed by the Trustees but at least biannually, compute from data furnished by the Trust Administrator the cost rate for the actuarial valuation reports to each Employer and to the Trustees concerning funding, cash flow and related requirements. All cost and actuarial valuation reports furnished by the Actuary shall be certified by a Fellow of the Society of Actuaries. Auditor: The Auditor shall be engaged to perform such duties, examinations or other services and to render such reports as the Trustees may from time to time direct. Legal Counsel: The Trustees may appoint legal counsel to render such advice or perform such legal services as may from time to time be deemed by the Trustees to be necessary or advisable in the operation of the Trust. Such legal counsel shall be a duly licensed attorney engaged in the active practice of law within the State of Oklahoma. Recordkeeper(s): The Recordkeeper(s) shall provide systems and processes to receive and maintain participant records and data on behalf of each Employer which reflects all required fields of participant plan activity including but not limited to name, social security number, salary, plan contributions, employment date, interest earnings, taxable and non - taxable status of the funds and distribution activity. VI -2 ARTICLE VII Retirement Committee and Authorized Agent 7.1 Retirement Committee: The System of each Employer provides and shall continue to provide for the appointment or election of a Board of Trustees to administer that System. Such Board of Trustees shall serve as and be hereinafter referred to as the "Retirement Committee" of such Employer. It shall be the duty of the "Retirement Committee" of each Employer to furnish the, Trust Administrator all necessary payroll and contribution information, to file claims on behalf of Employees, to see that all Employee and municipal contributions are forwarded promptly to the Trustees for investment, to determine eligibility of employees for participation and benefits, and to perform such other duties as shall be imposed thereupon by other provisions herein contained or by the System of such Employer. 7.2 Authorized Agent: In order to simplify the relationship between the Trustees and/or Trust Administrator and each Employer, each Retirement Committee shall designate an individual who may, but need not, be one of its members to serve as "Authorized Agent". The "Authorized Agent" shall furnish all necessary information on behalf of his municipality to the Trustees and/or Trust, Administrator and shall be the proper person to receive all communications, correspondence or other information furnished by the Trustees or Trust Administrator to the particular Employer. 7.3 Notice to Trustees: Each Employer shall notify the Trustees of the name of the members of its Retirement Committee and shall furnish the Trustees a specimen of signature of each member of the Retirement Committee. The members of the Retirement Committee shall notify the Trustees of the name and business address of the Authorized Agent selected by the Committee. 7.4 Authority of Retirement Committee: Each Retirement Committee shall have complete authority to determine the existence, non - existence, nature and amount of the equitable rights and interests of all persons in the Trust assets, as such rights and interests affect its System. All directions by the Retirement Committee to the Trustees shall be in writing and signed by the Authorized Agent. Until notified of a change, the Trustees shall be fully protected in acting upon the assumption that the membership of the Retirement Committee and its Authorized Agent have not been changed. wig 41= ZVO193 -M-A II1 Contributions 8.1 Trustees Accountable: The Trustees shall be accountable for all contributions received by them but shall have no duty to require any contribution to be made to them or to determine that the amounts received comply with the System of any Employer or to detemvne that the Trust assets are adequate to provide the benefits payable pursuant to any System. 8.2 Delivery to Trustees: Each Employer shall withhold from the compensation of each Employee covered by its System the portion of the total contribution to be made by such Employee pursuant to its System. On or before the fifteenth (15) day of each month, each Employer shall forward to the Trustees or other authorized parties the Employees' contributions so withheld during the immediately preceding month, together with the portion of the total contributions to be paid by the Employer pursuant to its System for such preceding month. VIII -1 ARTICLE IX Pavments From Trust Assets 9.1 Direction by Retirement Committee: Payments of benefits to or for Employees shall be made from the Trust assets by the Trustees to such persons, in such manner, at such times and in such amounts as the Retirement Committee of each Employer shall direct. The Trustees shall be fully protected in making, discontinuing or stopping such payments from the Trust assets in accordance with the directions of the Committee. The Trustees shall have no responsibility to see the application of payments so made or to ascertain whether the directions of the Committee comply with the System of each Employer. When the Committee directs that any payment is to be made only during or until the time a certain condition exists regarding the payee, any payment made by the Trustees in good faith, without actual notice or knowledge of the changed status or condition of the payee, shall be considered to have been properly made by the Trustees and made in accordance with the direction of the Committee. If any such payment is made by a check mailed to the payee and such check is returned to the Trustee undelivered, or if the Trustees are otherwise unable to deliver any such payment to the payee, the Trustees shall promptly give notice thereof to the Committee. 9.2 Withholding_ and Releases: The Trustees are authorized, but not required, to withhold from distributions to any payee such sum as the Trustees may reasonably estimate as necessary to cover federal and state taxes for which the Trustee may be liable, which are, or may be, assessed with regard to the amount distributable to such payee. Upon discharge or settlement of such tax liability, the Trustees shall pay the balance of such sum, if any, to such payee or to his estate. Prior to making any payment or distribution hereunder, the Trustees may require such releases or other documents from any lawful taxing authority and may require such indemnity from any payee or distributee as the Trustees shall reasonably deem necessary for their protection. 9.3 Exemption of Assets -- Restraints on Alienation: (1) Assets Exempt. Except as otherwise provided in Section 9.3(2) of this Trust Indenture, the assets of the Trust shall be exempt from legal process, and distributions payable from the Trust assets shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, but excluding devolution by death or mental incompetency, including any such liability which is for alimony or other payments for the support of a spouse or former spouse or any otherwise relative of the Employee, prior to actually being received by the person entitled to the benefit under the terms of the System. Any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge, or otherwise dispose of any right to benefits payable hereunder shall be void. The Trustee and Trust assets shall not in any manner be liable for, or subject to the debts, contracts, liabilities, engagements, or torts of any person entitled to benefits hereunder. None of the System benefits or Trust assets shall be considered an asset of the Employee in the event of his divorce, insolvency, or bankruptcy. IX -1 (2) Qualified Domestic Relations Orders: (a) The provisions of Section 9.3 of this Indenture shall not apply to a Qualified Domestic Relations Order as provided pursuant to this subsection. (b) The term "Qualified Domestic Relations Order" means an order issued by the District Court of this State pursuant to the domestic relations laws of the State of Oklahoma which relates to the provision of marital property rights to a spouse or former spouse of a member, and which creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to receive a portion of the benefits payable with respect to a member of the System. (c) Each retirement plan administered by the Oklahoma Municipal Retirement Fund shall include rules and regulations for Qualified Domestic Relations Orders. Such rules shall be included as a part of each Tax Qualified Retirement Plan. (3) Loans Secured by Participants Accrued Non - Forfeitable Benefits. Where specifically authorized by the employer's System, a loan may be made to a participant from the Trust, and such loan shall not be treated or construed as an assignment or alienation prohibited by this Section if such loan is secured by the participant's accrued, non - forfeitable benefit under the Plan, and satisfies the applicable requirements of the Plan and the Internal Revenue Code of 1986, as amended (including Section 72, and applicable amendments thereto). (This paragraph was inadvertently omitted in the January 2007 version and reinserted in June 2011.) 9.4 Payment of Taxes: The Trustees may pay any taxes or assessments which, in their opinion, are proper charges against the Trust, without liability for error judgment, and the Trustees shall be entitled to exoneration and reimbursement from the Trust for any taxes or assessments levied on or payable by them with respect to the Trust or any asset thereof or income therefrom. Any such taxes shall be apportioned or allocated to the accounts of the various Employers as the Trustees shall determine to be legal and equitable. 9.5 Benefit Payments: In order to provide a more efficient procedure for the payment of benefits, the Trustees may adopt other suitable means to issue such benefit payments and may authorize the Trust Administrator to issue the same, under such rules and regulations as the Trustees may adopt; provided, however, that any such adoption and authorization shall in no way reduce the liability of the Trustees or relieve them of any responsibility regarding the protection of Trust assets. IX -2 ARTICLE X Investment of Trust Assets 10.1 Authorization of Trustees: The Trustees are authorized to invest and reinvest the Trust assets in such bonds, notes, debentures, mortgages, investment trust certificates, preferred or common stocks, interest in realties, leaseholds, fee titles, equipment trust certificates, royalties (including overriding oil and gas royalties whether measured by production or by gross or taxable income from property), or in oil and gas leases, oil payments or any other type of oil properties, and other forms of securities and/or investments permissible under applicable law, including securities of any Employer, as the Trustees may deem advisable and the Trustees may hold any portion of the Trust assets in cash pending investment or payment of expenses or benefits without liability for interest. 10.2 Limitation of Investments: Any provisions herein contained notwithstanding, no investment shall be made which is prohibited by the law of the State of Oklahoma and prior to making any investment in any security of any Employer, the Trustees shall secure a ruling from the Internal Revenue Service that such investment will not adversely affect the status of the Trust, unless occasion for such particular ruling shall be eliminated by statute, regulation or other determination of general application. X -1 W31yCaMA DOX I Accounting and Mechanical Operation of the Trust 11.1 Deposit of Contributions: All contributions received by the Trustees from any Employer, including the portion thereof attributable to contributions by employees, shall be immediately deposited by the Trust Administrator in such depository as shall have been designated by the Trustees and credited to the account of the contributing Employer on the books of the Trust. 11.2 Subsidiary Ledgers: The Trust Administrator shall establish and maintain a subsidiary ledger for each Employee covered by the System of every Employer and shall accurately reflect therein the total amount of contributions made by such covered Employee pursuant to the System under which he or she is covered. 11.3 Investment of Funds: (1) Defined Benefit Systems. This paragraph shall apply solely to defined benefit Systems. The Trustees shall deliver all or such portion as they deem proper, of the contributions held by them and credited to the account of an Employer to the Securities Custodian(s) for investment immediately upon determination by the Securities Custodian(s) of the value per unit of participation in accordance with Article IV hereof, as of the valuation date next following receipt of such contributions by the Trustees. The Securities Custodian(s) immediately upon receipt of such funds, shall proceed to invest the same pursuant to the directions of the Trustees, and shall allocate to each Employer, the appropriate number of units of participation determined by dividing the total amount of such funds delivered to it and credited to the account of such Employer by the value per unit of participation on such valuation date. Provided, however, if any contribution of an Employer is received by the Trustees subsequent to any valuation date but prior to the determination of the value per unit of participation as of such valuation date, the Trustees shall deliver all or such portion as they deem proper of such contribution to the Securities Custodian(s) for investment, immediately upon the determination by the Securities Custodian(s) of such value per unit of participation and the Securities Custodian(s) shall proceed to invest the same as above set out and shall allocate to the account of each such Employer an appropriate number of units of participation determined as above required but -based upon the value per unit of participation as of such immediately past valuation date. In each event the Securities Custodian(s), immediately upon allocation of units of participation to the accounts of individual Employers, shall notify the Trust Administrator of such allocation and the Trust Administrator shall make appropriate entries in the books and records of the Trust. (2) Defined Contribution Systems. This paragraph shall only apply solely to defined contribution Systems. The Trustees shall deliver all or such portion as they deem proper, of the net contributions held by them and credited to a defined contribution System Employer to the Securities Custodian(s) for investment. Such amounts shall be appropriately allocated to each investment option based on Employee elections. The investment of such funds shall be made as soon as reasonably practicable. m 11.4 Liquidating Payments: (1) Defined Benefit Systems. This paragraph shall apply solely to defined benefit Systems. The Trust Administrator shall notify the Securities Custodian(s) of the amount of any funds required by the Trustees for the purpose of making any benefit payments due under the System of any Employer. Immediately upon determination by the Securities Custodian(s) of the value per unit of participation, in accordance with Article IV hereof, as of the valuation date next following the receipt of such notice the Securities Custodian(s) shall liquidate for cash a number of the units of participation credited to the account of such Employer sufficient to produce the required funds and shall appropriately reflect such liquidation in its records. The funds so made available shall be delivered to the Trust Administrator for deposit and credit to the account of the appropriate Employer. The Securities Custodian(s) shall also furnish the Trust Administrator the information necessary to reflect such liquidation in the books and records of the Trust. (2) Defined Contribution Systems This paragraph shall apply solely to defined contribution Systems. The Recordkeeper(s) shall notify the Securities Custodian(s) of the amounts of each investment option required for the purpose of investing Employee contributions, trades or transfers and making benefit payments (including withdrawals, loans and transfers) to Employees. The Securities Custodian(s) shall sell a sufficient amount of each investment option to meet the payment obligations and deliver the funds to the Trust Administrator. 11.5 Records of Securities Custodian(s): In addition to any other records required of it, the Securities Custodian(s) shall at all times maintain accurate records of its receipts and disbursements and of the income, expenses, gains and losses earned or incurred by it in all transactions with relation to the Trust or any assets or investments thereof. XI -2 ARTICLE X11 Rights of Trustees 12.1 Enumeration of Ri ts: Subject only to other pertinent provisions of this Trust, and in addition to other enumerated rights, powers and privileges, the Trustees are further authorized and empowered: To hold, manage, improve, repair and control all property, real or personal, at any time forming part of the Trust assets; to sell, convey, transfer, exchange, partition, lease for any term, even extending beyond the duration of this Trust, and otherwise dispose of the same from time to time in such manner, for such consideration and upon such terms and conditions as the Trustees shall determine; to vote any corporate stock either in person or by proxy, with or without power of substitution for any purpose; To cause any property of the Trust to be issued, held or registered in the individual names of the Trustees, or in the name of a nominee, or in such form that title will pass by delivery, provided the records of the Trustees shall indicate the trust ownership of such property; To exercise any conversion privilege or subscription right given to the Trustees as the owner of any security forming part of the Trust assets; to consent to, take any action in connection with, and receive and retain any securities resulting from reorganization, consolidation, merger, readjustment of the financial structure, sale, lease or other disposition of the assets of any corporation or other organization, the securities of which may be an asset of the Trust; To employ such agents and counsel as may be reasonably necessary in managing and protecting the Trust and to pay them reasonable compensation from the Trust Assets; to settle, compromise, or abandon all claims and demands in favor of or against the Trust; to charge any premium on bonds purchased above par value to the principal of the Trust without amortization from the income of the Trust, regardless of any law relating thereto; To exercise all the further rights, powers, options and privileges granted to, provided for, or vested in Trustees generally under the laws of the State of Oklahoma as amended from time to time, it being intended that, except as herein otherwise provided, the powers conferred upon the Trustees herein shall not be construed as in limitation of any authority conferred by law but shall be construed as in addition thereto; and In addition to the enumerated powers herein, to do all other acts in their judgment necessary or desirable for the proper administration of the Trust. 12.2 Protection by Written Directions: The Trustees shall be fully protected in taking any action indicated by this instrument to be within the scope of the authority of any member of the Retirement Committee under the System of an Employer in accordance with any written instrument purporting to be signed by such person or persons authorized to sign for the Retirement Committee, which the Trustees, in good faith, believe to be genuine. NOW 12.3 Advice of Counsel: The Trustees may consult with counsel in respect to any of their duties or obligations hereunder and shall be fully protected in acting or refraining from acting in accordance with the advice of such counsel. 12.4 Indemnification of Trustee: The Trustees shall incur no personal liability (except for their own gross negligence) for any act done or omitted to be done in good faith in the administration of the Trust, and the Trustees shall be indemnified and saved harmless by the Employers, or from the Trust, or both, from and against any and all liability to which the Trustees may be subjected by reason of any such act or conduct, including all expenses reasonably incurred in their defense. XU -2 ARTICLE 3M Accounts of the Trustee 13.1 Inspection or Audit: The Trustees shall maintain accurate and detailed records and accounts of all transactions hereunder, which shall be available at all reasonable times for inspection or audit by each Authorized Agent or Retirement Committee as to its Employer's Trust share, or by any other person designated by the governing body of a participating Employer. 13.2 Reports to Auditors: The Trustees at the direction of any Employer shall submit to the auditors for such Employer, such valuations, reports, or other information as they may reasonably require. 13.3 Annual Audit: The Trustees shall cause an audit to be made of the Trust and Trust Operating Fund as of the end of each fiscal year thereof and as of such other date as the Trustees shall determine. 13.4 Written Accounts: Following the close of each fiscal year of the Trust, the Trustees shall file with each Employer a written account setting forth all transactions effected by them subsequent to the end of the period covered by the last previous annual account pertaining to the System of such Employer and listing the assets of the Trust relating to the System of such Employer at the close of the period covered by such account, at fair market value. The fiscal year and annual accounting period of the Trust shall be the twelve -month period beginning July I and ending June 30 of the following year during the existence of the Trust. Such fiscal year accounting period shall not be changed except after approval by the Internal Revenue Service of the Trustees' application therefor. 13.5 Approval of Accounts: Upon the receipt by the Trustees of written approval of any such account, or upon the expiration of ninety days after delivery of any such account to the Authorized Agent of an Employer, such accounts (as originally stated if no objection has been theretofore filed by such Employer, or as theretofore adjusted pursuant to agreement between such Employer and the Trustees) insofar as it relates to the System of such Employer, shall be deemed to be approved by such Employer except as to matter, if any, covered by written objections theretofore delivered to the Trustees by such Employer regarding which the Trustees have not given an explanation, or made adjustments, satisfactory to such Employer, and the Trustees shall be released and discharged as to all items, matters and things set forth in such account which are not covered by such written objections as if such account had been settled and allowed by a decree of a court having jurisdiction regarding such account and of the Trustees, such Employer, its Retirement Committee and all persons having or claiming to have any interest in the Trust assets. The Trustees, nevertheless, shall have the right to have their accounts settled by judicial proceedings if they so elect, in which event the Employers or any of them, or their Retirement Committees and the Trustees shall be the only necessary parties. 13.6 inouiry by Directors of the Oklahoma Municipal League: For the purpose of advising or making recommendations to participating Employers, the Board of Directors of the Oklahoma Municipal League may inquire into the accounts and activities of the Trustees at any XIII -1 reasonable time and may conduct such audits or investigations as it shall deem advisable. XIII -2 ARTICLE XIV Resignation, Removal and Succession of Trustees 14.1 Removal by Withdrawing Employ : Any Employer, by resolution of its governing body, may remove the Trustees as the Trustees for its System, at any time and create or designate a separate trust and appoint a Successor Trustee or Trustees for its System. Such removal or appointment shall become effective when copies of said resolution certified by the appropriate officer of such Employer and an acceptance of the Trust signed by the Successor Trustee or Trustees so appointed is delivered to the Trustees. Upon such change being made, the Trustees shall, as soon after the valuation date next following receipt of such certified resolution and acceptance as is practical, deliver to the Successor Trustee or Trustees so appointed, an amount of cash equal to the ratable portion of the Trust assets allocated to the account of such Employer as of such valuation date together with a certified statement of all facts reasonably necessary to enable the Successor Trustee or Trustees to accept, hold, manage and distribute such trust assets. Thereupon the Trustees shall be fully discharged of all duties and liabilities in regard to such Employer and any employees thereof. 14.2 Resignation by Trustee: Any Trustee may resign as Trustee of this Trust by delivering to the other Trustees of this Trust a written resignation to take effect sixty days after the delivery thereof unless prior thereto the remaining Trustees shall have appointed a Successor Trustee as hereinbefore provided. 14.3 Ap licp ability to Successor Trustees: All of the provisions set forth herein with respect to the Trustees shall relate to each Successor Trustee with the same force and effect as if such Successor Trustee originally had been named herein as Trustee. 14.4 Liability of Successor Trustees: No Successor Trustee shall be liable for the acts or omissions of any prior Trustee or be obliged to examine the accounts, records or acts of any prior Trustee or Trustees. 14.5 Removal by Majority of Employers: Any one or all of the serving hereunder at any time may be removed as such Trustee or Trustees by resolution or ordinance of the governing bodies of a majority of the participating Employers. In the event less than all of the Trustees of this Trust shall be so removed, the other provisions hereof shall govern the appointment or election of successors for those so removed. 14.6 Resignation or Removal of All Trustees: If all the Trustees shall at the same time be removed by such action or resign with no Successor Trustees having been properly elected to take office as of the effective date of such removal or resignation, the Directors of the Oklahoma Municipal League shall serve as temporary Trustees of this Trust until Successor Trustees have been elected and qualified under the provisions hereof. ARTICLE XV Termination 15.1 Termination of System by Participating Employer: The Trust created by this Indenture is intended to be permanent unless otherwise prohibited by law, and, in such event, it shall last only so long as one day short of the maximum time permitted by the statutes and laws of the State of Oklahoma. The Trust may, however, be terminated at any time by any Employer insofar as it relates to such Employer, in accordance with and as provided in its System pursuant to resolution of the governing body of such terminating Employer, by giving notice in writing to the Trustees, which notice shall recite the date upon which the termination shall be effective. After receipt of such notice the Trustees shall continue to hold, invest, administer, liquidate and distribute the portion of the Trust assets attributable to the System of each such terminating Employer pursuant to the provisions of its System and this Trust. The Trust shall terminate as to any Employer only when no assets of the Trust attributable to the System of the terminating Employer remain in the possession of the Trustee. 15.2 Distributions to Employer: In no event shall any assets be returned to any Employer except such, if any, which remain as the result of erroneous actuarial computation after the satisfaction of all fixed and contingent liabilities to persons entitled to benefits from the Trust. 15.3 Termination on Loss of Exemption: Notwithstanding any other provision herein contained, if at any time the System of any Employer has ceased to be entitled to tax exemption under the Internal Revenue Code, then such Employer shall automatically cease to be a participant in this Trust and the allocable portion of the Trust assets attributable to such Employer shall be segregated and distributed to the Treasurer of such Employer, for the use and benefit of its covered employees or their beneficiaries. 15.4 Loss of Membership in Oklahoma Municipal League: Any Employer eligible for membership in the Oklahoma Municipal League must be and shall remain a member in good standing of the Oklahoma Municipal League before being approved for participation in the Oklahoma Municipal Retirement Fund. XV -1 ARTICLE XVI Amendments 16.1 Right to Amend: The Employers, only, shall have the right at any time or times to amend this Trust Indenture in whole or in part. Any amendment shall be approved by resolution or ordinance by the governing bodies of at least two- thirds of the Employers participating herein at the time of such amendment. 16.2 Copies of Amendments: A certified copy of each amendment to this Trust Indenture shall be delivered to each Employer by the Trustees. 16.3 Limitation on Right to Amend: No amendment shall be made to this Trust Indenture pursuant to the foregoing provisions which shall: Make it possible, at any time prior to the satisfaction of all liabilities under the System of any Employer with respect to its employees and their beneficiaries, for any part of the Trusts assets to be used for, or diverted to, purposes other than for the exclusive benefit of employees of such Employer or their beneficiaries; or Increase the duties or liabilities of the Trustees without their written consent; or Be made effective retroactively to a date prior to the beginning of the fiscal year of the Trust in which it is adopted except amendments which are necessary to maintain without interruption, the qualification of the Trust or the System of any Employer for tax exemption under the Internal Revenue Code as amended from time to time and the regulations promulgated thereunder. XVI -1 ARTICLE XVII Controlling Law and Lenal Actions 17.1 Controlling Law: This instrument shall be construed and enforced, and the Trust shall have a sites in and shall be administered according to the laws of the State of Oklahoma. 17.2 Severability of Provisions: If any of the provisions of this Indenture shall be held illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining provisions of this Trust Indenture, but shall be fully severable and the Trust Indenture shall be construed and enforced as if said illegal or invalid provisions had never been inserted herein. 17.3 Legal Actions: The participating Employers shall have the authority either jointly or severally, but shall be under no duty to enforce this Indenture on behalf of any and all persons, having or claiming any interest in the Trust assets. In any action or proceeding affecting the Trust or the administration thereof, or for instructions to the Trustees, the participating Employers and the Trustees shall be the only necessary parties, and no Employees or former Employees of any participating Employer or their beneficiaries, or any other person having or claiming to have an interest in the Trust assets shall be entitled to any notice or process, and any judgment that may be entered in such action or proceeding shall be binding on all persons having or claiming to have any interest in the Trust assets. XVII -1 ARTICLE XVM Adoption by Other Incorporated Cities and Towns 18.1 Authorization and Procedure: Any Employer as defined herein in the State of Oklahoma with employees now in existence, or hereafter formed which is not already an Employer under this Trust, may, with the consent and approval of the Trustees, by formal resolution or ordinance of its governing body adopt by reference the Trust hereby created, and as amended from time to time, and establish a System of which it is a part for all or any classification of persons in its employment. Such adoption shall be effectuated by and evidenced by a duly certified formal resolution or ordinance by the adopting Employer. It shall not be necessary for the adopting Employer to sign or execute the original or then amended Trust document. The effective date of the Trust for any such adopting Employer shall be that stated in the resolution or ordinance of adoption, which shall be the first day of its first System year, and from and after such effective date such adopting Employer shall assume all the obligations of an Employer hereunder and under its System, and shall be included within the meaning of the word "Employer" as defined herein. However, participation in the Trust by an adopting Employer shall be subject to such acceptance of the Trustees and shall be contingent upon a determination by the Internal Revenue Service that the participation by such Employer in the Trust constitutes a qualified plan and trust under Section 401(a) of the Internal Revenue Code of 1954, and upon such adopting Employer having entered into a written contract for the pooling of its pension and retirement funds for purposes of management and investment with those of other entities which are Employers hereunder. The administrative powers and control of the Trustees, as provided in the System and Trust, shall not be diminished by reason of the participation of any such adopting Employer in the Trust. Any Employer may withdraw from the Trust at any time without affecting other Employers not withdrawing by complying with the provisions of the Trust relating to termination of the Trust and Successor Trustees, 18.2 Asset Management: Nothing in this Trust Indenture shall be construed as prohibiting an Employer from entering into this Trust for the purposes of pooling its pension and retirement funds for purposes of management and investment of those funds with other employers participating in the trust, with such Employer reserving the right to adopt and administer its own separate retirement plan. The acceptance of such funds for management and investment only shall be subject to the acceptance by the Trustees and shall be contingent upon a determination that the participation of the Employer in the Trust does not affect the tax exempt status of the Trust as part of a qualified plan under Sections 401 and 501 of the Internal Revenue Code. The Trustees of this Trust shall determine and charge a fee to the Employer for the management and investment of its pooled funds. XVIII -1 ARTICLE XIX Miscellaneous 19.1 Application of Funds: No person dealing with the Trustees shall be required or entitled to see the application of any money paid or property delivered to the Trustees, or to determine whether or not the Trustees are acting pursuant to authorities granted to them hereunder or to authorizations or directions herein required. The certificate of the Trustees that they are acting in accordance with this Indenture shall protect any person relying thereon. 19.2 Tax Status of Trust: The Trust is hereby designated as constituting a part of a plan intended to qualify and to be tax exempt under Section 401(a) and Section 501(a) respectively, of the Internal Revenue Code of 1954, as amended from time to time. Until advised otherwise, the Trustees may conclusively assume that this Trust is qualified under Section 501(a) of the Internal Revenue Code as amended from time to time, and that this Trust is exempt from federal income taxes. 19.3 Limitation of Interest: Neither the creation of this Trust nor anything contained in this Indenture shall be construed as giving any person entitled to benefits hereunder or other employee of any Employer any equity or other interest in the assets, business or affairs of any Employer. 19.4 Exclusive Benefit of Em lovees: It shall be impossible by operation of this Trust, by natural termination thereof, by power of revocation or amendment, by the happening of any contingency, by collateral arrangement, or by any other means, prior to the satisfaction of any and all liability under the System with respect to Employees, retired Employees, or beneficiaries of deceased Employees, for any part of the Trust assets and the income therefrom to be used for or diverted to purposes other than for the exclusive benefit of such Employees, retired Employees, and such of their beneficiaries as may be entitled to benefits under the System of an Employer. Provided, however, termination of its System, an Employer shall receive such amount, if any, as may remain after the satisfaction of all liabilities under its System to its Employees and arising out of any variations between actual requirements and expected actuarial requirements. The Trustees shall, however, be under no obligation to see to the enforcement of this paragraph. 19.5 Separate Accounting for Contributions and Benefits: The Trustees shall be under obligation to record separately the contributions from each Employer made with respect to its System and the benefits paid under the System to its Employees upon instructions of its Retirement Committee. 19.6 Provisions Apply Seoaratelv: All provisions of this Indenture shall apply separately to each of the Employers. 19.7 Consolidation or Mer Pr: Upon the liquidation, bankruptcy, insolvency, consolidation, or merger of an Employer to or with another governmental unit in which the Employer is not the surviving unit, the System of such Employer and the Trust as related to it will terminate and the Trust assets allocated to it will be held or distributed as herein provided, unless the successor to such Employer assumes the duties and responsibilities of such Employer XIX -1 by adopting its System, or, by the establishment of a separate plan or System to which its pro rata share of the Trust assets shall be transferred and delivered as in the case of the removal of the Trustees by a withdrawing Employer. 19.8 Discretion of Trustees: The discretion or judgment of the Trustees, when exercised in good faith and with reasonable care under the circumstances then prevailing, shall be binding upon all persons. 19.9 Fractions of a Cent: Any fraction of a cent per unit of participation resulting from any computation hereunder may be disregarded or adjusted in such reasonable manner as the Trustees may determine. ►' T ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Bronce L. Stephenson Director of Community Development SUBJECT: Downtown Overlay District - Ordinance 1051 DATE: April 3, 2015 BACKGROUND: Overlay districts are flexible land use control tools which establish additional development standards over the base zoning districts. Typically, overlay districts are used to protect areas from undesirable uses, control architecture and design, require additional landscaping beyond the base standards, or encourage mixing residential and business activity to support pedestrian oriented development. The Community Development Department has been working on an overlay district for a section of the original town area of Owasso for several months. The purpose of the Downtown Overlay ordinance is to develop a basic set of design standards that will help spawn desirable economic development activity that is pedestrian in scale, ensures attractive architecture and promotes orderly development, while making the area attractive for new business activity. The proposed overlay helps to implement the Town Square and Owasso Station District identified in the 2001 Downtown Plan, and addresses many of the concerns that were expressed during the development of the Quality of Life Initiative and the Land Use Master Plan regarding redevelopment of the downtown core. The proposed Downtown Overlay basically covers the area from 31d Street on the north to 5u, Avenue on the south, the railroad tracks on the west and the US -169 service road on the east. In 2012, the city purchased the former First Bank Building for the purposes of moving City Hall to this location. Given this large public investment, it further emphasizes the need to protect the downtown core from development that would serve to degrade this facility. Overall, this proposed ordinance for the Downtown Overlay District seeks to establish regulations that protect the investment of existing and prospective landowners, as well serve to protect businesses and corporations from unattractive, non - compatible uses, and ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion. Further, the overlay will ensure consistency in development, which will ensure property values are maintained and continue to increase. This overlay document is a tool that will be used to create an arts and entertainment district, similar to what has been seen with the Rose District in Broken Arrow, or the Brady and Cherry Street Districts in Tulsa. TIMELINE: • This document has been in development and public input solicited since the summer of 2014. • Many key stakeholders, including business owners, investors and citizens in the downtown area, have provided input. • The Planning Commission reviewed this item in December and January and offered input. • Notices were sent to all property owners within the overlay district and within 300 feet of the area, announcing the time for the public meeting, the Planning Commission public hearing and the City Council public hearing. • The OEDA reviewed the overlay at their February 12, 2015 meeting. • A public input meeting took place on February 23, 2015 at 6:30 PM at the Community Center to receive citizen input, answer questions and discuss any issues. • The Planning Commission held a public hearing and voted to recommend approval on March 9, 2015. • The Council reviewed this item again at the work session on March 10, 2015. • The Council held a public hearing at the regular meeting on March 17, 2015. • The Council will consider action on the ordinance at the regular meeting on April 7, 2015. PUBLIC INPUT: A meeting for business owners was held at the Community Center on Friday, February 20th. The meeting afforded downtown business owners the ability to discuss perceived concerns with the downtown overlay language. Staff was able to discuss issues and answer questions dealing mostly with what the new overlay would mean for existing businesses and what changes would be required. On Wednesday, February 25th, a property owners meeting was held at the Community Center. There were well over 50 attendees and after an introduction and presentation by staff, the floor was opened up for questions. The questions ranged from impacts to property values to what the overlay meant for current businesses or those wanting to expand or relocate. There was also discussion on the use of metal buildings and the impact of the overlay to the availability of affordable housing. The draft language has been made available on the City's website in order to allow members of the community to review the document and comment. Additionally, a Facebook page (Owasso Downtown Overlay District) was created and has been a place for community dialogue. Social media has been a great way to connect with citizens and to spur community - wide discussion. PLANNING COMMISSION: On March 9, 2015 the Owasso Planning Commission held a public hearing to receive input on the Downtown Overlay District. After the hearing, the Planning Commission voted unanimously to recommend approval of the Overlay District with the condition to make all setbacks zero feet and to add language about the district being bicycle friendly. RECOMMENDATION: Staff recommends approval of Ordinance 1051, approving the creation of the Downtown Overlay District. ATTACHMENT: Ordinance 1051 - Owasso Downtown Overlay District CITY OF OWASSO, OKLAHOMA ORDINANCE 1051 AN ORDINANCE AMENDING THE CITY OF OWASSO ZONING CODE AS CODIFIED IN THE OWASSO CODE OF ORDINANCES, PART 12, PLANNING, ZONING AND DEVELOPMENT, CHAPTER 2, ZONING REGULATIONS, SUB - CHAPTER 8, PLANNED UNIT DEVELOPMENTS AND OVERLAY DISTRICTS, SECTION 860, OVERLAY DISTRICTS, BY ADDING SUB - SECTION 860.5, DOWNTOWN OVERLAY DISTRICT, CONTAINING SUB - SECTIONS 860.5.1, GENERAL DESCRIPTION, 860.5.2, PURPOSE, 860.5.3, DOWNTOWN OVERLAY DISTRICT DESIGNATED, 860.5.4, PERMITTED USES, 860.5.5, LANDSCAPE REQUIREMENTS, 860.5.6, GENERAL REQUIREMENTS, AND 860.5.7 BUILDING AND SITE DESIGN STANDARDS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: SECTION ONE (1): AMENDED LANGUAGE The Owasso Zoning Code, contained within the Owasso Code of Ordinances in Part 12, Chapter 2, Sub - Chapter 8, Section 860, shall be amended by adding as follows: SECTION 860.5 DOWNTOWN OVERLAY DISTRICT 860.5.1 GENERAL DESCRIPTION It is the purpose and intent of the Downtown Overlay District to provide enhanced standards to protect and enhance the unique characteristics of the Main Street, 761h St and downtown areas. Overlay Districts may also be used to protect or facilitate a particular design theme established through specific architectural styles or periods, or to protect or facilitate site plan conventions such as setbacks that are both minimums and maximums. 860.5.2 PURPOSE • Encourage sustainable development that will become a long -term asset to Owasso. • Promote economic growth and redevelopment of the downtown Owasso area. • Encourage residential development as part of commercial development and to replace blighted properties on the fringe of the downtown area with new and higher- density residential. • Encourage the development of office space through stand -alone and mixed -use development. Office space is encouraged at a higher- density and multi -story structures. • Giving special attention to landscaping, buffering, signage, lighting and building setbacks in those districts identified as needing special attention. • Giving special attention to the existing architectural style or to the style that is planned, so as to create an easily identifiable area in those areas identified as architecturally significant. • Promote the history of Owasso. • Encourage quality, attractive and unique architecture. • Implement the Downtown Development District as described in the 2030 GrOwasso Land Use Master Plan and 2001 Downtown Master Plan. • Create a vibrant arts and entertainment district. • Create a walkable environment that embraces Owasso's Complete Streets Policy and makes a safe environment for pedestrians, automobiles and bicycles alike. • Create an area where development can be accomplished at a higher- density than allowed in any other commercial and residential areas of Owasso. • Attract new businesses and retain small businesses in the downtown area. • Revitalize Main Street and create a true Main Street environment. • Establish regulations that protect the investment of existing and new businesses from unattractive, non - compatible uses. • Ensure the area is visually pleasing, sustainable, and developed in a coordinated fashion. • Ensure a high quality of development that will ultimately generate an economically enhanced and pedestrian friendly area for Owasso. • Follow the principals of the Quality of Life Initiative and the GrOwasso 2030 Land Use Master Plan. • Encourage locally -owned and Made In Oklahoma businesses 860.5.3 DOWNTOWN OVERLAY DESIGNATED A. BOUNDARY MAP The boundaries of the attached map (figure 1) depict the proposed Downtown Overlay Area. All properties within the depicted boundaries are subject to the rules and regulations within this chapter and the Owasso Zoning Code B. MAP AMENDMENTS No change in the boundary of the Downtown Overlay District shall be authorized, except by the City Council pursuant to the procedures outlined in Chapter 13, Amendments. Downtown Overlay District Boundaries f as 4 ill 376 it 11/0612014 S�. its Figure 1 crlt.:t OIL. IS °r Ihe Downtown Overlay Map I'tt, a I 'fiell NOCiiC11S TO b Sule If I .R1PIISe a. w2,% 860.5.4 PERMITTED USES The base zoning districts of properties fully or partially within the designated overlay district shall not be affected except as noted in this chapter. All applicable regulations for use, yard, area, lot dimensions, utility placement, and landscaping shall be those specified for each district, including planned unit development (PUD) stipulations. A. USE RESTRICTIONS 1. In AG districts, only existing agricultural uses shall be permitted to continue and be subject to all applicable standards and regulations in Section 300 -330. No Specific Use Permits shall be issued for any land zoned AG and no new AG uses or businesses shall be allowed. 2. In each zoning district, all uses respective to that district shall be permitted by right or with the issuance of a Specific Use Permit, except for those listed below in Section 860.5.4 (A) 5. 3. Allowed Uses. Any by right use or those issued with a Specific Use Permit (SUP) shall be permitted within the Downtown Overlay, unless otherwise restricted in this section. All uses shall be defined by the most recent version of the NAICS (North American Industry Classification System) book. 4. Encouraged Uses: • Retail Uses • Cafes & Sidewalk cafes • Restaurants (preferred locally or Oklahoma -owned restaurants) • Pub /Bar & Grill /Wine Bar • Personal Services (salon, barber shop, florist, health store, etc.) • Mixed Use (ground floor retail with offices or residential above) • Office space • Coffee shop • Boutiques • Art gallery • Small theatre or music -venue • Book store • Antique store • Farmers Market • Arts & Crafts Studios • Yoga /Fitness Studio • Small corner store with basic goods • Bakery/Artisan Foods • Entertainment Venues 4 5. The following By -Right and Specific Use Permit uses shall be prohibited in the Downtown Overlay District: • Industrial Uses except in the IH and IM Zoning District • Any new agricultural uses or businesses • Agricultural implement sales • Aircraft sales • Animal and Poultry Raising • Appliance store and repair • Arena • Auctioneer • Auto Rental • Auto Sales • Auto wash • Bait Shop • Bindery • Boat and Recreational Vehicle sales • Bottled Gas Sales • Cabinet Maker • Camper Sales • Casino /Gaming Center Cemetery • Cesspool Cleaning • Chick hatchery • Concrete Construction Service • Construction equipment sales • Convenience Store • Disinfecting Services • Drag strip • Drive -in theatre • Exterminating services • Fairgrounds • Fence construction company • Fuel oil sales • Gas Service Station • Gas Station • Go -kart track • Golf Driving range • Halfway house • Janitorial service • Juvenile Delinquency Center • Kennel (as primary use) • Landfill • Lumber yard • Mini - storage warehouses (as a primary use) • Monument sales • Motor vehicle repair and tire shops • Motorcycle Sales • Oil Well Drilling and Cleaning Establishment • Outdoor Kennels (not a part of veterinary or grooming business) 5 • Outdoor Recreation including amusement parks • Outdoor storage of any kind as the principal use • Plastic material sales • Portable building sales • Portable storage • Power Plant • Pre - Release Center • Race tracks (animal or vehicle) • Sexually- oriented businesses • Shooting range (outdoor) • Taxidermist • Truck rentals • Truck stop • Vending sales and service • Woodworking shop • Wrecker Yards B. NON - CONFORMING USES Non - conforming properties and /or uses, which existed as of the date these regulations became effective, shall be allowed to continue in the same manner after the effective date of these regulations. However, such non - conforming properties and /or uses shall be subject to these regulations if feasible when: 1. A property owner requests any zoning change; 2. The principle use on the property is discontinued for a period of six (6) calendar months; 3. The property is destroyed or significantly altered (60% or greater); 4. Enlargements or improvements are made to the structures on the property that increase the gross square footage by 25% C. EXISTING USES SINGLE FAMILY RESIDENTIAL - The Downtown Overlay shall not affect existing single family residential uses. Said uses may continue to exist in perpetuity until such time as they are redeveloped or rezoned for another use. 2. PREVIOUSLY APPROVED PROJECTS OR DEVELOPMENT - Any project or development that has approved development plans or had plans submitted and under review prior to the effective date of this section shall not be required to comply with these regulations. Previous approvals remain valid unless the approval date lapses or changes are made to previous approvals. This shall refer to site plans, building plans, Planned Unit Developments or Specific Use Permits submitted prior to the effective date of this section. Said project shall still be required to comply with the zoning regulations in effect at that time. An approved plat shall not constitute approval of a project. The Administrator shall determine if a project meets these criteria. 860.5.5 LANDSCAPE REQUIRMENTS Development and or redevelopment shall comply with Chapter 20 of the Owasso Zoning Code whenever possible. Smaller and unique developments shall provide a landscape plan that shall be approved by the Administrator. 860.5.6 GENERAL REQUIREMENTS A. All development shall follow City of Owasso procedures and requirements described in Section 2, General Provision, except as noted in this Section. B. Architectural details and /or drawings shall be submitted to the Community Development Department at the time of site plan submittal. Architectural plans shall depict architectural details outlined in this Section and consist of: Preliminary renderings or drawings of building elevations plus typical cross sections to clearly define the character of the project and to ensure these provisions are met; and 2. Clearly described exterior building materials to indicate compliance with this Section. The Administrator shall review the proposed building materials for compliance. 860.5.7 BUILDING AND SITE DESIGN STANDARDS A. BUILDING ENTRANCE Primary building entrances shall be clearly defined, and shall be recessed or framed by a sheltering element such as an awning, arcade, overhang, or portico (in order to provide weather protection for pedestrians). Public entrances flush with the building wall with no cover are discouraged. Awnings are encouraged. Awning Standards • Awnings for a building fagade shall be of compatible color, look, shape and height. • Canvas or acrylic materials are encouraged. Aluminum, wood, or plastic awnings are prohibited. • The store name may be painted on the awning (subject to review and approval of the administrator). • Awning hardware shall not be visible. • Awnings shall provide vertical clearance of no less than 8 feet above sidewalks. • Awnings are not allowed to overhang over vehicular traffic ways. B. OFF STREET PARKING Off street parking areas are encouraged to be located to the side or rear of buildings or in the interior of a block whenever possible. Properties along Main Street shall be required to have the building located along the front property line. Loading areas shall be located behind the main building and screened in accordance with Chapter 20. All parking lots, drives, aisles and other elements shall comply with Chapter 9 of the Owasso Zoning Code. A w E C N r t - C. BUILDING SETBACK It is the intent of this chapter to enhance and preserve the character of the overlay by promoting parking area placement to the rear of lots or along the sides of buildings and bring visually pleasing building architecture to the street, therefore building setbacks along public street frontage may be eliminated with a zero (0) foot setback when possible. Provisions for public sidewalks shall always be made. Public spaces for dining and display are encouraged between the building frontages and the public sidewalk, as long as a six (6) foot clear path of travel is maintained at all times. Side setbacks shall not be required, so long as buildings meet all building codes and fire rating standards. D. OUTDOOR SPACE Outdoor seating areas, fountains, plazas, courtyards and other elements are encouraged to create a unique, interesting and walkable downtown area. E. SIDEWALKS All buildings, parking areas, public spaces, amenity features, and adjoining developments of similar use, shall be linked with sidewalks. Sidewalks shall be provided along public streets that provide access to the development. Sidewalks shall be constructed in accordance with the standards for sidewalks as set forth in City of Owasso Engineering Standards. 0 r�• f i { lFl { r rJ t j It is the intent of this chapter to enhance and preserve the character of the overlay by promoting parking area placement to the rear of lots or along the sides of buildings and bring visually pleasing building architecture to the street, therefore building setbacks along public street frontage may be eliminated with a zero (0) foot setback when possible. Provisions for public sidewalks shall always be made. Public spaces for dining and display are encouraged between the building frontages and the public sidewalk, as long as a six (6) foot clear path of travel is maintained at all times. Side setbacks shall not be required, so long as buildings meet all building codes and fire rating standards. D. OUTDOOR SPACE Outdoor seating areas, fountains, plazas, courtyards and other elements are encouraged to create a unique, interesting and walkable downtown area. E. SIDEWALKS All buildings, parking areas, public spaces, amenity features, and adjoining developments of similar use, shall be linked with sidewalks. Sidewalks shall be provided along public streets that provide access to the development. Sidewalks shall be constructed in accordance with the standards for sidewalks as set forth in City of Owasso Engineering Standards. 0 F. EXTERIOR MATERIALS Exterior building materials shall include brick, glass, split -faced concrete block, stone, stucco, synthetic stucco, or cement -board or wood siding. Metal may be used only as accent material, and cumulatively may not exceed ten (10) percent of the area of any individual exterior wall along any public street. Pre - fabricated or engineered metal buildings are not allowed, though metal can be used as a construction material if covered with one of the allowed materials. These provisions shall not apply to roofs. G. ROOF PITCH Flat roofs and roofs with a pitch of less than 3:12 require a parapet wall. Roofs and screening shall comply with the regulations set forth in Chapter 20 of the Owasso Zoning Code. Eaves a minimum of one (1) foot from the building face shall profile a pitched roof. Roofing for pitched roofs greater than 6:12 shall be wood, tile, slate, architectural asphalt shingles, or low- reflectivity metal (flat or matte finish). No roof shall cause water to drain or flow directly onto any public way or sidewalk. Rainwater shall be collected and piped into storm drain systems or cisterns. Bio- swales, rain gardens or other LID technics are highly encouraged. H. ELECTRICAL AND SERVICES EQUIPMENT HVAC and similar types of incidental machinery or equipment shall be screened from view in accordance with Chapter 20. Utility meters, aboveground tanks, satellite dishes and antennas shall also be screened from view. Wall- mounted mechanical equipment that extends six inches (6 ") or less from the outer building wall shall be designed to blend in with the color and architectural design of the subject building. Unless a waiver is authorized by the City Council, all electrical and telephone lines and wires including, but not limited to, street lighting, shall be placed underground. Feeder and other major transmission lines may remain overhead. All utility installation shall conform to the City's adopted Technical Standards and Specifications. All utility service lines shall be located underground when feasible. This shall not apply to existing uses or single - family homes. I. WALL ARTICULATION Facades shall have a recognizable "base" consisting of (but not limited to): walls, ledges, sills, integrally textured materials (such as stone or other masonry), integrally colored and patterned materials, or planters. Facades shall also have a recognizable "top" consisting of (but not limited to): cornice treatments with integrally textured materials (other than colored "stripes" or "bands "), sloping roofs (with overhangs and brackets), or stepped parapets. All sides of a building and any accessory structure shall utilize materials and design characteristics consistent with those of the front facade. In order to prevent large flat expanses of featureless exterior walls, structures having single walls exceeding twenty -five feet (25') in length shall incorporate one or more of the following features at least every twenty -five feet (25') in length: 01 I . Changes in color, graphical patterning, changes in texture, or changes in material 2. Projections, recesses, and reveals, expressing structural bays or other aspects of the architecture with a minimum change of plane of twelve inches (12 ") 3. Windows and fenestration 4. Gable projections 5. Horizontal vertical breaks 6. Other similar techniques M. SIGNAGE Signs shall be permitted in accordance with Chapter 18 of the Owasso Zoning Code, with the following exceptions: 1. Pole signs in this district are not allowed. 2. Signs are encouraged to be attached to buildings and located on the face of buildings. All signs not attached to buildings should be of monument form and constructed of materials that complement the main building(s). 3. All signs not attached to buildings shall be set in a landscaped bed. 4. Maximum height for signage not attached to a building shall be six (6) feet. 5. Full video message boards and signs are prohibited within the Downtown Overlay District. 6. Larger and multi- tenant developments shall be allowed to use the Unified Sign Permit process and are encouraged to do so. 7. Signage overhanging the public sidewalk shall be allowed where building faces are adjacent to property lines. Signs shall be at least eight (8) feet above the sidewalk and shall require a sign permit. (See figure below). 8. All signs not attached to buildings should be of monument form and constructed of materials that complement the main building(s). 10 N. BUILDING ORIENTATION All primary buildings on lots or tracts with frontage on streets within the District, especially Main Street and E 761h St N. are encouraged to be oriented towards the street. If any such building is on a lot or tract with a second frontage, it shall have equally detailed and prominent facades, constructed of equally high quality materials, facing both the primary street and the secondary street. All buildings are encouraged to be oriented towards the front of the lot, with parking lots towards the rear or alongside buildings. O. COMMERICIAL DRIVE THROUGH LANES Drive -thru facilities are discouraged in the district. If drive -thru facilities are constructed as a part of the principal use, they shall be architecturally integrated with the main building. SCREEENING OF REFUSE COLLECTION AND LOADING AREAS Refuse collection areas shall be screened in accordance with Chapter 20. In order to reduce the visual and acoustic impacts of these functions on adjacent properties and public streets, non - enclosed service, storage, and off - street loading areas shall be screened with opaque sight- obscuring walls and /or fences of between six feet (6') and eight feet (8') in height made of durable materials. Screening materials shall be the same as, or of equal quality to, the materials used for the primary building and landscaping. Q. MIXED USE DEVELOPMENTS Buildings in the District are encouraged to contain ground floor retail or restaurant spaces. Multi -story buildings are encouraged, with a mix of uses (office, retail /commercial, residential). 11 Residential uses above commercial spaces are encouraged and shall be allowed by -right in this district, subject to meeting adopted fire and building code requirements. R. SIDEWALK UTILIZATION Sidewalk cafes and room for sidewalk retail sales outside of businesses is encouraged. A minimum of six (6) feet of public travel path shall be maintained at all times and sidewalk business shall not impede this travel area at any time. Businesses shall be required to carry insurance for sidewalk space that holds the City of Owasso harmless and submit site plans for outside activity for approval by the City. S. PARKING 1. Parking shall be designed in accordance with the Zoning Code. 2. The Administrator may waive or alter parking requirements on unique lots on a case -by- case basis. 3. Multi- family developments shall provide at least one parking space per unit and are encouraged to meet current parking standards. The Community Development Administrator shall determine parking requirements. 4. Public parking is encouraged with any new developments and can be counted towards parking requirements (except residential parking minimums). Developers shall work with the City to review and design public parking arrangements. 5. If on street parking is present or permitted on adjacent streets, said parking spaces may be considered to meet or augment parking requirements. An inventory of such spaces shall be made and reviewed against the parking needs of other businesses in the vicinity. MULTI - FAMILY DEVELOPMENT Individual multi - family developments in excess of six (6) units shall proceed through the rezoning and PUD process in accordance with the Zoning Code. For multi - family developments of six (6) units or less, the project shall only be required to rezone to the appropriate multi - family district (unless already zoned commercial) and proceed through administrative site plan review. All additional standards shall be met. RESIDENTIAL DEVELOPMENT Residential redevelopment is encouraged, with mixed -use, multi - family, townhome, triplex and duplex development. 1 and 2- family residential development shall be allowed on any residentially -zoned lot. Development of up to 6 dwelling units shall be allowed by -right on any commercially zoned lot. V. STORMWATER DETENTION Detention shall only be required on new development that increases the impervious area. All detention requirements shall be determined by the Owasso Public Works Department. These requirements shall not be applicable to residential dwellings up to 6- units. 12 W. FLOOR AREA RATIO (FAR) There shall be no Floor Area Ratio (FAR) requirements in the district. X. AMENITIES 1. Smaller multi - family developments shall not be required to meet the amenity requirements established in the PUD Chapter of the Zoning Code. Amenities should be placed internally when possible in larger multi - family developments (workout room, rec room, pool area, etc.), unless said amenities are made available to the public. 2. Commercial developments are encouraged to provide public amenities whenever possible (benches, fountains, play areas, plaza areas, etc.) EXCESS RIGHT -OF -WAY (ROW) When development occurs along public rights -of -way that have excess ROW (ex. Non - arterials with 70' ROW width), closing of the public ROW shall be encouraged where possible. An alternative is to provide public parking stalls in these areas. Closing of right -of- way shall be subject to approval of the Owasso Public Works Department Z. ADMINISTRATIVE REVIEW Unless cited within this chapter or another section of the Owasso Zoning Code, review of these guidelines shall be performed at the Administrative level. The Administrator and /or his designee may approve variations to the regulations set forth in this chapter or alternate treatments, so long as the intent of the ordinance is met. SECTION TWO (2): BOUNDARY The described boundary is contained within the South Half of Section 30, Township 21 N, Range 14 E and the North Half of Section 31, Township 21 N, Range 14 E of the City of Owasso, Tulsa County, Oklahoma. Beginning at the northwest corner of Lot 11, Block 8 of Greenlees , a subdivision in the City of Owasso, Tulsa County , Oklahoma, thence east along the north boundary line of said subdivision a distance of 807.44 feet to the northeast corner of Lot 16, Block 7 of said Greenlees subdivision, thence north along the west boundary line of Original Town, a subdivision in the City of Owasso, Tulsa County , Oklahoma, a distance of 10.00 feet to the northwest corner of Lot 3, Block 5 of said Original Town subdivision, thence east a distance of 282.30 feet to the east Right of Way line of North Atlanta Street, thence north along the east Right of Way line of North Atlanta Street a distance of 289.00 feet to the northwest corner of Lot 2, Block 3 of said Original Town subdivision, thence east along the north boundary line of said Original Town subdivision a distance of 1,038.20 feet to the northeast corner of Lot 1, Block 1, of said Original Town subdivision, thence south along the west boundary line of Wilawood, a subdivision in the City of Owasso, Tulsa County , Oklahoma a distance of 453.85 feet to the southwest corner of Lot 13, Block 6 of said Wilawood subdivision, thence east along the south boundary line of said Wilawood subdivision a distance of 1190.20 feet to the southeast corner of Lot 15, Block 5, of said Wilawood subdivision, also a point on west boundary line of Oklahoma Department of Transportation State Highway Right of Way for U.S. 169 Highway, thence south along west 13 boundary line of said State Highway Right of Way a distance of 210 feet to the northeast corner of Lot 1, Block 1, of Forrest Drive Industrial Park, a subdivision in the City of Owasso, Tulsa County , Oklahoma, thence south along the west boundary line of said State Highway Right of Way, a distance of 75.50 feet to a point, thence southwesterly along said west boundary line of the State Highway Right of Way a distance of 367.26 feet to a point, thence southwesterly along said west boundary line of the State Highway Right of Way a distance of 237.56 feet to a point being the southeast corner of Lot 6, Block 1 of said Forrest Drive Industrial Park, thence west along said west boundary line of the State Highway Right of Way a distance of 47.58 feet to a point, thence south along said west boundary line of the State Highway Right of Way a distance of 161.40 feet to a point, thence southwesterly along said west boundary line of the State Highway Right of Way a distance of 235.40 feet to a point, thence southwesterly along said west boundary line of the State Highway Right of Way a distance of 159.10 feet to a point, thence west along said west boundary line of the State Highway Right of Way a distance of 208.30 feet to a point, thence south along said west boundary line of the State Highway Right of Way a distance of 113.20 feet to a point, thence south a distance of 147.13 feet to a point on the said west boundary line of the State Highway Right of Way, also being a the northeast corner of Lot 1, Block 2 of Owasso Business Park, a subdivision in the City of Owasso, Tulsa County , Oklahoma, thence south along said west boundary line of the State Highway Right of Way a distance of 125.00 feet to a point, thence east along said west boundary line of the State Highway Right of Way a distance of 200.00 feet to a point being the northeast corner of Lot 1, Block 2 of said Owasso Business Park subdivision, thence southeasterly along said west boundary line of the State Highway Right of Way a distance of 191.00 feet to a point being the northeast corner of Lot 1, Block 3, of said Owasso Business Park subdivision, thence southeasterly along said west boundary line of the State Highway Right of Way a distance of 455.73 feet to a point being the southeast corner of Lot 2, Block 3, of said Owasso Business Park subdivision, thence west along the south boundary line of said Owasso Business Park subdivision, a distance of 1003.08 feet to the southwest corner of said Owasso Business Park subdivision, thence west a distance of 60.00 feet to a point on the east boundary line of said Original Town subdivision, thence south along the east boundary line of said Original Town subdivision a distance of 246.90 feet to the southeast corner of said Original Town subdivision, thence south along the east boundary line of Ivadel, a subdivision in the City of Owasso, Tulsa County , Oklahoma, a distance of 330.00 feet to the southeast corner of said Ivadel subdivision, thence west along the south boundary line of said Ivadel subdivision, a distance of 660.00 feet to the southwest corner of Lot 5, Block 1 of said Ivadel subdivision, thence north along the west boundary line of said Ivadel subdivision a distance of 330.00 feet to the northwest corner of Lot 1, Block 1 of said Ivadel subdivision, also a point on the south boundary line of said Original Town subdivision, thence west along the south boundary line of said Original Town subdivision a distance of 457.30 feet to the southwest corner of Lot 4, Block 34, of said Original Town subdivision, also the east boundary line of the Southern Kansas Oklahoma Railroad Right of Way, thence northwesterly along the east boundary line said Railroad Right of Way, a distance of 920.13 feet to a point, thence north along east boundary line of the said Railroad Right of Way a distance of 54.17 feet to a point of intersection of the east boundary line of the Southern Kansas Oklahoma Railroad Right of Way and south Right of Way line of West 2nd Avenue, a Street in the City of Owasso, Tulsa County, Oklahoma, thence north westerly along the east boundary line of said Railroad Right of Way a distance of 76.17 feet to a point of intersection of the east boundary line of the Southern Kansas Oklahoma Railroad Right of Way and north Right of Way line of said West 2nd Avenue, thence northwesterly along said east boundary line of the Railroad Right of Way a distance of 440.79 feet to a point, thence north a distance of 307.79 feet to the point of intersection of the said east boundary line of the Southern Kansas Oklahoma Railroad Right of Way and the south Right of Way line of said West Broadway Street, a Street in the City of Owasso, Tulsa County, Oklahoma, also the northwest corner of Lot 1, Block 12, of the Greenlees subdivision, thence northwesterly along the 14 east boundary line of said Railroad Right of Way a distance of 1,213.86 feet to northwest corner of Lot 11, Block 8 of the Greenlees subdivision, the Point of Beginning. Containing approximately 6,500,449 square feet or 149 acres. SECTION THREE (3): REPEALER All ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed to the extent of the conflict only. SECTION FOUR (4): SEVERABILITY If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the remaining portion shall not be affected but shall remain in full force and effect. SECTION FIVE (5): DECLARING AN EFFECTIVE DATE The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION SIX (6): CODIFICATION The City of Owasso Zoning Code as codified in the Owasso Code of Ordinances, Part 12, Planning, Zoning and Development, Chapter 2, Zoning Regulations, sub - chapter 8, Planned Unit Developments and Overlay Districts, Section 860, Overlay Districts is hereby amended and codified by adding sub - section 860.5, Downtown Overlay District, containing sub - sections 860.5.1, General Description; 860.5.2, Purpose; 860.5.3, Downtown Overlay District Designated; 860.5.4, Permitted Uses; 860.5.5, Landscape Requirements; 860.5.6, General Requirements; and 860.5.7 Building and Site Design Standards. ATTEST: Sherry Bishop, City Clerk (SEAL) APPROVED AS TO FORM: Julie Lombardi, City Attorney PASSED AND APPROVED this 7th day of April, 2015. 15 Jeri Moberly, Mayor OTh.Cityvvit.ut Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl A. Fritschen Chief Urban and Long Range Planner SUBJECT: Community Development Block Grant (CDBG 15 /16) Resolution 2015 -05 DATE: April 3, 2015 BACKGROUND: As a member of the Tulsa Urban County Community Development Block Grant (CDBG) program, the City of Owasso is eligible to apply for CDBG funds for 2015/16. The application is made through Indian Nation Council of Governments ( INCOG), the local agency responsible for approval of projects and distribution of funds. The primary national objective of the CDBG Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following national objectives: ➢ Provide benefit to low and moderate income persons ➢ Aid in the prevention or elimination of slums or blight > Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community On February 17, 2015, INCOG provided staff with information regarding the 2015 -16 CDBG application cycle. INCOG indicated they need a completed application, which includes a public hearing, resolution and cooperation agreement no later than April 16, 2015. There have also been some significant changes to the CDBG program and in particular with Owasso's qualifying area. CHANGES TO THE QUALIFIED AREA: In 2014, the census tracts in Owasso and across the country were re- evaluated based on new income limit information provided by the Department of Housing and Urban Development (HUD), who administers the CDBG funding program. As a result of these changes, the City of Owasso lost a significant amount of area that formerly qualified under the old income limits. What this means is that the city can only spend its CDBG allocation in these newly mapped areas (see attached map), unless targeted areas are identified through individual income surveys. To qualify for CDBG funding under the national objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living conditions in a definable geographic target area where at least 51% of the occupied households are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by HUD. HUD defines this as a family of three having a total household income of $42,650 or less or a family of four having a household income of $47,650. The old limits were $43,500 and $48,300 respectively. A door to door survey was conducted about 3 years ago to qualify the area north of City Hall and adjacent to Rayola Park. At that time, based on the old income limits, these areas qualified. Staff inquired to INCOG about continuing to utilize this survey information, and was told that we could. However, upon reviewing the survey data, it was determined that these areas no longer qualified under the new income limits. As a result, CDBG funds can no longer be spent in these areas unless a new survey is conducted. Due to limited time available for this year's funding cycle and application deadline, performing a survey and compiling the data is not possible. INCOG has informed staff that Owasso will receive around $106,905 for the 2015/16 CDBG allocation. However, this number may increase slightly, as INCOG is disputing some demographic information from HUD. PAST CDBG PROJECTS: In the past, Owasso has utilized CDBG monies for making sidewalk, sanitary sewer, and park improvements. In 2011/12, the project selected was a major upgrade to the skate park, a project that has provided recreational opportunities for Owasso's youth. For 2012/13, the project selected was repair and rehabilitation to sidewalks, curbs, and gutter in the qualifying area. The 2013/14 funds were used to upgrade playground equipment at Rayola Park. In 2014/15, the funds are being used to build a wide sidewalk connecting Rayola Park with N 81h Street and then sidewalk repairs along N. Elm Street. A map has been attached with this memo indicating past CDBG projects within the former qualifying area geography. RECOMMENDED PROJECT: Staff has developed a recommended project for the utilization of the 2015/16 CDBG funds. The qualifying area has been reduced significantly leaving only areas near Baptist Retirement Village, Keys Landing, and the Police Gun Range available. Therefore, the selected project for 2015/16 funding cycle is a sidewalk improvement in the Baptist Retirement Village development, specifically along N 127 +h E Avenue. This project will provide a sidewalk along the east side of N 1271h E Avenue connecting the new children's home with points to the south. Staff believes that installation of the new sidewalks will provide quality of life improvements and provide more equitable access to citizens in the qualifying area. Staff would utilize City of Owasso engineers for the design of the project, providing a major cost savings. A map has been provided with this memo indicating the general location of the proposed improvements PUBLIC HEARING: When a CDBG project is in the application phase, a public hearing is required allowing citizens to comment concerning the recommended project or suggest another project they feel should be considered. A public hearing is being held at the April 7, 2015 City Council Meeting in conjunction with the project selection and execution of the CDBG application. RECOMMENDED ACTION: Staff recommends approval of Resolution 2015 -05, requesting assistance from the Tulsa County CDBG Urban County Program and approval of the application identifying a sidewalk facility along N. 1271h E. Ave. as the preferred project for the 2015/16 funding cycle and authorizes the Mayor to execute the necessary documents. ATTACHMENTS: CDBG Application with Resolution 2015 -05 Map -- CDBG Qualifying Areas (Low -Mod Block Groups Updated 2014) Map -- Former CDBG Qualifying Areas and Past Projects Map - Map showing Proposed CDBG Project FY2015 METRO CITY APPLICATION GUIDANCE Due date for this Application is March 20, 2015 The CDBG program is authorized under Title I of the Housing and Community Development Act of 1974, as amended. The purpose of this Application Guidance is to provide assistance in preparing a Community Development Block Grant- Metro City application for the FY2015 Tulsa County CDBG Urban County Program. Eligible Entities Cities included in the Tulsa County CDBG Urban County Metro City designation, the funding allocation to the city, and the percentage of low and moderate income population for each is listed below: Proposed Percentage Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierrena incog.org National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 1 of 6 Allocation Low /Mod Amount Population Broken Arrow (infrast.) $369,450 24.60 Bixby $71,978 18.38 Jenks $44,009 18.81 Owasso $120,133 23.27 Sand Springs $70,035 28.97 Sapulpa $128,493 43.73 Applications should be submitted to: INCOG Claudia Brierre 2 West 2nd Street, Suite 800 Tulsa, OK 74103 cbrierrena incog.org National Objective The primary National Objective of the Community Development Block Grant (CDBG) Program is the "development of viable urban communities by providing decent housing and a suitable living environment, particularly for persons of low and moderate incomes." All project proposals submitted for funding through the CDBG Program must document the achievement of at least one of the following National objectives: Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 1 of 6 • Provide benefit to low and moderate income persons. • Aid in the prevention or elimination of slums or blight. • Meet other community development needs having particular urgency, posing a serious or immediate threat to the health or welfare of a community. Most CDBG applicants qualify their project activities under the National Objective of benefit to low and moderate income persons. Applicants are cautioned that qualifying a project under slum or blight or urgent need is a difficult process that has very limited application and can only be used under special conditions and circumstances. Therefore, you are urged to qualify your proposal under benefit to low and moderate income persons. Applicants who qualify a proposal using slum and blight or urgent need must receive guidance and approval from INCOG. To qualify for CDBG funding under the National Objective of benefit to low and moderate income persons, the proposed project activities must show a positive or general improvement of living condition in a definable geographic target area where at least 51 % of the occupied households /homes are of low and moderate income families. Low and moderate income families have an income equal to or less than the current Section 8 low income limits established by the United States Department of Housing and Urban Development (HUD). Each activity proposed for funding with Community Development Block Grant(CDBG) dollars claiming the National Objective of benefit to low and moderate income persons, must provide data indicating the percentage of low and moderate income beneficiaries. Application Criteria 1. No matching funds are required. 2. No administration expenses will be funded with CDBG funds 3. Engineering is a permissible use of CDBG funds 4. Income surveys of the project target area must be conducted. The use of Census Tract or Block Group data to document the percentage of low and moderate income beneficiaries for any CDBG funded activity should receive prior INCOG review and approval. 5. Applicants must hold an application phase Public Hearing informing citizens of the proposed project and submit documentation of the Public Hearing with this application. Notice must be given at least 7 days prior to the public hearing by publication in jurisdiction newspapers; or by posting at city halls. Acceptable documentation consists of the affidavit of publication or a copy of the newspaper article announcing the public hearing, or copy of certified posted notice. Tulsa County has prepared a Citizen Participation Plan on behalf of the Urban County communities; therefore, the individual community does not need to prepare a full Citizen Participation plan. Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 2 of 6 6. Specific projects identified in the application must have cost estimates derived from professional sources. Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For other types of projects, professional cost estimates may be derived from architects, engineers, vendors, construction companies, or appropriate personnel qualified to make such estimates. Use of Funds The CDBG Program funds a broad array of projects and activities including but not limited to the following: • Water and wastewater system improvements • Solid waste • Fire protection • Streets • Neighborhood Parks • Housing activities including construction, emergency repair, rehabilitation • Acquisition of real property for eligible public purposes • Clearance, demolition and removal of buildings and improvements • Senior citizen centers • Gas and electrical system improvements • Removal of architectural barriers associated with handicapped areas • Storm water drainage improvements • Economic Development • Social services- (City of Broken Arrow only) Guidance regarding eligibility requirements can be found in 24CFR 570.201 of the Federal Housing and Community Development Act of 1974, as amended. Proposal Guidance Applicants are encouraged to contact the staff persons listed below with questions regarding program requirements, project conceptualization, or any portion of the Application Packet and /or Guidelines. Claudia Brierre 579 -9431 Barbara Albritton 579 -9420 Steve Boettcher 579 -9453 Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 3 of 6 p.+,/. ,■i""x',*`� -e�%�' � -,^<'r ..s�s�ro'- ... k"'ri'.r`.. c �s'v -s :car sxl -s ,:- Secttoit Two xq j r � - „ �, °y's�,w"��,"Y.�"say"us'�s',',�. Required Application Documents 1. Application Summary This form contains information about the specific project and includes a certification from the local government attesting to the accuracy and completeness of the application. The certification form must be completed and signed by the chief elected official of the local government. 2. Line Item Budget (Application Form Attachment A) The description of project activities along with a budget (form provided as Attachment A) should be as specific as possible as they will form the basis of your contract. This Budget should match Professional Cost Estimates submitted with the application. 3. Direct Project Beneficiary Income Survey (Survey Summary Form Attachment B) Income surveys for each proposed CDBG funded activity are a requirement unless using census tract or block group data. Determination of project beneficiaries: City -wide- An activity which will serve the entire city (such as wastewater treatment), provided that the city has a low and moderate income percentage at or above 51 %. If the LMI percentage is below 51 %, an income survey with a 75% response rate must be provided. Area benefit- An activity which benefits all the residents in a particular area where at least 51 percent of the residents are low and moderate income persons. Examples would include resurfacing of a collector street or construction of a fire department substation. Direct benefit- An activity which requires information on household size and income so that it is evident that at least 51 percent of the clientele are persons whose household income does not exceed the low and moderate income limit; or an activity which has income eligibility requirements which limit the activity exclusively to low and moderate income persons. Presumed benefit- Benefit a clientele that is generally presumed to be principally low and moderate income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit 51 percent low- and moderate - income persons: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of "severely disabled," homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 4 of 6 Guidelines to identify specific beneficiaries for various activities: • Water or Wastewater Line Replacement or Rehabilitation. Those households directly tapped to or receiving improved service from the lines. Generally, beneficiaries are considered those persons residing in houses who receive their water through new, replaced or upgraded lines, or houses that discharge sewage into or through an improved collection line or main en route to the treatment plant. • New Wastewater or Water Extensions to Previously Un -served Areas. The households /homes that will actually be connected to the wastewater or water line extensions. Service to newly- constructed subdivisions will not be funded due to environmental review requirements. • Flood and Drainage Improvements. Households /homes within the recognized drainage basin. • Fire Protection. Households /homes (buildings,, vehicles and equipment) residing within the response area of the fire station; or using actual residential calls made by a fire station over the prior 12 month period, conduct a survey of those residences obtaining no less than 75% response rate. • Senior Citizen Centers and Community Centers. Households /homes within the designated service area of the proposed center. If there is only one center in the community, the service area can be considered to be the entire community. If there is more than one center, then the Applicant must delineate the service area of each center. Senior Citizen Centers are presumed to benefit low and moderate income persons. • Demolition /Clearance /Removal of Junk and Debris and/or Abandoned Inoperative Vehicles. Households /homes within the geographic area designated to receive the focus of the demolition, clearance and /or removal activities. Typically, the properties located within the geographic area designated to receive the demolition /removal activities are considered to be beneficiaries. Provision of Accessibility for the Handicapped to Public Buildings. The households /homes within the geographic area that receive services from the assisted public building(s). Providing handicapped access to a city hall would provide benefit to the households /homes in the entire city. Proposed handicapped access activities in connection with limited clientele facilities are presumed to benefit low and moderate income persons. • Street Improvements /Sidewalk Improvements. The households /homes that have at least one property line abutting the improvement. Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 5 of 6 4. Identification of Other Project Funding Sources (Application Form Attachment C) Match and leverage are not required for the grant, but should be identified if applicable to the project. 6. Certified Engineering Reports and Professional Cost Estimates (Application Form Attachment D) Water and wastewater projects that require Oklahoma Department of Environmental Quality construction permitting must have certified cost estimates from a professional engineer licensed to work in Oklahoma. For projects not requiring DEQ permits, professional cost estimates must be derived from architects, engineers, vendors, construction companies, or appropriate personnel to make such estimates, and submitted with the application. 6. Applicant Resolution (Application Form Attachment E) Applications must include a Resolution passed by the governing body requesting CDBG assistance from the Tulsa County Urban County program. A sample Resolution is provided as Attachment E of the application. Guidance Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 6 of 6 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) Required Documents (Metro Cities and Competitive Category) ✓ W -9 Form ✓ Documentation of Current Registration in SAM ✓ Public Hearing Documentation: Affidavit of publication or certified posted notice. ✓ Application Summary Page which includes • Project Title • Detailed Project Description • Map with target area and Census Tract/BG clearly marked • Number of population served • Census Tract(s) and Block Groups(s) identified ✓ Application Certification ✓ Attachment A: Line Item Budget ✓ Attachment B: Income Survey Summary Form • Completed form if Income Survey • LM Percentage ( %) if using CT /BG data ✓ Attachment C: Other Project Funding Sources ✓ Attachment D: Certified Professional Cost Estimates /Engineering Report ✓ Attachment E: Resolution Additional Documents Required of Competitive Category Applications ✓ ORANGE Competitive Bid Envelope from Tulsa County ✓ Affidavit for Filing with Competitive Bid form ✓ Health and Safety /Impact Documentation • Legal Enforceable order • Demonstrated Health and Safety Benefits documentation • Capital Improvements Plan or Long -Range Plan citation ✓ Project Timeline Application Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 1 of 2 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 1. Name of Unit of Local Government City of Owasso Mailing Address PO Box 180 Physical Address 111 N. Main Owasso, OK Zip Code +4 74055 -0180 Phone Number 918.376.1515 Fax # 918.376.1597 FEW 73- 6069613 DUNS 736069613 Chief Elected Official Mayor Jeri Moberly Clerk Ms. Sherry Bishop 2. Name of Staff Contact Karl Fritschen, AICP Phone Number 918.376.1545 E -mail kfritschen2cityofowasso.com 3. Project Title, Detailed Description of Project (Attach additional detail as needed. Provide Map) Improvements to sidewalks along 4. Number of population served x Census Tract/Block Group # ❑ Household Income Survey 5 Project Budget Summary: CDBG Funds Other Sources Total Application Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 2 of 2 street in the Baptist Retire Vilalge Development 895 58.05 BG 3 $ $106,905 $ 106,905 TULSA COUNTY URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) I APPLICATION CERTIFICATION The Applicant hereby certifies that all of the information contained in this application for community development assistance through the Tulsa County CDBG Urban County Program is true and accurate to the best of my knowledge and that all documentation supporting the information in this application is on file in the official offices of this unit of local government, available for review by Tulsa County /HUD during normal business hours. The Applicant also affirms that none of the activities set forth in this application have been initiated, nor shall they be initiated unless a grant has been awarded, a contract fully executed, and notice has been issued by Tulsa County that release of funds requirements have been met. Jeri Moberly. Mayor (Type) Name and Title of Chief Elected Official EA Signature of Chief Elected Official [S L] State of Oklahoma County of Attest: Subscribed and sworn to before me , 20_ Clerk Application Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Page 3 of 2 Date COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2015 TULSA COUNTY URBAN COUNTY BUDGET Name of Applicant: Itemized Description of Funding Source Funding Source Construction Activity CDBG Grant City $106,905.00 Total Construction Activity $106,905 Professional & Non Construction Engineering /Architect Funds Inspection Funds Other: Survey Other: Publishing Total Professional & Non Const. $ - $ - Administrative Costs Public Administrative Funds $ - - - - - -- Direct Administrative Funds $ - - - - - -- Total Administrative Costs $0.00 Total Project Costs $106,905.00 Funding Source Other ATTACHMENT A Total Project Expenditures $106,905.00 2015 Tulsa County CDBG Urban County If additional is space needed, attach additional sheet(s) Budget COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY DIRECT PROJECT BENEFICIARY INCOME SURVEY SUMMARY FORM Activity Name: ATTACHMENT B CnMPI FTF THIS SFr.TInN RY PI ACINr; THE TOTAI NI IMRFR OF Hnl ISFHOI DS nRTAINFn FROM THE HOUSEHOLD SURVEY IN EACH APPROPRIATE COLUMN Insert County Income Levels $33,150 $37,900 $42,650 $47,350 $51,150 $54,950 $58,750 $62,550 Number of People in Each Household 1 2 3 4 5 6 7 8 Below or Above the County Income Levels Below Above Below Above Below Above Below Above Below Above Below Above Below Above Below Above Total Number Of Households o D Total Number of OccupiedHouseholds /Homes in Activity Target Area = Total Number of Persons in Activity Target Area = Total Number of Occupied Households /Homes Surveyed in Activity Target Area = Total Number of Persons Accounted for by the Survey in the Activity Target Area = Total Number of Households Below the Low and Moderate Income Level in the Activity Target Area = Percentage of Total Households Below the Low and Moderate Income Level in the Activity Target Area = % I hereby certify that the above information was obtained from the occupants of the addresses listed and the information is accurate: City-wide Low and Moderate Income Level (For use only when projects are of City-wide benefit.) Signature of Chief Executive Official [Seal] Subscribed and sworn to before me Commission Community Development Block Grant (CDBG) 2015 Tulsa County Urban County Beneficiary Income Survey Summary – Attachment B Date 20 — My commission expires Clerk /Notary Signature HUD Census Data for Low and Moderate Income Level for Block Groups, Enumeration Districts or Census Tracts as Provided by HUD (For use only when a project's target area boundaries are identical to BG, ED or Tracts) % Attachment C COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) TULSA COUNTY URBAN COUNTY INDENTIFICATION OF OTHER PROJECT FUNDING SOURCES Federal /State participation, if any (loans, grants, etc.) provide commitment letters. Agency Purpose Amount Present Status Comment Other sources and amount of project financing including applicant's local contribution, if any. Agency Purpose Amount Present Status Comment F11 Chief Elected Signature Other Funding Sources — Attachment C Community Development Block Grant 2015 Tulsa County Urban County Page 1 of I Date ATTACHMENT D COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2015 TULSA COUNTY URBAN COUNTY Attach Certified Professional Cost Estimates /Engineering Report (where applicable) The estimated cost for the project has been prepared by the Engineering Division of the Owasso Public Works Department. At this time the project is estimated to cost $102,672.53 with the alternate. ATTACHMENT E CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -9S COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) 2015 TULSA COUNTY URBAN COUNTY WHEREAS, the Housing and Community Development Act of 1974, as amended (24 U.S.C. 93- 383 et seq.), (the "Act'), provides that Community Development Block Grant, ( "CDBG'), funds may be used for the support of activities that provide decent housing and suitable living environments and expanded economic opportunities principally for persons of low- and moderate - income; and, WHEREAS, CDBG Regulations 24 CFR 570.307(a) allow counties having a total combined population of 200,000 or more from the unincorporated areas and participating incorporated areas to qualify as an urban county; and, WHEREAS, Title I of the Housing and Community Development Act of 1974, Public Law 93 -383, as amended, authorized the Secretary of Housing and Urban Development, as a representative of the United States of America, to grant to Tulsa County funds and administrative responsibility for the Tulsa County CDBG Urban County program; and WHEREAS, a Cooperation Agreement between Tulsa County and the City has been executed for the purpose of participation in the Tulsa County Urban County Community Development Block Grant Program for Federal Fiscal Years 2014 -2016; and, NOW THEREFORE, BE IT RESOLVED by the City Council that the City of Owasso desires to obtain assistance in addressing community development needs and hereby requests the Tulsa County CDBG Urban County program to provide assistance. NOW THEREFORE, BE IT FURTHER RESOLVED by the City Council that the City of Owasso affirms its commitment to take all action within its power to facilitate the receipt of the assistance of community development funds, and upon receipt to administer said grant by the rules and regulations established by the United States of America, the State of Oklahoma, Tulsa County and all empowered agencies thereof. ADOPTED this day of , 2015, at a (regularly or specially) scheduled meeting of the governing body, in compliance with the Open Meeting Act, 25 O.S. §§ 301 -314 (2001). Ms. Jeri Moberly Mayor (Type) Name and Title of Chief Elected Official Signature of Chief Elected Official (S E A L) Attest: Subscribed and sworn to before me 20_ Clerk Signature Low -Mod Block Groups Updated 2014�z �. /. 1 508.01 1 54.01 54.02 J li.. ; and Owasso Corporate Limits n 2 will"imi 503.04 9 E 106th St N r� 2 504.05: a z o: c 1 rf _ 1 . r 1 7 - venrk 5808 - _ 1 / r a' dark i N N L7w. — s This map is provided as a public resource for g" eral information only. Although every effort has been made to produ the most cuminh correct and clearly expressed data possible, all geogra hic information has limitations due to scale, resolution, date and int relation of the anginal source materials. The information on this map is collso ad from vanous Crces that 59., can change over time without notice. Therefore the mformation rovided is not intended to replace any official source. You �hould not ad or refrain from 6tlectinybased upon info r ion onthis map w,th9ul independenlly verifying the informetiona if mace ary,obttaffimi pl6feSHQnel ednoa. Tha burden of delerm,nin wr completeness, tlmelles of information rests solely on �suser. opyrigh 20141kC01 1 E INCOGG Source: 2006.2010ACS Data, 2010 Date: 8!7/2014 Sources: EsirLD Lorme, VAVTEQ , 1 KM),-Esri (Thailand), TnmTom4-0 1 506.01 P' `Keaton ad\: Legend FZZ7 City of Owasso ILIL Corporate Limits Percent Low -Mod Less than 51.00% 77 51.00% or Greater Incorporated Places 1 504.08 Census Tract s Geography Boundary Intermap, iPC, NRCAN, Esn Japan, METI, Esri China (Hong City of Owassc Former CDBG Qualifying Areas and Pas+ Projects Legend CDBG Area Type Former Census OobfprgA w Former Sumeyw OuVtWAreas NN W +E S 0 0.25 0.: hew«e eY ewa<w communNY e<++boma uwnmsm !HC 2015 U. Se�v «:INCOe. XV V n—Tity Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Scott Chambless Chief of Police SUBJECT: Resolution 2015 -06: Police Assistance to Other Jurisdictions DATE: April 03, 2015 BACKGROUND: Under the provisions of Title 11 Section 34 -103 of Oklahoma statutory law, a resolution is required for a municipal law enforcement agency to provide assistance to other municipal agencies, county sheriffs, or the Oklahoma Highway Patrol. Passage of a resolution related to this issue would ensure that Owasso police officers are operating with proper legal authority when they have been authorized to assist other agencies in the State of Oklahoma. Operating without proper authority puts the officer and the City of Owasso at significant legal risk should some type of litigation arise from the officer's actions. It is also important for Owasso to provide support to other jurisdictions when needed. This support garners good relations and ensures the likelihood of that support being reciprocated. In the event of a natural disaster in another jurisdiction, providing assistance gives invaluable disaster relief experience for our officers. In December 1999, the Council approved Resolution 1999 -08 authorizing Owasso Police Officers to assist other cities. However, that resolution did not include assistance to a county or a state agency. Resolution 2015 -06 authorizes Owasso police officers to assist other city, county or state law enforcement agencies within the State of Oklahoma. If requested by another city, county or state agency, the Owasso City Manager or Police Chief may direct Owasso officers to serve as police officers in any municipality, county, or in assistance to a State of Oklahoma law enforcement agency. RECOMMENDATION: Staff recommends approval of Resolution 2015 -06 granting authorization to the police officers of the police department of the City of Owasso, Oklahoma, to perform police functions outside of the city limits of the City of Owasso, Oklahoma, under the conditions as set forth. ATTACHMENT: Resolution 2015 -06 CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, GRANTING AUTHORIZATION TO THE POLICE OFFICERS OF THE POLICE DEPARTMENT OF THE CITY OF OWASSO, OKLAHOMA, TO PERFORM POLICE FUNCTIONS OUTSIDE OF THE CITY LIMITS OF THE CITY OF OWASSO, OKLAHOMA, UNDER THE CONDITIONS AS SET FORTH HEREINAFTER WHEREAS, under the provisions of 11 O.S. Section 34 -103 commissioned police officers of the regular police department of any municipality, upon request of the mayor or a designee, or chief of police or a designee, of any other municipality, may serve as police officers in the municipality requesting their assistance upon approval of the governing body of the municipality where such officers are regularly employed; WHEREAS, under the provisions of 11 O.S. Section 34 -103 commissioned police officers of the regular police department of any municipality, upon request of a county sheriff or a designee, or upon request by a commissioned law enforcement officer of the Oklahoma Highway Patrol, may serve as law enforcement officers for the sheriff's office or the Oklahoma Highway Patrol, respectively, if such service has been authorized by prior resolution by the governing body of the municipality where such officers are regularly employed; and WHEREAS, under the provisions of 11 O.S. Section 34 -103 the governing body of a municipality may, by resolution, authorize the chief executive officer of the municipality to respond to any request from any other jurisdiction within the state for law enforcement assistance in cases of emergency. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: The police officers of the City of Owasso, Oklahoma, upon request of the mayor or a designee, or chief of police or a designee, of any other municipality within the State of Oklahoma; county sheriff or designee; or State of Oklahoma law enforcement agency, may, upon direction by the City Manager or Chief of Police, or personal designee of either, of the City of Owasso, Oklahoma, serve as police officers in any municipality, county, or in assistance to a State of Oklahoma law enforcement agency. APPROVED AND ADOPTED this 71h day of April, 2015 by the City Council of the City of Owasso, Oklahoma. Jeri Moberly, Mayor ATTEST Sherry Bishop, City Clerk Approved as to Form: Julie Trout Lombardi, City Attorney O. WA City Wit ouf Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Linda Jones, Finance Director SUBJECT: Contract for Auditing Services DATE: April 3, 2015 BACKGROUND: City charter and state statutes require that an independent accountant perform an audit of the City's finances annually. In April 2006, the city accepted proposals for auditing services from public accounting firms. The proposal from Cole and Reed, P.C. was selected, and the City has contracted with them to perform auditing services since that time. The Owasso Audit Committee met on March 11, 2014, and discussed the performance of Cole and Reed, L.L.C. and the potential extension of the contract. After considering auditor expertise, contract expense, and staff time, the Audit Committee authorized staff to negotiate a three -year extension of the contract for auditing services by Cole and Reed, L.L.C. conditioned upon the rotation of the Partner -in- Charge of the engagement. On April 7, 2014, the Audit Committee convened and reviewed the price quote. On a vote of four to zero, the Audit Committee recommended extension of the contract with Cole and Reed, P.C. for an additional three years (fiscal years 2014, 2015 and 2016). December 1, 2014, Cole and Reed, P.C. merged with McGladrey, LLP, a large, national accounting firm with governmental expertise and nearly 8,000 professional staff. Because the Partner -in- Charge, Manager, and Senior accountant for the City of Owasso audit engagement, all transitioned to McGladrey, LLP, the Audit Committee and City staff support continuing the contract with McGladrey, LLP as negotiated with Cole and Reed, P.C. The $45,000 McGladrey, LLP auditing services fee for the City and its trust authorities for Fiscal Year 2015 is the same as was quoted by Cole and Reed, P.C. Federal grant audits, OMB Circular A -133, if required, would be billed at $3,000 each. RECOMMENDATION: Staff recommends approval of a contract with McGladrey, LLP as auditors for fiscal year ending June 30, 2015. ATTACHMENTS: McGladrey, LLP Audit Arrangement letter Summary of annual auditing fees s li March 11, 2015 Audit Committee Mr. Warren Lehr, City Manager Ms. Sherry Bishop, Assistant City Manager Ms. Linda Jones, Finance Director City of Owasso 111 N. Main Owasso, OK 74055 Attention: Audit Committee The Objective and Scope of the Audit of the Financial Statements McGladrey LLP 531 Couch Drive Oklahoma City, OK 73102 — 2251 0405.239.7951 F405.235.0042 wvnv.mcgladrey.com You have requested that we audit the financial statements of the City of Owasso's (the City), governmental activities, business -type activities, the discretely presented component unit, each major fund and aggregate remaining fund information as of and for the year -ended June 30, 2015, which collectively comprise the basic financial statements. We are pleased to confirm our understanding of this audit engagement by means of this letter. Our acceptance of this engagement is subject to our satisfactorily completing our normal engagement acceptance procedures. We will notify you promptly if we become aware of anything during our acceptance procedures or the review of audit documentation that results in our not being able to continue this engagement. Our audit will be conducted with the objective of our expressing an opinion on the financial statements. The Responsibilities of the Auditor We will conduct our audit in accordance with auditing standards generally accepted in the United States of America (GARS) and Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with GAAS. Also, an audit is not designed to detect errors or fraud that are immaterial to the financial statements. The determination of abuse is subjective; therefore, Government Auditing Standards do not expect us to provide reasonable assurance of detecting abuse. hlamW rat the [ISM InI0lnaaanal nalwwk at Indryendenl arcounling, laxand rowuhlog firms. Audit Committee City of Owasso March 11, 2015 Page 2 In making our risk assessments, we consider internal control relevant to the City's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit. We will also communicate to the audit committee (a) any fraud involving senior management and fraud (whether caused by senior management or other employees) that causes a material misstatement of the financial statements that becomes known to us during the audit, and (b) any instances of noncompliance with laws and regulations that we become aware of during the audit (unless they are clearly inconsequential). The funds that you have told us are maintained by the City and that are to be included as part of our audit are listed here. • General Fund —1 • Special Revenue Funds —10 • Debt Service Fund —1 • Capital Projects Funds — 5 • Enterprise Funds -2 • Internal Service Funds - 4 The component unit whose financial statements you have told us are to be included as part of the City's, basic financial statements is the Owasso Economic Development Authority. There are no component units whose financial statements you have told us will be omitted from the basic financial statements. You have told us that there will be no federal financial assistance programs and awards that require an audit in accordance with OMB Circular A -133. Our report(s) on internal control will include any significant deficiencies and material weaknesses In controls of which we become aware as a result of obtaining an understanding of internal control and performing tests of internal control consistent with requirements of the standards and circulars identified above. Our report(s) on compliance matters will address material errors, fraud, abuse, violations of compliance obligations, and other responsibilities imposed by state and federal statutes and regulations or assumed by contracts, and any state or federal grant, entitlement, or loan program questioned costs of which we become aware, consistent with requirements of the standards and circulars identified above. The Responsibilities of Management and Identification of the Applicable Financial Reporting Framework Our audit will be conducted on the basis that management acknowledge and understand that they have responsibility: a. For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America; b. For the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; Audit Committee City of Owasso March 11, 2015 Page 3 c. For establishing and maintaining effective internal control over financial reporting and for informing us of all significant deficiencies and material weaknesses in the design or operation of such controls of which it has knowledge; d For (a) making us aware of significant vendor relationships where the vendor is responsible for program compliance, (b) following up and taking corrective action on auditfiindings, including the preparation of a summary schedule of prior audit findings, and a corrective action plan, and (e) report distribution including submitting the reporting package[s]; and e. To provide us with: (1) Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation, and other matters; (2) Additional information that we may request from management for the purpose of the audit; (3) Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence; (4) When applicable, a summary schedule of prior audit findings for inclusion in the single audit reporting package; and (5) If applicable, responses to any findings reported on the schedule of findings and questioned costs. As part of our audit process, we will request from management written confirmation concerning representations made to us in connection with the audit including among other items; a. That management has fulfilled its responsibilities as set out in the terms of this letter; and b. That it believes the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. Management is responsible for identifying and ensuring that City complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations. In addition, management is responsible for the design and implementation of programs and controls to prevent and detect fraud or abuse, and for informing us about all known or suspected fraud or abuse affecting the entity involving management, employees who have significant roles in internal control, and others where the fraud or abuse could have a material effect on the financial statements or compliance. Management is also responsible for informing us of its knowledge of any allegations of fraud or abuse or suspected fraud or abuse affecting the entity received in communications from employees, former employees, analysts, regulators, or others. Management is responsible for the preparation of the required supplementary information (RSI) and supplementary information presented in relation to the financial statements as a whole in accordance with accounting principles generally accepted in the United States of America. Management agrees to include the auditor's report on the RSI and supplementary information in any document that contains the supplementary information and that indicates that the auditor has reported on such RSI and supplementary information. Management also agrees to present the supplementary information with the audited financial statements or, if the supplementary information will not be presented with audited financial statements, to make the audited financial statements readily available to the intended users of the supplementary information no later than the date of issuance of the supplementary information and the auditor's report thereon. Audit Committee City of Owasso March 11, 2015 Page 4 The audit committee is responsible for informing us of its views about the risks of fraud or abuse within the entity, and its knowledge of any fraud or abuse or suspected fraud or abuse affecting the entity. You have informed us that you may issue public debt in the future and that you may include our report on your financial statements in the offering statement. You have further informed us that you do not intend that we be associated with the proposed offering. We agree that our association with any proposed offering is not necessary, providing the City of Owasso agrees to clearly indicate that we are not associated with the contents of any such official statement or memorandum. City of Owasso agrees that the following disclosure will be prominently displayed in any such official statement or memorandum: McGladrey LLP, our independent auditor, has not been engaged to perform, and has not performed, since the date of its report included herein, any procedures on the financial statements addressed in that report. McGladrey LLP, also has not performed any procedures relating to this official statement. Because McGladrey LLP will rely on the City of Owasso and its management and audit committee to discharge the foregoing responsibilities, the City of Owasso holds harmless and releases McGladrey LLP, its partners, and employees from all claims, liabilities, losses, and costs arising in circumstances where there has been a knowing misrepresentation by a member of the City of Owasso's management which has caused, in any respect, McGladrey LLP's breach of contract or negligence. This provision shall survive the termination of this arrangement for services. City of Owasso's Records and Assistance If circumstances arise relating to the condition of the City's records, the availability of appropriate audit evidence, or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting, or misappropriation of assets, which in our professional judgment, prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion, issue a report, or withdraw from the engagement. During the course of our engagement, we may accumulate records containing data that should be reflected in the City's books and records. The City will determine that all such data, if necessary, will be so reflected. Accordingly, the City will not expect us to maintain copies of such,records in our possession. The assistance to be supplied by City personnel, including the preparation of schedules and analyses of accounts, has been discussed and coordinated with Linda Jones, Finance Director. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report. Other Relevant Information From time to time and depending upon the circumstances, we may use third -party service providers to assist us in providing professional services to you. In such circumstances, it may be necessary for us to disclose confidential client information to them. We enter into confidentiality agreements with all third - party service providers and we are satisfied that they have appropriate procedures in place to prevent the unauthorized release of your confidential information to others. In addition, we may utilize financial information you have provided to us in connection with this engagement for purposes of creating benchmarking data to be used by McGladrey LLP professionals and other clients. This benchmarking data is aggregated with data from a minimum of five other entities so that users of the data are unable to associate the data with any single entity in the database. Audit Committee City of Owasso March 11, 2015 Page 5 In accordance with Government Auditing Standards, a copy of our most recent peer review report is enclosed for your information. Fees, Costs, and Access to Workpapers Our fees for the audit and accounting services described above are based upon the value of the services performed and the time required by the individuals assigned to the engagement, plus direct expenses. Our fee estimate and completion of our work is based upon the following criteria: a. Anticipated cooperation from City personnel. b. Timely responses to our inquiries. c. Timely completion and delivery of client assistance requests. d. Timely communication of all significant accounting and financial reporting matters. e. The assumption that unexpected circumstances will not be encountered during the engagement. If any of the aforementioned criteria are not met, then fees may increase. Interim billings will be submitted as work progresses and as expenses are incurred. Billings are due upon submission. Our fee for the services described in this letter will be as follows: Audit of financial statements j Our professional standards require that we perform certain additional procedures, on current and previous years' engagements, whenever a partner or professional employee leaves the firm and is subsequently employed by or associated with a client in a key position. Accordingly, the City agrees it will compensate McGladrey LLP for any additional costs incurred as a result of the City's employment of a partner or professional employee of McGladrey LLP. In the event we are requested or authorized by the City of Owasso or are required by government regulation, subpoena, or other legal process to produce our documents or our personnel as witnesses With respect to our engagement for the City of Owasso, the City of Owasso will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests. The documentation for this engagement is the property of McGladrey LLP. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit documentation upon their request and that we shall maintain the audit documentation for a period of at least three years after the date of the report; or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested documentation will be provided under the supervision of McGladrey LLP audit personnel and at a location designated by our Firm. Claim Resolution McGladrey LLP and the City of Owasso agree that no claim arising out of services rendered pursuant to this agreement shall be filed more than two years after the date of the audit report issued by McGladrey LLP or the date of this arrangement letter if no report has been issued. City of Owasso waives any claim for punitive damages. McGladrey LLP's liability for all claims, damages and costs of the City of Owasso arising from this engagement is limited to the amount of fees paid by the City of Owasso to McGladrey LLP for the services rendered under this arrangement letter. Audit Committee City of Owasso March 11, 2015 Page 6 If any term or provision of this Agreement is determined to be invalid or unenforceable, such term or provision will be deemed stricken, and all other terms and provisions will remain in full force and effect. Reporting We will issue a written report upon completion of our audit of the City of Owasso's financial statements. Our report will be addressed to the Mayor and City Council of the City of Owasso. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis -of- matter or other - matter paragraph(s), or withdraw from the engagement. In addition to our report on the City of Owasso's financial statements, we will also issue the following types of reports: • A report on the fairness of the presentation of the City of Owasso's schedule of expenditures of federal awards for the year ending June 30, 2015. • Report on internal control related to the financial statements. This reports will describe the scope of testing of internal control and the results of our tests of internal controls. • Reports on compliance with laws, regulations, and the provisions of contracts or grant agreements. We will report on any noncompliance which could have a material effect on the financial statements. A schedule of findings and questioned costs. This letter constitutes the complete and exclusive statement of agreement between McGladrey LLP and the City of Owasso, superseding all proposals, oral or written, and all other communications, with respect to the terms of the engagement between the parties. Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities. McGla`drey LLP c G �n1 4rY Ron Conner Partner Confirmed on behalf of the City of Owasso: City Manager Assistant City Manager Finance Director Dale Date CITY OF OWASSO HISTORY OF AUDIT FEES Total audit costs $ 44,500 $ 43,500 $ 43,500 $ 46,750 $ 47,000 $ 44,000 $ 45,000 $ 49,000 Note FY 2015 is not expected to exceed the threshold requiring an A -133 grant audit Estimated Estimated FY'09 FY'10 FY'11 FY'12 FY'13 FY 14 FY 15 FY 16 Cole &Reed '. _.. Basic audit of City and trusts $ 40,500 $ 41,500 $ 41,500 $ 42,750 $ 44,000 $ 44,000 $ 45,000. $ 46,000 A -133 grant audits 4,000 2,000 2,000 4,000 3,000 - _. - 3,000 Total audit costs $ 44,500 $ 43,500 $ 43,500 $ 46,750 $ 47,000 $ 44,000 $ 45,000 $ 49,000 Note FY 2015 is not expected to exceed the threshold requiring an A -133 grant audit Or city Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Tim Doyle Public Works - General Services Superintendent SUBJECT: Purchase of a Compact Excavator DATE: April 3, 2015 BACKGROUND: The FY 2014 -2015 Public Works Department, Stormwater Management Fund budget includes funding for the purchase of a compact excavator. The equipment will be utilized to perform stormwater infrastructure repairs in confined areas where it is not practical to use a backhoe, such as residential back yards. The equipment will also be utilized in the cemetery operation, which has many tight space excavation requirements. Because the proposed compact excavator is on the larger end of compact excavator sizes, other divisions will be able to utilize the excavator on projects where the smaller mini - excavators are not able to perform the work. PROPOSED EQUIPMENT: Staff proposes to purchase a new John Deere 50G compact excavator through the Oklahoma State Bid process. The proposed excavator will include the following options: long arm version, which adds 1 1 inches of reach and 12 inches of digging depth, rubber tracks, an enclosed cab with heat and air conditioning, suspension seat, angle front blade, and 24" bucket. FUNDING: The FY 2014 -2015 Stormwater Management Fund includes funding for the procurement of a compact excavator. RECOMMENDATION: Staff recommends approval to purchase a new John Deere 50G compact excavator in the amount of $61,712 from Yellowhouse Machinery Company of Sand Springs, Oklahoma, per the Oklahoma State Bid Contract SW 190. ATTACHMENT: Bid Proposal - Yellowhouse Machinery Company ATTACHMENT A to JOHN DEERE Stock: 12 Serial: Order 50G COMPACT EY.CAVATOR 3125 16 IN (9001*1) RUBBER TRACKS 7120 Year: Prepared for ; ROPS /FOPS CAB WITH HEATER 8, AIR CONDMONER 4150 CITY OF OWASSO Sale Price $61.712.00 OFFICE OF CITY CLERK 24 IN, HD 5.2 CLI. IN BUCKET P.O, BOX *160 Rental Applied: 10.00 OWASSO OK 74055 Phone ; (918) 272 -4059 Conversion Price : $01.712.00 Fax : (918) 2724916 Sale T'ax : 50.00 BY: Trade - in ; S0.00 Curtis Christiansen Pay off ; $0.00 Store Location: 8 Cash Down: $0.00 Phone ; Amount Finance: %1.712.00 SPECIFICATIONS SPECS sF EEi' RESERVED FOR WE ADJUSTMENTS 006OFF 50G COMPACT EY.CAVATOR 3125 16 IN (9001*1) RUBBER TRACKS 7120 LONG ARM SFT. 71N. AND EXTRA COUNTERWEIGHT 474 LBS. 8185 ROPS /FOPS CAB WITH HEATER 8, AIR CONDMONER 4150 SUSPENSION SEAT - CLOTH 9550 ANGLE BLADE AT316563G 24 IN, HD 5.2 CLI. IN BUCKET Warranty Expire Date : Repair Contract Hours Ernmision Was Exp, Date: Pt Rep Contract Hours Repair Contract Exp. Data : Meter Reading: 0 Meter Reading Date: 9/18/2014 Unit of Measure 4:26:56 AM COMMENTS PRICE IS BASED OFF OKLAHOMA STATE CONTRACT SW190. MAKE PURCHASE ORDER TO YELLOWHOUSE MACHINERY CO THANK YOU FOR OPPORTUNITY JOHN VAZQUEZ