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Home My WebLink About2015.05.12_Worksession AgendaPUBLIC NOTICE OF THE JOINT MEETING OF THE RECEIVED OWASSO CITY COUNCIL, OPWA & OPGA MAY 0 v 1015,P i Council Chambers, Old Central Building�f —� 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, May 12, 2015 - 6:00 pm 1. Call to Order Mayor Moberly 2. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing personnel matters relating to the City Manager, such executive session provided for in Title 25, O.S. Section § 307(B)(1) The City Council will meet in executive session with Greenwood Performance to discuss the annual evaluation of the City Manager. 3. Briefing and discussion relating to regular, recurring, or consent items (expected to be brief and may not require discussion) Sherry Bishop A. Resolution, Change Order Authority to City Manager B. Annual Water Quality Report C. New City Hall Construction update 4. Discussion relating to Community Development items Karl Fritschen A. Annexation - (OA- 15 -03) 10010 N Mingo Rd B. Final Plot- Lake Valley V, Phase III 5. Discussion relating to amendment to Solicitors Permit Ordinance Julie Lombardi 6. Discussion relating to City Manager items • FY 2016 budget presentation • Board and committee appointments • Monthly Sales Tax Report • City Manager Report 7. City Council /Trustee comments and inquiries 8. 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, May 8, 2015. Sherry BishW, City Clerk O—T Cify Wit ouf Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Michele Dempster Human Resources Director SUBJECT: City Manager Evaluation Process DATE: May 8, 2015 BACKGROUND: In 2003, the City initiated a contract with Greenwood Performance Systems to facilitate the City Manager's annual evaluation process. Since that time, Greenwood Performance Systems has continued to facilitate the evaluation process on an annual basis. The process includes an anonymous online evaluation completed by directors in early April as well as a self - evaluation completed by the City Manager. Following compilation of the online evaluations, Jim and Jeanine Rhea, with Greenwood Performance, met with directors and city councilors for the one -on -one interview portion of the evaluation process. NEXT STEP: The Rheas will present the evaluation results to Mr. Lehr on May 12 and to the City Council in an Executive Session at the May 12 work session. The City Council will have the option to discuss the evaluation with Mr. Lehr on May 12 or to schedule a future Executive Session or both. The contract with Mr. Lehr expires June 30, 2015. Consideration of a new contract could be placed on the May 19, June 2, or June 15 agenda, depending upon the need for further discussion. O—Th-�C,tx Wit out Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Change Order Approval Authority Proposed Resolution DATE: May 8, 2015 BACKGROUND: The Public Competitive Bidding Act of 1974 (Act) establishes requirements for public construction contracts exceeding $50,000 for all public agencies in Oklahoma. The Act includes specific requirements for the bidding and contracting process including the authorization for change orders. Section 121 of the Act covers change orders or addenda to public construction contracts. Change orders are limited to 10% of the original contract amount or up to 15% if the contract is less than one million dollars. Prior to 2009, all change orders required governing body approval. Legislation in 2009 authorized the City Council to delegate approval of change orders up to $40,000 or 10% of the contract, whichever is less, to the city manager or their designee with any approved change orders reported at the next regularly scheduled meeting. Many change orders are not time sensitive and waiting for the next City Council meeting to receive approval does not cause a project delay. However, there have been times in the past when that delay has created a real concern. Change order approval by the city manager would expedite the project. The Owasso Code of Ordinances establishes the city manager's spending authority at $25,000. This proposed resolution would authorize the city manager to approve change orders up to $25,000 per occurrence or 10% of the contract whichever is less. Approved change orders would be reported to the City Council at the next regular meeting. ATTACHMENTS: Proposed Resolution O.S. 61 § 121 Change Orders or Addenda CITY OF OWASSO, OKLAHOMA RESOLUTION DRAFT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE CHANGE ORDERS UP TO TWENTY -FIVE THOUSAND DOLLARS ($25,000) PER OCCURRENCE OR TEN PERCENT (10 %) OF ANY CONTRACT, WHICHEVER IS LESS, SUBJECT TO THE LIMITATIONS OF THE PUBLIC COMPETITIVE BIDDING ACT OF 1974. WHEREAS, The Oklahoma Public Competitive Bidding Act of 1974, O.S. 61 § 121, authorizes the governing body of a municipality to delegate approval of change orders up to forty thousand dollars ($40,000) or ten percent (107o) of any contract, whichever is less, to the chief administrative officer of the municipality or their designee, with any approved change orders reported to the governing body at the next regularly scheduled meeting; and WHEREAS, The Charter of the City of Owasso, Section 4 -2, authorizes the City Manager to contract and purchase for all departments and agencies of the City subject to regulations and ordinances which the Council may adopt; and WHEREAS, The Code of Ordinances of the City of Owasso, Section 7 -102, establishes twenty -five thousand dollars ($25,000) as the limit of the City Manager's purchase or contract approval authority. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Subject to the limitations of the Public Competitive Bidding Act of 1974, the City Manager or designee is authorized to approve change orders up to twenty -five thousand dollars ($25,000) per occurrence or ten percent (10 %) of any contract, whichever is less, with any approved change orders reported to the City Council at the next regularly scheduled meeting. APPROVED AND ADOPTED this _ day of _, 2015 by the City Council of the City of Owasso, Oklahoma. OSCN Found DocumenCChange Orders or Addenda tgOklahoma Statutes Citationized ETitle 61. Public Buildings and Public Works 'Public Competitive Bidding Act of 1974 1 Section 121 - Change Orders or Addenda Cite as: O.S. §, A. Change orders or addenda to public construction contracts of One Million Dollars ($1,000,000.00) or less shall not exceed a fifteen percent (15 %) cumulative increase in the original contract amount. B. Change orders or addenda to public construction contracts of over One Million Dollars ($1,000,000.00) shall not exceed the greater of One Hundred Fifty Thousand Dollars ($150,000.00) or a ten percent (10 %) cumulative increase in the original contract amount. C. Change orders or cumulative change orders which exceed the limits of subsection A or B of this section shall require a readvertising for bids on the incomplete portions of the contract. D. If the awarding public agency does not have a governing body, the chief administrative officer of the awarding public agency shall approve change orders. The State Construction Administrator of the Construction and Properties Division of the Office of Management and Enterprise Services, or the Administrator's designee, shall sign and execute all contracts and change orders, as they relate to state agencies. E. If the awarding public agency has a governing body, all change orders shall be formally approved by the governing body of the awarding public agency and the reasons for approval recorded in the permanent records of the governing body. The governing body of a municipality or technology center may delegate approval of change orders up to Forty Thousand Dollars ($40,000.00) or ten percent (10 %) of any contract, whichever is less, to the chief administrative officer of the municipality or technology center or their designee, with any approved change orders reported to the governing body at the next regularly scheduled meeting. F. The governing body of the Oklahoma Tourism and Recreation Department is authorized, upon approval of a majority of all of the members of the Oklahoma Tourism and Recreation Commission, to delegate to the Director of the agency the authority to approve change orders on a construction contract provided that the individual change order does not exceed Twenty -five Thousand Dollars ($25,000.00) in expenditure and complies with the limits established by this section. The Administrator of the Division shall sign and execute all contracts and change orders. G. The Transportation Commission may, by rule, authorize the Director of the Department of Transportation to approve change orders in an amount of not to exceed Five Hundred Thousand Dollars ($500,000.00). Change orders approved by the Director shall be presented to the Transportation Commission during the next regular meeting and the reasons therefor recorded in the permanent records. The Oklahoma Turnpike Authority may authorize the Director of the Authority to approve change orders in an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00). Change orders approved by the Director of the Authority shall be presented to the Authority during the next regular meeting and the reasons for the orders recorded in permanent records. H. All change orders for the Department of Transportation or the Authority shall contain a unit price and total for each of the following items: 1. All materials with cost per item; 2. Itemization of all labor with number of hours per operation and cost per hour; 3. Itemization of all equipment with the type of equipment, number of each type, cost per hour for each type, and number of hours of actual operation for each type; 4. Itemization of insurance cost, bond cost, social security, taxes, workers' compensation, employee fringe benefits and overhead cost; and 5. Profit for the contractor. I. 1. If a construction contract contains unit pricing, and the change order pertains to the unit price, the change order will not be subject to subsection A or B of this section. 2. When the unit price change does not exceed Twenty Thousand Dollars ($20,000.00), the unit price change order computation may be based on an acceptable unit price basis in lieu of cost itemization as required in paragraphs 1, 2, 3, 4 and 5 of subsection H of this http:llwww.oscn.netl applications loser /deliverdoeumenc asp? citeid = 440286 &PrintOnly= true[51712015 4:39:51 PM] OSCN Pound DoeumeneChange Orders or Addenda section. 3. When the unit price change exceeds Twenty Thousand Dollars ($20,000.00), any unit price for a new item established at or below the average eighteen- month -price history for the new item may be used in lieu of cost itemization as required in paragraphs 1, 2, 3, 4 and 5 of subsection H of this section. J. Alternates or add items bid with the original bid and contained in the awarded contract as options of the awarding public agency shall not be construed as change orders under the provisions of the Public Competitive Bidding Act of 1974. Historical Data Laws 1974, HB 1665, c. 298, § 21, emerg. eff. August 1, 1974; Amended by Laws 1975, HB 1251, c. 266, § 9, emerg. eff. June 5, 1975; Amended by Laws 1989, HB 1257, c. 164, § 1, emerg, eff. May 8, 1989; Amended by Laws 1993, SB 414, c. 293, § 2, emerg. eff. June 3, 1993; Amended by Laws 1995, SB 250, c. 200, § 3, emerg. eff. May 19, 1995; Amended by Laws 1997, HB 1745, c. 72, § 1, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, HB 2267, c. 118, § 1, emerg. eff. July 1, 1998 (superseded document available); Amended by Laws 2000, SB 1172, c. 363, § 11, emerg. eff. June 6, 2000 (superseded document available); Amended by Laws 2002, HB 2874, c. 294, § 22, eff. November 1, 2002 (superseded document available); Amended by Laws 2004, HB 1695, c. 328, § 2, emerg, eff. July 1, 2004 (superseded document available); Amended by Laws 2006, SB 558, c. 271, § 23, emerg. eff. July 1, 2006 (superseded document available); Amended by Laws 2009, HB 1753, c. 257, § 3, eff. November 1, 2009 (superseded document available); Amended by Laws 2011, SB 426, c. 112, § 1, eff. November 1, 2011 (superseded document available); Amended by Laws 2012, HB 3074, c. 304, § 315 (superseded document available); Amended by Laws 2013, HB 1081, c. 170, § 1, eff. November 1, 2013 (superseded document available). http:Ilx"vw.oscn. net / applications /osen /deliverdoctiment. asp ?citeid = 440286 &Prin(Only= true[5 /7/2015 4:39:51 PM] nvA- ity Wit out limits. TO: The Honorable Chair and Trustees Owasso Public Works Authority FROM: Travis Blundell Owasso Utilities Superintendent SUBJECT: Annual Water Quality Report DATE: May 8, 2015 BACKGROUND: Every year, in conformance with the Safe Drinking Water Act, the City of Owasso' prepares and distributes the Annual Water Quality Report, to our customers in an effort to enable our citizens to make practical and knowledgeable decisions about their health and the environment. The report contains basic educational information on the water quality - including levels of any detected contaminants, and compliance with drinking water rules. At a minimum, the report must provide consumers with the following fundamental information: Lake, river, aquifer, or other source of the drinking water; A brief summary of the susceptibility to contamination of the local drinking water source, based on the source water assessments that states are completing over the next five years; Y How to get a copy of the water system's complete source water assessment; Y The level (or range of levels) of any contaminant found in local drinking water, as well as EPA's health -based standard (maximum contaminant level) for comparison; The likely source of that contaminant in the local drinking water supply; The potential health effects of any contaminant detected in violation of an EPA health standard, and an accounting of the system's actions to restore safe drinking water; ➢ The water system's compliance with other drinking water - related rules; ➢ Phone numbers of additional sources of information, including the water system and EPA's safe drinking water hotline. It is worth noting that because the report simply summarizes information that the City must collect to comply with the Federal Safe Drinking Water Act, no additional monitoring is required to comply with this mandate. Additionally, since the City purchases water from the City of Tulsa, Owasso's Water Quality Report uses much of the educational information and monitoring data provided by the City of Tulsa. A copy of the City of Owasso 2015 Water Quality Report is attached. The mandate also requires that the City mail or deliver a copy of the Water Quality Report to each water customer, make an effort to deliver the report to non - bill - paying customers and Right -to -Know Amendment to Clean Water Act in (1996) requires that all owners of systems serving at 25 residents or more or that have 15 service connections serving year round residents distribute such report. provide copies of the report upon request. The City must send a copy of the Water Quality Report to the Oklahoma Department of Environmental Quality (ODEQ) and submit a Certificate of Completion and Distribution by October 1, 2015. The Certificate confirms that the information contained in the report is correct and that all distribution requirements have been met. COMPLIANCE STATUS: Staff confirms that the information contained in the City of Owasso, 2015 Annual Water Quality Report, completed in April 2015 is correct and consistent with compliance monitoring data previously submitted to ODEQ. Copies of the report will be distributed through the utility bills, June 5th, June 16th and June 251h of 2015. In addition, the report may be viewed by visiting the City of Owasso webpage2 or the offices of Public Works Department at 301 West 2„d Avenue, Owasso. ATTACHMENT: 2015 Annual Water Quality Report 2 Address: http:// www .cityofawasso.com /PublieWorks/ Water %20Quality%20Report%202005.pdf Public Works Department 301 West 2 ^a Avenue -- P.O. Box 180 The City Wit out ts. Owasso. OK 74055 2015 ANNUAL WATER QUALITY REPORT The City of Owasso is pleased to submit to you the 2015 Annual Water Quality Report. We take great pride in providing you, our customer, with reliable and safe drinking water that meets all Federal and State regulations. Again this year, contaminant levels in our water are well below the maximum allowable levels. Why are there contaminants in my drinking water? Drinking water, including bottled water, may be expected to contain at least small amounts of contaminants. The presence of these contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects may be obtained by calling the Environmental Protection Agency's (EPA) Safe Drinking Water Hotline (800- 426- 4791). The sources of drinking water (both tap and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and in some cases, radioactive material, and can pick up substances resulting from the presence of animals or human activity. Contaminants that may be present in water prior to treatment include: Microbial contaminant which come from sewage treatment plants, septic systems, agricultural livestock operations and wildlife. Inorganic contaminates are naturally - occurring or a result from urban storm water runoff, industrial or domestic wastewater discharges, oil and gas production and mining or farming. Pesticides and herbicides come from a variety of sources such as agricultural urban storm water runoff and residential uses. Chemical contaminants include synthetic chemicals which are byproducts of industrial processes and petroleum production that can come from gas stations, urban storm water runoff and septic systems. Radioactive contaminants are naturally occurring substances or the result of oil and gas production and mining activities. In order to ensure that tap water is safe to drink, the EPA prescribes regulations which limit the amount of certain contaminants in water provided by public water systems.. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water, which provide protection for public health. Is Owasso's water safe to drink? YES! The City of Owasso and the City of Tulsa routinely monitor for contaminants in your drinking water according to Federal and State laws. In 2014, the City of Tulsa analyzed more than 2500 samples looking for pollutants that might be dangerous to your health and substances that can make the water taste or smell unpleasant. In addition, the City of Owasso collected 300 samples from many different locations throughout the distribution area. The data tabulation table shows the results of our monitoring for the period of January through December 2014. What does the data mean? This report is being provided to show that our drinking water IS SAFE and meets Federal and State requirements. As you can see by the table, the drinking water delivered to Owasso area homes and businesses exceeds all federal requirements. Although some contaminants were detected in 2014, the EPA has determined that your water is safe at these levels. Where does Owasso's water come from? Our water is purchased from the City of Tulsa. The water is treated surface water transported from three sources in northeastern Oklahoma (Lake Oologah on the Verdigris River, Lake Spavinaw and Lake Eucha on Spavinaw Creek, and Lake Hudson on the Neosho River). After the water reaches the lakes it travels to Mohawk and A.B. Jewell water treatment plants where it is treated to remove any substances that might affect public health. To Learn More about our Water Utility: Please attend any of the regular scheduled meetings of the Owasso City Council and the Owasso Public Works Authority. Meetings are held on the first and third Tuesday of each month at Old Central (109 N. Birch) beginning at 6:30 p.m. How to Contact Us: For questions concerning your water utility, please contact the Owasso Public Works Department at 918 - 272 -4959. Inquires about this report may be directed to Roger Stevens (Public Works Director). For questions about your water bill, please contact the City of Owasso Utility Billing Office at 918 - 376 -1500. For Additional Information: Visit our website at www.citvofowasso.com, 2015 Annual Water Quality Report WATER QUALITY DATA TABULATION Tulsa's Water Quality Data: Collected During 2014 Turbidity level found 1 g3 Lowest monthly 0. meeting regulations 994% TT-=less than 0.3 NTU 95% Of the time NIA Soil runoff Total Coiform Bacteria within 4514. Pre ;ante of coiiprm'bddtena in more distrbution system (monthly) than 5% of monthly samples ,:.0 Naturally present in the environment Barium 0,048 0034 0068 2 pads per million 2 Naturally present in the environment, dnllmg waste, metal rernedes Bela Parades " 142 2,17, 2.66 50 pCitUder MCL=4 mremlyY' 0 Ducey of natural and man made minaret tleposits MRDL- - d 0 pans per million annual Total Chlorine 2.4 1.4 3.0 average 4 Water additive used to control microbes Chlorite 013 0 013 ipart per mlil)pn 'Da By-product of drinking water diihisckm Total Chromium 014 0 028 100 parts per billion 100 Dseharge from steel and pulp mills erosion of natural deports 019 PPM ffi 90th peroart le Osdes above A =1. pans per million at Copper'- AL 1 percentile '.'1.3 Congdon ofhousehold plumbing sysfeme Plupnde 071 040 10 4pans per million 4 Water addiiva Promoting Strong teeth 0 peep at Me Nth percentile :0 sites above AL= pans per con at Leatl'° AL percal 0 Corrosion of household plumbing systems Nitrate =10 parts per million I Mar. = i Nitrate - Note 006 0 l)2] pan per million 10',1 Runoff from fertilizer use aasu is are pan per million. I. Total Organic Carbon 1.9 090 2.9 percent removal 'NIA Naturally fouhtl in the envonmenl Haloacet¢Adds 19 0 17 60 parts per billion LRAI\ N/A ey- Product of tlnnking walerdls nfection urethanes 36 17, 43 % parts perDillon LRAA WA By -produU M dnnkmgwalenElslMection Some peopl Some people who drink water contimng mhalomefhares kn excess of the MCL over many years may experience problems corm their livep kitlneys, or central nervous system, and may have an incre..ad risk of gelling cancer. The risk assessment developed for aihalomethanes showed that those consuming 2 state of water with 100 sple Onalomemanes for 70 years increased the likelihood c developing cancer by 1 in one million. " PH WA 7.7 6.0 . Aesthebdleve16S8.5sx' Measure of addty. Chloride 12 10 15 Aesthetic level 250 pans per million Naturally present brine from oilfield op.rations Sodium 982 7]t' 124 Standards have not been estabhshetl. Naturalydcanmgofuibanstonnwater rvnafr Sulfate 23 4.7 45 Aesthetic level 250 pans per million Naturally present in the environment Additional Monitoring: Tulsa was required to paNUpsts In Unregulated Contaminant Momtenng fUCMR3) in 2014 Unregulated contaminants are those forwhich EPA has not establisheddinking{ water standards The purpose of unregulated contaminant monitoring is to assist the EPA in delimiting the opdmence of unregulated contaminants to drinking waterand wiremerfulure regulation Is`. warranted The following are those conleminantslthatwere detected during UCMR3montto 1 - useenernansit Bremodynomethane 0.020 0 0092, Chlorate 79.3 0 244 Hexavalent Chromium 0011 0 0,055 Molybdenum 0.14 0 1.1 Strontium 157 44.8 362 Vanadium 0.57 0 2 Owasso's Water Qualit Data: Collected Durin 2014 Bang Total oiip . ' o positive >1 positive -' '_ 0' Natumiy presentm the Environment r - MR C- 4.0 parts per million annual rine 2.1 1.5 3.1 average 4 Water additive used to control microbes c Adds 8 6 - 10 60 pads per bilkldn LRAA ?NIA By- product of drinking water disinfection lomelhards 27 16 43 e0 parts per billion LRAA N/A By- product of drinking water disinfection tions of Terms - ;Found in thelTa6le: n Level): The concentration of a contaminant, which d exceedetl, tuggers a treatment or other requirement which a water system must follow. imum Contaminant Level): The highest level of a conlaminant allowed in tlnnking water. MCLS are set as dose to the MCLGS as feasible using the best available treatment technology and taking cost into consideration. MCLS are enforceable standards. MCLG (Maximum Contaminant Leval Goal): The level of a contaminant in drinking water below which there is no known or expected nek to health. MCLGS allow for a margin of safety and are non - enforceable public health goats. MRLD (Maximum Residual Disinfectant Level): The highest level of a disinfectant allowed in drinking water. TT (Treatment Technique): A required process intended to reduce the level of a contaminant in drinking water. AL (Action Lovell: The concentration of a contaminant, which if exceeded, niggers a treatment or other requirement which a water system must follow. LRAA : LocaSonai Running Annual Average NTU (Nephololomelric Turbidity Unit)'. A measurement of turbidity, or doudiness of the water Turbidity has no health effects. mreMyr (millirems per year): A measure of radiaion absorbed by the body. ppm (parts per million): Comparable to 1 minute in two years. ppb (parts per billion): Comparable to 1 minute in 2,000 years. S.u.: Standard units NIA ( Not Applicable) "Data collected September 2010. Frequenry, of monitoring requirements is within compliance regutations. --'Data collected August 2013 . Frequency of monitoring requirements is within compliance regulations. Th© City W.tiout Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl A. Fritschen, RLA, AICP Chief Urban and Long Range Planner SUBJECT: Annexation (OA- 15 -03) 10010 N Mingo Rd DATE: May 8, 2015 BACKGROUND: The Community Development Department received a request for annexation for property located in Tulsa County at 10010 N Mingo Rd. The property is 22.8 acres in size contains one residential structure and an outbuilding. The property has been used for agricultural purposes for many years. The property is bounded to the west by the railroad, to the east by Mingo Rd, and is not platted. SUMMARY TABLE: Direction Zoning Use Land Use Jurisdiction None specified Lots/Blocks 't N/A Plan Residential North RS -3 (Residential Family) Undeveloped Residential 3t Y of N/A _Single of Owasso _City Applicable Paybacks r Owasso South AG (Agriculture) Rural Homesites Residential Tulsa Count RS -3 (Residential East Single Family)/ AG Undeveloped Residential City of (Agriculture) Owasso West RS -3 (Residential Single Family) Railroad /Undeveloped Residential City of Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size 22.8 acres Current Zoning AG Tulsa Count Proposed Use None specified Lots/Blocks 't N/A Land Use Plan Residential Number of Reserve Areas N/A Within PUD? N/A Within Overlay District? N/A Water Provider of Owasso _City Applicable Paybacks r Storm siren fee of $35 /acre; Ranch Creek Sewer Payback Streets (public or private) N/A ANALYSIS: The property owner has request to be annexed into the Owasso City Limits for police and fire protection. Annexation is the first phase, followed by rezoning and platting. The applicant has not stated a proposed use of the property, but the GrOwasso Land Use Master Plan calls for the property to develop with residential uses. A zoning of Agriculture (AG) will be applied with this annexation. ANNEXATION COMMITTEE: The Annexation Committee reviewed the request on April 29, 2015 and recommend approval to annex the subject property into the corporate limits of the City of Owasso. The only comment regarding the request was from Public Works, who mentioned that water would have to be extended to the site if it were to develop and that according to the Transportation Master Plan, Mingo Rd would not need to be widened for at least ten (10) years. PLANNING COMMISSION: The Owasso Planning Commission will hear this item at their regular meeting on May 11, 2015. ATTACHMENTS: Aerial Map Zoning Map Boundary Map Annexation Request 1" = 1,505 ft OA 15 -03 04/2212015 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Owasso staff for the most up -to -date information. Current Zoning OA -15 -03 G r■ , c? a Z E1 �0 .r C m a J�t _PS1 2 E_1Q4 -ST, Subject Tract E_101_S.T -N rj Q' o o• Z G� 98_ST P ¢ ��Q ° 2 E9W pG C- Z ° 97 4 4¢t Q > j WE97_'STNQ LEGEND W ¢ W c on 2 m Owasso Corporate Limits a 2 .2 U 300' Radius 0 I Subject k Tract OA 15 -03 o I uo soo i I t sso I 1321-13 ,�/� . ° . Feet 011, City Wi?-- f Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Karl Fritschen, Chief Urban and Long Range Planner SUBJECT: Final Plat —Lake Valley V, Phase III DATE: May 8, 2015 The City of Owasso received for review and approval a final plat for Lake Valley V, Phase III. The property is located north of the existing Lake Valley neighborhood on the east side of N 145th E Ave, approximately 1/4 mile south of E 11 6th St N (SH -20). This is the final phase of the entire Lake Valley development. SURROUNDING ZONING: Direction Zoning Use Land Use Plan Jurisdiction Residential Single Famil Lots /Blocks 71 lots, 3 blocks Number of Reserve Areas >> 0 North AG Cemetery Public Rogers Washington County Rural #3 Applicable Paybacks Storm siren fee of $35 /acre, Elm Creek Sewer Payback of 1,580 /acre Streets (public or private) County Single Family South RS -3 (OPUD 08 -01) Residential, Lake Valley 1 Residential Owasso &11 Single Family East RS -40 Residential, Residential Rogers Chestnut County Farms Estates West RS -3 OPUD 08-1)/AG Single Family Residential Residential Owasso SUBJECT PROPERTY /PROJECT DATA: Property Size ` 14.87 acres Current Zoning RS-3(P U D 08 -01 Proposed Use Residential Single Famil Lots /Blocks 71 lots, 3 blocks Number of Reserve Areas >> 0 Within PUD? Yes, PUD 08 -01 Within Overlay District? ` None Water Provider Washington County Rural #3 Applicable Paybacks Storm siren fee of $35 /acre, Elm Creek Sewer Payback of 1,580 /acre Streets (public or private) Public streets ANALYSIS: The applicant is requesting the review and approval of the final plat consisting of seventy -one (71) lots in three (3) blocks in order to construct single family homes as part of the Lake Valley development. The use of the property is governed by PUD 08 -01, which allows single family homes on lot sizes averaging 5,500 to 6,000 SF in size. The property adjoins Chestnut Farms Estates to the east, which is comprised of 2.5 acre home sites in Rogers County and existing Lake Valley V, Phase II to the south and west. The proposed final plat is part of the entire Lake Valley development, which includes two (2) amenity areas. Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements including but not limited to paved streets, landscaping, and sidewalks. The property is subject to all platting fees which include the Elm Creek Sewer interceptor payback at $1,580.00 per acre and storm siren fee at $35.00 per acre. The property is served water by Washington County Rural Water District #3, and Owasso sanitary sewer, police, fire, and EMS service. Utility easements are established throughout the proposed addition so as to adequately accommodate utility services. All of the lots meet all of the bulk area requirements of PUD 08 -01. In a regional context, this proposed addition is in conformance with the Owasso 2030 Land Use Master Plan, as the area is shown for residential uses. PLANNING COMMISSION: The Owasso Planning Commission will review this item at their regular meeting on May 11, 2015. ATTACHMENTS: Final Plat, Lake Valley V, Phase III Covenants Area Map Aerial Map 11 j¢ P1 Location Map ro fluE m� •�ai�°m� n•�at� F. G m �. semen la noveRCo-mr )I Ldsf2Aia6 M'es T N -- Stale N{gnvoy20 m�s� mm ®a ��®pp ®ate �z• ®6)• @ems m�^� MEN m�ezr� •n�fn= p • m�v� • m o�vv. ENGINEER (SURVEYOR m� •�ai�°m� n•�at� rmi� Tulsa Engineedngfl P anPNp A soea ss, I Lake Valley r+�znz� BGiN wie1N m�z� Lbn�ux — me.,..mrone_rvfl.,xv� DEVELOPER . A ,n Planned Unit Development No. OPUD 05 -01 ENGINEER (SURVEYOR nr.w Tulsa Engineedngfl P anPNp A soea ss, I Lake Valley V BGiN wie1N w %,e Lbn�ux — me.,..mrone_rvfl.,xv� DEVELOPER . (Lots 23 thru 47, Block 2; Lots 44 Into 75, Block 5; Block 7) A Subdivision In the City of Owasso, being a part of me W2 of the NW /4 of Section 10, Laxn Valley Invnsvnentomup, LLC., Township 21 North, Range 14 East of the Indian Meridian. 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Laa n�enadN,Id pNa Wpmmab wpan'a+aW w:4Y0ua v^IeW ngvrow�[pm41 ✓lrX)MtA.vAl Hmovwnww +.m,a rmwaw.aMwr wx. W° wm�w�blb varvw WvuFVralaa u�l lrWa,M rn..a..WIy,J eMwnanw r.,aa an[abrdnb lr •IAer� i]I Y n.. awdvsX .,vaP+wmwaxlrwmYaWruYNa�iM mMrtrpnreq/a W flwpnownrmowa. ]. r �'pv)ai �Nx/onmaYaWmgGxWe,�viwraoxry �aM o]mF9fa,Y+awam• NnwJUVry, on wW /u Mtl CFAMGtE P' PNH Mi,+Mibfµ IaA/wIY WI W+V<rwa MIMw OnauY4[Ibrtlmeh _Wa I �V Mtuav9V M]FNa Wn +,prywaFwYnNaW b/wu)aaa %EyOav DY Xe Valluw. V 3 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR LAKE VALLEY V -PHASE 3 THIS DECLARATION, made this day of March, 2015, by LAKE VALLEY INVESTMENT GROUP, L.L.C., an Oklahoma limited liability company hereinafter referred to as "Declarant ". WITNESSETH: WHEREAS, Declarant is the owner of certain property in Rogers County, Oklahoma, which is more particularly described as follows, to -wit: ALL OF LAKE VALLEY V -PHASE 3, AN ADDITION TO THE CI'T'Y OF OWASSO, ROGERS COUNTY, STATE OF OKLAHOMA, ACCORDING TO THE RECORDED PLAT THEREOF. hereinafter referred to as "Lake Valley V -Phase 3"; and WHEREAS, Declarant is presently improving and developing residential lots, together with a "Common Area ", as hereinafter defined, within Lake Valley V -Phase 3; and WHEREAS, Declarant may construct orprovide on the "Common Area" apool, private park area, drainage facilities and landscaped areas for the use and enjoyment of the owners of the lots and dwelling units within Lake Valley V -Phase 3 and any future subdivisions within the Lake Valley OPUD 08 -01; and WHEREAS, Declarant will convey the lots within Lake Valley V -Phase 3 subject to certain covenants, conditions, restrictions, reservations, easements, liens, and charges as hereinafter set forth; and NOW, THEREFORE, Declarant hereby declares that all ofthe property described above shall be held, mortgaged, sold and conveyed subject to the following covenants, conditions, restrictions, reservations, easements, liens, and charges, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of Lake Valley V -Phase 3. These covenants, conditions, restrictions, reservations, easements, liens, and charges shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest in the described property or any part thereof, and shall inure to the benefit of each owner thereof or any part thereof, their heirs, successors and assigns. ARTICLE I 1. "Association" shall mean and refer to Lake Valley Homeowners Association, Inc., an Oklahoma non - profit corporation, its successors and assigns. 1 2. "Lake Valley V -Phase 3" shall mean and refer to that certain real property hereinbefore described. "Common Area" shall mean that portion, including easements, of Lake Valley V -Phase 3 owned or maintained by the Association for the common use and enjoyment of the Owners, together with all improvements which may at any time hereafter be situated thereon including (without limitation) detention ponds, drainage facilities /dams and related improvements, which Common Area is specifically described as follows: Reserve Areas as shown on the plat of Lake Valley V -Phase 3, Plat No. as well as the park area, playground equipment, swimming pool and clubhouse /community building located within Lake Valley II for the common use and benefit of all lot owners within any subdivision phase of the Lake Valley development. 4. "Lot" shall mean and refer to a platted lot, block or parcel of land shown upon the recorded plat of Lake Valley V -Phase 3 with the exception of the Common Area. 5. "Member" shall mean and refer to every person or entity who holds membership in the Association. 6. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot situated within Lake Valley V -Phase 3, including contract sellers, but excluding others having such interest merely as security for the performance of an obligation. "Declarant" shall mean and refer to Lake Valley Investment Group, L.L.C., an Oklahoma limited liability company, its successors and assigns. &. "Secretary" shall mean and refer to the Secretary of the Association. 9. `Board of Directors" shall mean and refer to the Board of Directors of the Association. 10. "Articles" shall mean and refer to the Articles of Incorporation (including any amendments or changes thereto) pursuant to which the Association, as hereinabove defined, is or has been formed. 11. "Bylaws" shall mean and refer to the existing Bylaws of the Association, including any amendments or changes thereto. ARTICLE II POWERS OF ASSOCIATION AND MEMBERSHIP POWERS OF THE ASSOCIATION: The Association, in addition to all other rights, powers and duties provided herein and as contained in its Articles of Incorporation, shall have all powers, rights and privileges which anot- for - profit corporation organized under the 2 Laws of the State of Oklahoma by law may now or hereafter have to carry out its corporate purposes. 2. MEMBERSHIP: Any Owner of a Lot in Lake Valley V -Phase 3, an Addition to the City of Owasso, Rogers County, State of Oklahoma, shall automatically become a Member of the Association. The membership of the Association shall be limited to the record Owner, whether one or more persons or entities, of a fee simple title to a Lot situated within Lake Valley V -Phase 3 and in any additional property as may be annexed to or merged into the jurisdiction of the Association or allowed to join according to procedures set forth in the Articles or Bylaws, including (without limitation) property owners in future or other phases of the Lake Valley OPUD O1 -03 and /or 08 -01, each to be a separate Addition to the City of Owasso, Rogers County, State of Oklahoma, according to their respective recorded plats thereof. The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation, other than contract sellers. Membership shall be appurtenant to and may not be separated from ownership of any Lot situated within Lake Valley V -Phase 3. Ownership of a Lot shall be the sole qualification for membership with respect to those property owners in Lake Valley V -Phase 3. ARTICLE III VOTING RIGHTS 1. VOTING CLASSES. The Association shall have two classes of voting membership: Class A: Class A Members shall be all those persons or entities entitled to membership as defined in Article II with the exception of Declarant. After the Turnover Date described below, Class A Members who own a Lot shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership by Article II; provide d, however when two or more persons or entities hold such interest or interests in any Lot, although all of such persons or entities shall be Members of the Association, the vote for such Lot shall be exercised as they, among themselves, may determine, but in no event shall more than one (1) vote per Lot be cast with respect to any one Lot. Class B: The Class B Members shall be the Declarant and its assignee builder of the residential structure thereon who does not occupy such structure as his principal residence. The Class B Members shall be entitled to five hundred (500) votes each; provided, that the Class B membership of particular Class B Member shall cease and be converted to Class A membership on the earlier to occur of: (a) the date all Lots in each subdivision of Lake Valley OPUD 08 -01 (as opposed to just those Lots in the Subdivision) so platted have been sold by such Class B Member; or (b) December 31, 2038; or (c) such date as Declarant (in its sole discretion) executes and records with the County Clerk of Rogers County, Oklahoma, a notice that Declarant has elected to convert the Class B membership to Class A membership. 2. DECLARANT CONTROL OF ASSOCIAITON The Declarant, or its designee, shall be in sole and complete legal control of the Association from the inception thereof until such time as the Declarant relinquishes control thereof as set forth herein. The date on which Declarant's rights under this Section 2 shall terminate shall be referred to as the "Turnover Date ". The first and all subsequent Boards prior to the Turnover Date shall consist of those persons designated by Declarant. Declarant's rights under this section to designate the members of the Board shall terminate on the first to occur of (a) such time as Declarant no longer holds or controls title to any part of the Property or other lands that have come under the control of the Association as provided for herein, (b) the giving of written notice by Declarant, to the Association's Board, of the Declarant's election to terminate such rights, or (c) ten (10) years from the date of recording hereof. From and after the Turnover Date, the Board shall be constituted and elected as provided in the Association Bylaws. Prior to the Turnover date all of the voting rights of the Owners shall be vested exclusively in Declarant. The Owners, prior to the Turnover Date, shall have no voting rights. Despite having no voting rights at that point in time, such Owners' Lots shall nevertheless be subject to assessment. The Declarant, upon request, shall supply such Owners with an annual accounting of the manner in which collected assessments have been spent. ARTICLE IV PROPERTY RIGHTS MEMBERS' EASEMENTS OF ENJOYMENT: Every Member shall have the nonexclusive right and pedestrian access easement to use and enjoy the Common Area and all improvements constructed thereon. Such right and easement shall be appurtenant to and shall pass with the title to every Lot within Lake Valley V -Phase 3, subject, however, to the following provisions: (a) The right of the Association to limit the number of guests of Members as well as the volume of noise and any other nuisance which interferes with the peaceful enjoyment of Lake Valley V -Phase 3; (b) Subject to the provisions of Article V hereof, the right of the Association, in accordance with its Articles and Bylaws, to borrow money for the purpose of improving the Common Area and facilities and improvements constructed thereon and in aid thereof to mortgage said property, but only upon the prior written consent of the Declarant. In the event such property is so mortgaged, the rights of the Members of the Association hereunder to use and enjoy such Common Area shall be subject and subordinate to the rights ofthe mortgagee therein. (c) Upon the conversion of all Class B Membership into Class A Membership, the right of the Association to dedicate or transfer all or any part of the Common Area to any governmental body, public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. Such dedication and transfer shall be effective only upon the rd recording of an instrument signed by Members entitled to cast one -half (1/2) of the votes of the Class A membership in which such Members evidence their agreement to such dedication and transfer, or upon the affirmative, majority vote of the Board of Directors but only after said Board receives written consent from the Declarant; (d) The right of the Association to suspend the voting rights and suspend or terminate the right to use and easement of the Common Area of a Member: (i) with respect to voting rights, for any period during which any assessment against his Lot remains unpaid; provided, however, the Association shall give written notice to the deficient Member, or (ii) with respect to use and easement of the Common Area, for any period during which any assessment against his or her Lot remains unpaid or for any infraction of the published rules and regulations of the Association relating to such use. (e) The right of the Association to prescribe rules and regulations for the use, enjoyment and maintenance of the Common Area. 2, DELEGATION OF USE OF COMMON AREA: Any Member may delegate, in accordance with the Bylaws of the Association, his right to use, but not ownership of his easement right to, the Common Area and facilities and improvements situated thereon, to his or her family members and guests, and to tenants who reside in Lake Valley V -Phase 3. TITLE TO THE COMMON AREA: The Declarant herein reserves the right and easement to enter upon the Common Area and construct, repair and maintain improvements therein. Maintenance of the Common Area shall be borne by the Association; provided, however, in the event the Association fails or refuses to maintain the Common Area, the Declarant shall have the right, but not the obligation, to maintain the Common Area in a reasonable manner and the Association shall reimburse the Declarant for such expenses upon demand. The Declarant hereby covenants for itself, its successors and assigns, that it will convey fee simple title to the Common Area to the Association, subject only to any easements and restrictions of record, either prior to or upon the conversion, in the Declaranfs sole discretion, of its Class B membership to Class A membership pursuant to the provisions of Article III. Conveyance of the Common Area to the Association shall not be refused by the Association. 4. DAMAGE TO COMMON AREA: If, due to the act or omission of any Owner, his family, tenants, contract purchasers, guests, licensees or other invitees, the Common Area is damaged (normal wear and tear excepted) and maintenance, repair or replacement shall be required thereby, then such Owner shall pay for the full cost of such maintenance, repair and replacement as shall be determined by the Association. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS CREATION OF LIEN AND PERSONAL OBLIGATION OF ASSESSMENTS: Except for annual assessments described in paragraph 3 below, no special assessments shall be assessed against or attach to any Lot owned by Declarant or any builder of the residential structure thereon who does not occupy such structure as his principal residence within Lake Valley OPUD 08 -01. The Declarant and each builder of the residential structure on any Lot within Lake Valley OPUD 08 -01 who does not occupy such structure as its principal residence shall pay the annual assessment described in Paragraph 3 below. All other Owners of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association their share of: (a) annual assessments or charges provided for herein, and (b) special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided. If permitted to become delinquent, an annual or special assessment, together with such interest thereon and costs of collection thereof as are hereinafter provided, shall be a lien upon the Lot against which each such assessment is made whether a lien is actually filed of record or not. Each such assessment, together with such interest, costs and reasonable attorneys' fees incurred in collection thereof, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment became due. 2. PURPOSE OF ASSESSMENTS: The assessments levied by the Association shall be used for the purpose of promoting the recreation, health, and welfare of the residents within Lake Valley OPUD 01 -03 and 08 -01 and promoting the habitability of residential structures and enhancing property values in any subdivision within Lake Valley OPUD 01 -03 and 08 -01 including, but not limited to the improvement and maintenance of the Common Area and improvements thereon, including (without limitation) ad valorem taxes, drainageways and easements, driveways, parking areas, fences and walls, and landscaped areas. 2. ANNUAL ASSESSMENTS: The annual assessment on any Lot owned by any Owner of a Lot in Lake Valley V -Phase 3 (including the Declarant and any builder of the residential structure thereon who does not occupy such structures as its principal residence), commencement of which is provided for in Article V, Section 5, for the first year shall in an amount determined by the Board of Directors to be necessary to adequately maintain and support all Common Areas and shall be due and payable as the Board of Directors shall direct in the annual notice of assessment. The annual assessment on Lots owned by Owners (other than the Declarant and any builder of the residential structure which will not be used by such builder as his primary residence) may be increased by the affirmative vote of the Board of Directors of the Association upon thirty (30) days written notice to such Owners prior to the effective date of such increase. Provided, that any increase in the annual assessment assessed against Lots within Lake Valley V -Phase 3 greater than 15% from the previous years' annual assessment amount shall require the affirmative vote of a majority of those Owners of Lots in Lake Valley V -Phase 3 who are in attendance (either in person or by proxy) at a special meeting of the Members, duly called and noticed. Annual and special assessments shall be established at a uniform rate applying such factors as the Board of Directors shall determine appropriate, such as the operating costs of the Association, maintenance of the Common Areas, cost of living increases, enhancement of property values and other equitable factors. Annual assessments paid by the Owners of Lots in Lake Valley V -Phase 3 shall be used exclusively for the maintenance and repair of the Common Areas, and for such operating costs of the Association which are related to the operation of the Common Areas and the general operations of the Association. 4. SPECIAL ASSESSMENT: In addition to the assessments authorized above, the Association may levy a special assessment for the purpose of defraying, in whole or in part, the costs of any construction or reconstruction, repair or replacement of a capital improvement upon the Common Area or entryways, including the necessary fixtures and personal property related thereto and payment for any expenses deemed necessary and appropriate by the Board of Directors; provided that special assessments against Lots in Lake Valley OPUD 08 -01 shall require the affirmative vote ofthe Class B Members and one -half (1/2) of the Owners of such Lots who are Class A Members of the Association who are in attendance (in person or by proxy) at a special meeting of the Members of the Association, duly called and noticed; provided, however, the Declarant and any builder of the residential structure thereon who does not occupy such structures as its principal residence who own Lots within Lake Valley OPUD 08 -01 shall not be subject to any Special Assessment. 5. DATE OF COMMENCEMENT OF ANNUAL ASSESSMENTS; DUE DATES: The annual assessment provided for herein shall commence on date of conveyance of title to that Lot to the Owner of such Lot. Thereafter, the form and means of written notice of the annual assessment shall be established by the Board of Directors. The Association shall upon demand at any time furnish a certificate in writing signed by an officer of the Association setting forth whether annual and/or special assessments on a specified Lot have been paid. A reasonable charge may be made by the Board for the issuance of those certificates. Such certificates shat l be conclusive evidence of payment of any assessment therein stated to have been paid. 6. EFFECT OF NONPAYMENT OF ASSESSMENTS; REMEDIES OF THE ASSOCIATION: Any assessment which are not paid on or before the due date, as prescribed by the Board of Directors of the Association in writing, shall be delinquent and shall constitute a lien on the Lot against which said assessment is made. If the assessment is not paid on or before the due date, the assessment shall bear interest from the date of delinquency at the rate of eighteen percent (18%) per annum. The Association may take action against the Owner delinquent in the payment of assessments owed to the Association. Such action may include, but is not limited to, demand letters; collection letters from an attorney; actions to enforce a lien filed against the Owner's property; and other actions designated to obtain payment for financial obligation owed by an Owner. In taking these actions, whether one or more, the Association shall be entitled to collect the costs it has incurred in pursuing efforts to obtain payment from a delinquent Owner including, but not limited to, reasonable attorney's fees, whether related to the sending of collection letters, filing of collection lawsuit, or otherwise, court costs, interest and such other expenses as the Association reasonably incurs in pursuing its efforts to collect delinquent assessments form an Owner. No Owner may waive or otherwise escape liability for the assessments provided for herein by non -use of the Common Area or abandonment of his Lot. Notwithstanding any provision herein to the contrary, this paragraph 6 shall not apply to the Declarant. 7. SUBORDINATION OF THE LIEN TO MORTGAGES. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage now or hereafter placed upon any Lot subject to assessment; provided, however, that such subordination shall apply only to the assessments or installments thereof which have become due and payable prior to the sale of such Lot pursuant to a foreclosure of such mortgage or transfer or conveyance in lieu of such foreclosure. Such sale pursuant to such foreclosure or such transfer or conveyance in lieu of such foreclosure shall not relieve such Lot from liability for any assessments or installments thereof thereafter becoming due or from the lien of any such subsequent assessments or installments. 8. EXEMPT PROPERTY: The following property subject to this Declaration shall be exempt from the assessments created herein: (a) all properties or interests therein dedicated to and acceptable by a local governmental body or public authority or conveyed to a public utility; provided, however, in the event of the dedication of an easement to a local governmental body, public authority, or public utility, the underlying servient estate shall not be exempt from assessment; and (b) the Common Area. ARTICLE VI USES OF LAND 1. LOT USE : All residential Lots of Lake Valley V -Phase 3 shall be used for single - family residential purposes subject to the terms, conditions, and provisions of OPUD 08- 0108 -01, which are the uses permitted by right or special exception in RS -3 Zoning Districts. No residential Lot shall be used for any business, commercial or manufacturing purpose, andno business or building of any kind whatsoever shall be erected or maintained thereon, except single - family residences. Provided, an Owner may utilize a "home office" for business purposes as long as business visitors, guests, and customers do not visit the Owner's Lot, and commercial vehicles do not regularly deliver supplies or materials and such business activities are conducted in a manner which does not interfere with the peaceful use and enjoyment of surrounding Owners. Provided, however, the Declarant may permit a model home or similar sales office to be implemented and maintained (including a temporary parking lot) by a builder for a fixed time period, at the Declarant's sole discretion. No Lot may be subdivided to accommodate two or more separate owners or dwellings. No structure shall be placed, altered, erected or permitted to remain on any Lot, which exceeds two (2) stories in height. No dwelling not meeting a specific building code identified by the Declarant may be moved onto a Lot. No structure of a temporary character may be used as a residence. No mobile home shall be moved into or be present in Lake Valley V -Phase 3, except that the Declarant or its designee(s) may use a mobile home as a temporary sales office. 0 2. RESERVE AREA: "Reserve Area ", as reflected on the recorded plat of Lake Valley V- Phase 3, shall be used as Common Area only. The Common Area has been granted by Declarant as a perpetual easement for the purposes of pedestrian access, open area, roadways, park area and related amenities, and for permitting the flow, conveyance, and discharge of storm water runoff from the Lots within Lake Valley V -Phase 3 and subdivisions within Lake Valley OPUD O1 -03 and/or 08 -01. Drainage facilities constructed in said Common Area shall be in accordance with standards prescribed by the City of Owasso and plans and specifications approved by the City Engineer of the City of Owasso. Said drainageway area and facilities shall be maintained by the Association in accordance with standards prescribed by the City of Owasso. In the event the Association should fail to adequately and properly maintain said drainageway area and facilities, the City of Owasso may enter upon said area, perform said maintenance, and the cost of performing said maintenance shall be assessed in the same manner as special assessments against all Members of the Association. All lot owners within each phase of Lake Valley OPUD O1 -03 and 08 -01 shall have access to the park area, playground equipment, swimming pool and clubhouse within any common area of each phase of the Lake Valley OPUD 01 -03 and 08 -01. Access by any lot owner within any phase of the Lake Valley OPUD 01 -03 and 08 -01 to a particular common area of the Lake Valley OPUD 01 -03 and 08 -01 shall be subject not only to membership in the Association, but also to payment of the assessments (including special assessments) described in Article V hereof. 3. NUISANCE: No noxious or offensive activity of any kind shall be carried on upon any Lot or the Common Area, nor shall anything be done thereon which may be or may become a nuisance or annoyance to the neighborhood. No exterior speaker, horn, whistle, bell, or other sound device, except security and fire devices used exclusively for security and fire purposes, shall be located, used or placed on a Lot. Activities expressly prohibited on Lots are those which may be offensive by reason of odor, fumes, dust, smoke, noise, vision, vibration, or pollution, or which are hazardous by reason of excessive danger, fire, or explosion. 4. ANIMALS: No animals, livestock, or poultry of any kind shall be kept on any Lot except for a total of three (3) household, domestic pets and the suckling young of said animals; provided, however, that no more than two (2) adult dogs shall be maintained on any Lot. Excessive barking by any dog shall, in the sole opinion of the Declarant or the majority of the Board of Directors of the Association, be deemed a nuisance and immediately subject the dog to impound and the Owner thereof to a fine levied by the Association in an amount determined by the Association in accordance with its established rules and regulations (not to exceed $100.00 per day), and /or to such other actions as the Association may determine appropriate. The amount of such fine, if not paid by its due date, shall become a lien upon the Owner's Lot and subject to enforcement and foreclosure as set forth in Article V hereof. Animals shall not be kept, bred or maintained for any commercial purposes. Whenever in the opinion of the Declarant or Board of Directors or authorized committee of the Association, an animal is deemed offensive to surrounding property Owners and/or a nuisance to the public, the Owner of such animal shall remedy such excessive noise or nuisance within forty -eight (48) hours from the date notice (oral or written) is delivered to such Owner by the Declarant or the Association. All animals must be fenced in or kept on a leash. Animal shelters, subject to the rules and regulations of the Association, shall be screened from view from any street unless built in conformity to the requirement for '9 outbuildings herein. No exotic animals shall be permitted on any Lot or the Common Areas; provided, however, domestic pets shall be permitted within the Common Areas subject to the rules and regulations of the Association. Unleashed animals shall not be permitted to roam on the Common Area, any park areas or reserve areas, and at the option of the Declarant or the Association, steps may be taken to control any animals not under the immediate control of their owners, including the right to impound such animals and to charge fees for their return. 5. MAINTENANCE: All Lots and improvements thereon, including but not limited to, the residential structure, out building, if any, fences, if any, landscaping and other improvements shall be kept at all times in a neat, attractive, healthful and sanitary condition. All Lots shall be kept free from rubbish, litter and noxious weeds. All structures, landscaping and improvements placed upon any Lot shall be maintained in good condition and repair at all times. Each Lot shall be subject to an easement in favor of Declarant and/or its designees for access to make reasonable grading and repair work, as well as to allow for the free flow of storm water across portions of such Lot; such entry shall be made only at reasonable times and with as little inconvenience as possible to the Owner of the Lot being entered, and with advance notice to such Owner. Such easement shall not permit entry into any residence or garage, and any damage caused to the Lot or adjoining property entered by virtue of use of such easement shall be repaired at the sole expense of the Owner whose property was the object of the repair work. All yard equipment shall be screened from view of neighboring lots, streets, or other property. Maintenance of residential structures and Lots shall also comply with rules and regulations published by the Association, including, but not limited to architectural control requirements; provided, however, the Declarant reserves control over all architectural requirements relating to the construction of all improvements until such time as the Lot or Common Area containing such structure is transferred to an Owner occupant or the Association, respectively. Upon such transfer to an Owner occupant or the Association, as the case may be, no building, residence, fence, wall or other structural or landscaping improvement shall be commenced, erected or maintained upon any of the Lots within Lake Valley V -Phase 3, nor shall any exterior addition to or change or alteration therein, or change in the exterior appearance thereof, or major change in landscaping be made, until such matter is approved in writing by the Association's Board of Directors. 6. WIND GENERATORS; SOLAR COLLECTORS: No wind generators or solar collectors shall be installed on the Common Area or any other reserve. Further, no wind generators or solar collectors shall be installed on any Lot or residence thereon without the prior written approval of the Declarant or the Association in advance of its installation. CLOTHES LINES: The drying of clothes on any Lot in public view is prohibited. 8. STORAGE: No outside storage or keeping of building materials, tractors, mowers, equipment, implements or salvage on any Lot shall be permitted; provided, however, building materials may be stored on a Lot for a period of thirty (30) days prior to the start of construction and construction shall be completed within nine (9) months after the pouring of the footing. 10 9. WASTE: No Lot shall be used or maintained as a dumping ground for rubbish, trash, garbage or other wastes, All waste shall be kept in sanitary containers and all equipment for storage or disposal of such material and all Lots shall be kept in a clean, neat and orderly manner which shall be kept on such Lot and stored from public view, until such day as may be designated for collection of such containers or material. All Lots and all easements thereon shall be kept clean, neat and mowed to the street by the Owner of said Lot. All residential waste containers must be removed from the curbside and screened from roadway view within twelve (12) hours after refuse collection vehicles empty the containers. 11. COMPLIANCE WITH LAWS: Each Owner shall comply with all laws, statues, ordinances, rules and regulations of Federal, state or municipal governments or authorities, including the municipal codes of the City of Owasso, and requirements applicable to use, zoning, occupancy of the Lot and premises and maintenance of improvement thereon. Furthermore, the Plat of Lake Valley V -Phase 3 and all construction and other activity relative thereto shall be subject to and in conformity with the OPUD -08 -01 and any supplements or addendums thereto. ARTICLE VU ARCHITECTURE, SIZE, MATERIALS, PLANS AND SPECIFICATIONS 1. PLANS AND SPECIFICATIONS: A complete set of plans and construction specifications including materials for any structure proposed to be erected must first be submitted to the Declarant and written approval thereof obtained from the Declarant or its agent prior to the commencement of any construction upon each and all of the Lots in Lake Valley V -Phase 3. In addition, unless waived by the Declarant in writing, based on hardship, economic considerations or other reasons which will not interfere with the harmony of design or diminish property values in the neighborhood, the following standards shall apply to all dwellings in Lake Valley V -Phase 3: (a). Dwelling Size. All dwellings shall have a minimum living space of at least 1,050 square feet. Square footage shall be computed for living space, exclusive of porches, patios, and garages. (b). Masomv. All dwellings shall have at least seventy percent (70 %) of the exterior walls (up to the first floor plate line) thereof comprised of brick, stone or masonry siding; provided, however, that the area of all windows, covered porches and doors located in the exterior walls shall be excluded in the determination of the area of said exterior walls. In particular cases, the Declarant reserves the right to permit Dryvit brand or similar exterior construction material in lieu of brick or stone. (c). Garages. All dwellings shall have attached garages suitable for accommodating a minimum of two (2) standard size automobiles. All garages shall be accessed by an overhead garage door. Carports shall not be permitted. 11 (d). Patio Roof, All patio roofs shall be an integral part of the residence such that they are contained within the roofline and shall be constructed with the same design, shingle color and materials as the residence. (e). Driveways. All driveways into a Lot from any street shall be constricted of concrete and shall not be less than sixteen (16) feet in width. (f). Mailboxes. All mailboxes shall be of a uniform structure and color and shall be constructed in accordance with a written plan/diagram and specifications to be approved by Declarant prior to constriction. (g). Roof Pitch: Materials. Roof materials shall be Heritage II or comparable composition shingles of equal or better quality, and shall be of such color scheme approved by the Declarant prior to installation. (h). Sodding, Landscaping. The front, back and side yards of each lot shall be fully sodded upon the completion of the construction of any residence. Each lot shall have a reasonable landscape package in the front yard upon completion of the construction of any residence. (i), Heating and Air Conditioning Requirements, All residences in Lake Valley V -Phase 3 shall be constructed with central heat and air systems. No portable, window or wall -type heating or air conditioning units shall be permitted. 2. NO WARRANTY AS TO PLANS: Notwithstanding anything herein to the contrary, the Declarant shall not be liable for any approval, disapproval or failure to approve any plans or specifications hereunder, and its approval of building plans shall not constitute awarranty of or responsibility for building methods, materials, procedures, structural design, grading, drainage, restrictive covenant compliance or code compliance. The approval, disapproval or failure to approve of any building plans shall not be deemed a waiver of any restrictions, unless the Declarant is herein authorized to grant the waiver and the Declarant did, in fact, grant the waiver. It is the responsibility of each Lot Owner, and not the Declarant, to insure that such Owner's grantor and /or builder has caused the subject Lot, and all improvements thereto, to be in full compliance with all relevant codes, covenants and restrictions imposed upon Lake Valley V -Phase 3. SET -BACK LINES AND LOT DIMENSIONS: No buildings, outbuildings, structures, or parts thereof shall be constructed or maintained on lots nearer to the property lines than the set -back lines provided'herein or shown on the accompanying plat. Unless otherwise provided by easement or set -back lines shown on the accompanying plat, the minimum building set -back lines for dwellings or other outbuilding structures shall be: Front Yard: 20 feet Corner Lot Side Yards: 15 feet Side Yards (except coiner lot): 5 feet (each side) or 10 feet one side and 0 feet on the other side provided no side yard shall be less than the width of any utility easement 12 located within the Lot and along the side lot line Back yard: 15 feet The frontage and minimum depth of a Lot shall be as shown on the recorded Plat for Lake Valley V -Phase 3. No building, whether principal or accessory, shall encroach upon any easement. Except as above modified or otherwise set forth in OPUD 08 -01, a Lot shall comply with the bulk and area requirements of the RS -3 Residential Single Family District as set forth within the Owasso Zoning Ordinance, 4. FENCES: No front yard fence shall be erected on any Lot closer to any street than the front of the main structure without the prior written approval of the Declarant. Except as described below, all fences shall be six (6) feet in height and made of wood privacy fencing. No fences shall be constructed upon walkways or access easements, which would impair or hinder the intended use thereof. A fence must be erected and well - maintained between each house from the side of the house extending to each respective owner's lot line. Said fence should be installed so as to prevent a view into the back yard of a lot from the street fronting the lot. No fences shall be constructed on overland drainage areas or upon walkway or access easements which would impair or hinder the intended use thereof. Furthermore, wood privacy fences shall, if necessary, be trimmed at the bottom of the fence so as to permit storm water to run under the fence to an area with a lower grade of elevation. Interior Fencing or Walls shall not extend beyond that point nearest the street at each end corner of the residence on the Lot. On corner lots, side yard fences shall be installed and well - maintained, so as to prevent a view into the back yard from the street running along the side of the structure. Side yard fences can be no closer to the street than five (5) feet from the property line for that side yard. (a) The Declarant reserves the right and easement, in its sole discretion, to construct fence of its choosing along the property lines of the Subdivision, which fence shall be maintained by the Association. (b) In the event a side or rear fence is constructed adjacent to a Reserve Area, the Owners of such Lots shall construct a woodrail with attached black coated chainlink fence along such side and/or rear yard(s) which abuts a Reserve. (c) The Declarant, in its sole discretion, reserves the right and easement (but in no event shall be obligated) to construct a fence of its choosing within any Reserve shown on the Plat which shall be maintained by the Homeowner's Association. (d) All other fences shall be a wood privacy except the Declarant may, in its sole discretion, approve in writing the use of an alternative fencing material on a case by case basis. No barbed wire, meshed or other metal fencing is allowed in any area of the Subdivision. No fence over six feet (6) tall is permitted unless approved by the Declarant in writing. Fences located on exterior sides of corner Lots facing a street shall not extend beyond seven and one -half (73) feet from the exterior sidelines and shall be wood privacy fencing. 13 (e) All fencing shall be approved by the Declarant in writing prior to its construction; provided, however, upon the transfer of a Lot to an Owner occupant, the construction, repair or replacement of any fence and the materials used therefor upon such Lot shall be approved by the Association in writing prior to such construction, repair or replacement. All fences within Lake Valley V -Phase 3 shall be neatly maintained by the Owner thereof. The Declarant reserves the right, but shall not be obligated, to enter upon such Lots in order to maintain, repair or stain such fencing in a manner which the Declarant, in its sole discretion, believes to be reasonable and appropriate, and the cost thereof shall be charged back to the Lot Owner as a lien and shall be governed by Article V hereof. 5. OUTBUILDINGS: Portable storage buildings are allowed provided they do not exceed 100 square feet in size and 8 feet in height, unless otherwise approved in writing by the Declarant. Further, no detached structure or building for purely ornamental or other purposes shall be erected on any part of any Lot without the prior written consent of the Declarant. 6. ANTENNAE: No television, radio, or other antennae or reception devices, other than an eighteen (18) inch or smaller television satellite dish, shall be constructed or maintained on any Lot without the written approval of the Declarant. Satellite dishes permitted herein shall be installed and maintained on the backside of the residential structure and shall not be visible from streets in front of said structure. NOISE POLLUTION: Each builder of residences on the Lots will cause adequate noise pollution control measures to be incorporated into the design and construction of the single - family residences as may be required by the City of Owasso, or any other governmental (state or federal) body or agency. ARTICLE VIII PARKING STORAGE AND EASEMENTS 1. VEHICLES, BOATS, RVS: No vehicle, motorcycle, motor bike, camper, trailer or boat, whether or not operable, (collectively referred to as "Vehicles ") shall be kept, parked, stood or stored on any residential lot for more than forty-eight (48) hours during any seventy-two (72) hour period, except in a garage or otherwise completely screened from view of neighboring lots, streets or other property by privacy fencing not to exceed 6 feet in height. Vehicles shall not be kept, parked or stood on the yard. Residents` Vehicles (or Vehicles under their dominion and control) shall not be parked or stood in any street, nor in any other manner which impairs or impedes sidewalk use. It is intended that lot owners keep their respective garages free from clutter and debris so that garages may be consistently used for the parking and/or storage of Vehicles. 3. EASEMENTS: The Declarant reserves for itself, for the Association and for the Owner of each Lot the right to locate, construct, erect and maintain, or cause to be located, constructed, erected and maintained, in and on the areas indicated on the plat as easements, sewer and other pipelines, conduits, poles and wires, and any other method of conducting or performing any quasi - public utility or function above or beneath the surface of the ground with the right of access at any time to the same for the purpose of repair and maintenance. The Owner of any Lot abutting the Common Area and who must, in order to avail himself of utilities, enter 14 and/or cross the Common Area, shall have an easement to do so provided that said Owner shall use the most direct, feasible route in entering upon and crossing said Common Area and shall restore the surface of the Common Area so entered and/or crossed to its original condition at the expense of the said Owner and hold Declarant and Association harmless from any damage caused by such activity, provided, where necessary, for an adjacent Property Owner to enter property to maintain a fence, party wall or other improvement constructed on the boundary of the Owner's Lot, the procedures set forth in Article VI, paragraph 5 above shall apply. 4. DRAINAGE. Each Lot shall receive and drain in an unobstructed manner the storm and surface waters from lots and drainage areas of higher elevation and from public streets and easements. No Lot Owner shall construct or permit be constructed any fencing or other obstructions which would impair the drainage of storm and surface waters over and across their lot. The Declarant expressly reserves the right to enter upon each Lot for the purpose of resolving or curing drainage issues related to adjacent or nearby Lots. ARTICLE IX RE- ARRANGING RE- SUBDIVIDING OR RE- PLATTING No re- arranging, re- subdividing or re- platting of Lake Valley V -Phase 3 may be done without the prior written consent of the Declarant until such time as it has sold all the Lots, after which consent of the Association shall be required for such action. ARTICLE X SIGNS AND BILLBOARDS No signs or billboards are allowed on a Lot without the prior written approval of the Declarant; provided that one sign of not more than five (5) square feet advertising the sale or rent of said Lot, or signs of the same size limitation used for the purpose of campaigning for a result in any political election, shall be permitted. Notwithstanding the foregoing, the Declarant, or its designees, may display such signage as the Declarant, in its sole discretion, deems necessary for the promotion, sales and /or rental of property owned by the Declarant or its designees. ARTICLE XI DECLARANT'S RESERVED RIGHTS I. GENERAL: In addition to any rights or powers reserved to Declarant or granted to Declarant under the provisions of the Lake Valley V -Phase 3 Deed of Dedication or this Declaration, Declarant shall have the rights and powers set forth in this Article. Anything in this Declaration to the contrary notwithstanding, the provisions set forth in this Article shall govern. If not sooner terminated as provided in this Article, the Declarant's Authority as set forth herein shall terminate and be of no further force and effect form and after such time as Declarant is no longer vested with or controls title to all Lots and/or other property within Lake Valley V -Phase 3, after which the provisions of this Article and the rights and powers of the Declarant shall vest in the Association; provided, however, nothing shall prohibit the Declarant from transferring any ofDeclarant's rights and/or authority to the Association prior 15 to Declarant being divested of title to all Lots and other property with Lake Valley V -Phase 3, all as Declarant and the Association shall mutually agree by express written agreement. 2. PROMOTION OF LAKE VALLEY V -PHASE 3: In connection with the promotion, sale or rental of any improvements upon any property in Lake Valley V -Phase 3: (a) Declarant shall have the right and power, within its sole discretion and for as long as Declarant owns any Lot, to construct such temporary or permanent improvements, or to do such acts or other things in, on or to such property as Declarant may determine to be necessary including, without limitation, the right to construct and maintain model homes, sales or leasing offices, parking areas, advertising signs, lighting and banners, or other promotional facilities at such locations and in such forms as Declarant may deem advisable; and (b) Declarant and its respective guests, agents, prospective purchasers and tenants, shall have the right of ingress, egress and parking in and through, and the right to use and enjoy the Common and reserve areas at any time without fee or charge. CONSTRUCTION ON PROPERTY WITHIN THE ADDITION: Declarant is hereby granted the right and power to make such improvements to any properly within Lake Valley V -Phase 3 as Declarant deems to be necessary or appropriate. The Declarant may permit builders and other contractors access to and upon the Common Area as Declarant may wish and subject to such limitation and condition as Declarant may require. Declarant and its respective agents and contractors shall have the right of ingress, egress and parking on the Common Area and the right to store construction equipment and materials on the Common Area without the payment of any fee or charge whatsoever. 4. O'T'HER RIGHTS: Declarant shall have the right and power to execute all documents and do all other acts and things affecting Lake Valley V -Phase 3 which Declarant determines are necessary or desirable in connection with the rights of Declarant under this Declaration, including, but not limited to, the right to designate another entity of the Declarant's choice including, without limitation, the Association, to assume or exercise the rights herein reserved to the Declarant. ARTICLE XII MISCELLANEOUS 1. ENFORCEMENT: The Declarant, Association, or any Owner, whether acting jointly or severally, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration; provided, however, the Declarant and the Association shall not be obligated to enforce any condition, covenant, restriction, reservation, lien or charge through legal proceedings or otherwise. Failure by the Declarant, Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. 2. REMEDIES: If any person shall violate or attempt to violate any of the covenants, conditions or restrictions herein, the Declarant, Association and any Owner shall have standing to prosecute any proceedings at law or in equity against the person violating the 16 same to prevent the violation or to recover damages for such violation. In any action brought to enforce any provision hereof against any Owner or third party, the prevailing party shall be entitled to an award of reasonable attorneys' fees, expenses and costs. 3. VARIANCE: The Declarant, in its sole and reasonable discretion, shall have the right to grant approvals required by these covenants, conditions and restrictions, and to waive or vary these covenants, conditions and restrictions based upon conditions peculiar to an Owner's particular Lot or circumstances. Until such time as the Declarant has sold all of its Lots in Lake Valley V -Phase 3, the Association shall have the right to grant such approval, waiver or variance upon the prior written consent of the Declarant. Provided, however, any variance granted by the Declarant or the Association shall be in the interest of the Owner requesting such variance, consistent and in harmony with the construction and architectural guidelines and restrictions within Lake Valley V -Phase 3, shall not interfere with the peaceful use and enjoyment of their property by adjoining Lot Owners, and shall not decrease the property values in the neighborhood. Notwithstanding anything herein to the contrary, the Declarant shall have no liability for variances which do not conform to the standards set forth herein, in law or in equity. 4. CORRECTION ASSESSMENT: In the event that the Owner of any Lot shall violate any covenant herein, the Board of Directors of the Association or the Declarant shall have the right, upon five (5) days advance notice to the Owner of the Lot where the covenant violation(s) exists, and provided such violation is not corrected within the time period provided for in the notice, to enter upon said Lot and to remedy the violation(s). The cost for curing the violation(s) shall thereupon be assessed against the Lot and shall be a lien on such Lot, which may be enforced and foreclosed as contained in Article V herein. 5. FLOOD CONTROL AND EASEMENTS: The flood control and drainage easements which may be granted by Declarant in Lake Valley V -Phase 3 are for drainage purposes. It shall be the responsibility of the Owners of the Lots on which such easements are located to maintain such easement for drainage purposes until such time as the governing body exercising jurisdiction elects to assume responsibility for maintenance and improvement of drainage, provided, further, that no obstruction(e.g., no barbecue pits, swimming pools, etc.) trash or other debris shall be placed on or within said easements, nor shall any fill, change of grade, creation of channel, or other work be carried on without permission of the City of Owasso, Department of Engineering. No grading, scraping, excavation or other re- arranging or puncturing of the surface of any Lot shall be commenced which will or may tend to interfere with, encroach upon or alter, disturb or damage any surface or subsurface utility line, pipe, wire or easement, or which will or may tend to disturb the minimum or maximum sub - surface depth requirement of any utility line, pipe, wire or easement. No obstruction shall be placed on any Lot which would direct storm water onto another Owner's Lot or onto any Common Area. 6. NO WAIVER: The failure of the Declarant, Association, Owner or any grantor, or any successor in title, to enforce any given restriction or covenant, or condition at any time, shall not be deemed to be a waiver or relinquishment of any right or remedy, nor a modification of these restrictions and protective covenants. 17 SEVERABILITY: Invalidation of anyone ofthese covenants, restrictions or conditions by judgment or court order shall in noway affect any other provisions which shall remain in full force and effect. 8. DISCLAIMER OF WARRANTY: Except as expressly provided in writing, Declarant makes no warranty, express or implied, regarding Lake Valley V -Phase 3, including (without limitation) any Common Area or improvement therein, the sufficiency of utilities, the stormwater management design, the workmanship, design or materials used in every improvement, including without limitation any express or implied warranty of merchantability, habitability, liability, fitness or suitability for any particular purpose or use or any warranty of quality. BINDING EFFECT; AMENDMENT: The covenants, conditions and restrictions of this Declaration shall run with and bind the land, and shall be binding upon all parties and all persons claiming under them, and shall inure to the benefit of and be enforceable by the Declarant, Association and the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of ten (10) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years. The covenants and restrictions of this Declaration may be amended, in whole or in part, modified, added to or changed at any time during the first ten (10) year period by an instrument signed by the Owners of not less than sixty percent (60 %) of the Lots, and thereafter at any time by an instrument signed by the Owners of not less than fifty -one percent (51 %) of the Lots. Any amendment must be properly recorded. Notwithstanding the foregoing or anything else herein to the contrary, the Declarant reserves the right to grant variances therefrom in particular cases and further provided that they may be amended as follows: (a). SPECIAL AMENDMENT. This Declaration may be amended unilaterally by Declarant at any time (i) if such amendment is necessary to bring any provision hereof into compliance with any applicable governmental statute, rule or regulation or judicial determination which shall be in conflict therewith; (ii) if such amendment is required by an institutional or governmental lender or purchaser of mortgage loans, to enable such lender or purchaser to make or purchase mortgage loans on the property subject to this Declaration; (iii) if such amendment is necessary to enable any governmental agency or reputable private insurance company to insure mortgage loans on the property subject to this Declaration; (iv) to correct errors and make clarifications or additions in this Declaration; or (v) to modify or add to the provisions of this Declaration to adequately cover situations and circumstances which Declarant believes, in its reasonable judgment, have notbeen adequately covered and would not have a material and adverse effect on the marketability of Lots. In furtherance of the foregoing, a power coupled with an interest is hereby reserved and granted to Declarant to make or consent to any such amendment on behalf of each Owner. Each deed, mortgage, other evidence of obligation or other instrument affecting a Lot and the acceptance thereof shall be deemed to be a grant and acknowledgment of, and consent to the reservation of, the power to Declarant to make, execute and record such amendments. The right and power of the Declarant to 1E make such amendments hereunder shall terminate at such time as Declarant has sold all of its Lots in Lake Valley OPUD 01 -03 and 08 -01. (b). GENERAL AMENDMENTS: Upon the conversion of all Class B membership into Class A membership, (i) the provisions of this paragraph 9 may be amended only by an instrument executed by all of the Owners; and (ii) any provision relating to the rights of Declarant may be amended only with the written consent of Declarant. No amendment shall be effective until properly recorded. "Owners" shall not be deemed to include mortgagees or other persons holding liens on any lot and such mortgagees and other lienholders shall not be required to join in any amendment to this Declaration. IN WITNESS WHEREOF, the undersigned, being the Declarant herein has hereunto set its hand and seal this day of October, 2015. LAKE VALLEY INVESTMENT GROUP, L.L.C. an Oklahoma limited liability company By: Kourtis Property Management, Inc. an Oklahoma corporation Its Manager in Pete Kourtis, President 19 STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA ) Before me, the undersigned, Notary Public, in and for said County and State, on this day of October, 2015, personally appeared Pete Kourtis, to me known to be the identical person who executed the foregoing Declaration of Covenants, Conditions and Restrictions as President of Kourtis Property Management, Inc., an Oklahoma corporation, as Manager of Lake Valley Investment Group, L.L.C., an Oklahoma limited liability company, and acknowledged to me that he executed the same as his free and voluntary act and deed, and as the free and voluntary act and deed of said Company, for the uses and purposes therein set forth. WITNESS my hand and seal the day and year above written. My Commission Expires: Commission N 20 Notary Public Lake Valley V - Phase 3 Ili■ - - 1 '�� - -- !- �� .� CIS : C =;� __ u,YY 4 or .� _ iTl�l�iii Y7�� 7 - -- °, °° _ - �� _ O�O�i�O�i�i�i�' it �: _ — �� 1111 111 • F•�' :: ins = Y� ■ ■, .� �. . ��jil ■�r �.■ ■ tit �� ■■ •� �,�� 05/0512015 This map represents a visual display .geographic Data provided hereon is not a guarantee of actual field conditions. To . plete accuracy. please contact Owasso staff for the most up4o-date Lake Valley V, Phase III 1" = 376 ft Final Plat 05/07/2015 This map represents a visual display of related geographic information. Data provided hereon is not a guarantee of actual field conditions. To be sure of complete accuracy. please contact Owasso staff for the most up-to -date Information. The City Wit oul Limits. TO: The Honorable Mayor and City Council City of Owasso FROM: Julie Trout Lombardi City Attorney and General Counsel SUBJECT: Amendment to Ordinances Governing Door -to -Door Solicitors DATE: May 8, 2015 BACKGROUND The chapter within the Owasso Code of Ordinances governing door -to -door solicitors was previously amended in June, 2011 at which time additional requirements to obtain a solicitor's permit were imposed. Despite the enhanced requirements, commercial door -to -door solicitors in Owasso continue to present numerous challenges and concerns for citizens and law enforcement. Consequently, staff suggests supplemental amendment of the solicitor ordinances creating a "No Knock" list limitation. This provision would allow citizens to place their addresses on a "No Knock" list. The list would be provided to solicitors with their permit and they would be prohibited from soliciting at all addresses on the "No Knock" list. Failure to comply could result in revocation of the solicitor's permit. It is important to recognize that a "No Knock" list provision would not be applicable to non - profit vendors (such as school groups, Girls Scouts, etc...) or persons seeking to disseminate political or religious information. Only commercial door -to -door vendors would be affected by this amendment. In addition, the proposed amendments would exempt non - profit youth organizations from all requirements in this section, including the necessity of obtaining a permit before engaging in door -to -door solicitation. The vast majority of youth organizations currently do not obtain permits before soliciting goods for sale door -to -door, and it may be preferable not to require them to do so. Other non - profit organizations will still be required to obtain a solicitor's permit but will not be assessed a fee. The proposed amendments strike the current fee schedule and provide that Solicitor's license fees shall be set by resolution approved by the City Council. The cost of the license fee shall include a background check obtained online by City staff. Staff is currently evaluating online options for obtaining background checks, and will propose license fee recommendations to the Council prior to placing the proposed amendments on an agenda as an action item. PROPOSED ACTION: Staff recommends consideration and discussion of the proposed amendments to the Owasso Code of Ordinances, Part 9, Chapter 1. ATTACHMENT Proposed Amendments to Owasso Code of Ordinances, Part 9, Chapter 1 CHAPTER 1 SOLICITORS Section 9 -101 Definitions Section 9 -102 Issuance Section 9 -103 License Required Section 9 -104 Application Required Section 9 -105 Display of License Section 9- 1051A1 No Knock List Section 9 -106 Prohibited Acts Section 9 -107 License Record Section 9 -108 License Period and Fee Schedule Section 9 -109 Transfer of License Prohibited Section 9 -110 Replacement of Lost License Section 9 -111 Grounds for Denial or Revocation of License Section 9 -112 Process of Revocation or Denial of License and Appeal Section 9 -113 Penalty SECTION 9 -101 DEFINITIONS The listed terms and phrases, as used in this section, shall be defined as follows: License: The written authority of the City, issued by its duly authorized agent, employee or officer, conferring permission on some person to pursue and exercise a trade, occupation, or business for a definite period of time within the limits of the City, under the conditions prescribed by ordinance. 2. Solicit: Includes any one or more of the following a. Selling or offering for sale, or taking or attempting to take orders for the sale of goods or services of any kind character or description; b. Requesting directly or indirectly contributions of funds on the plea or representation that such contributions will be used for a charitable purpose. C. QlV,lVGSS ;Rg „F "Peddling as defined in this section. 3. Solicitor: Any person who solicits . RAI 4. Peddle: To travel from house to house, door to door, street to street, or place to place offering services for sale or carrying, conveying, or transporting goods, wares, or merchandise for the purpose of offering and exposing the some for sale. 5. Peddler: Any person who peddles for himself Ar Any other peFSGR. State Law Reference: Municipal powers to levy occupational license taxes, 11 O.S. Sections 22 -106, 22 -107. SECTION 9 -102 ISSUANCE A. The issuance of all licenses, collection of all license fees, inspection of all licenses, and the enforcement of license conditions and revocation of licenses, shall be under the jurisdiction of the City Clerk, except where such duties are placed elsewhere by the ordinance prescribing the particular license. B. No license for soliciting shall be issued until a satisfactory application has been submitted and approved, the required license fee has been paid to the City Clerk and all other conditions and requirements under this section have been satisfied. SECTION 9 -103 LICENSE REQUIRED It is unlawful for any person, firm or corporation, either as principal, officer, agent, servant or employee, other than non - profit youth organizations, to engage in any of the callings, trades, professions or occupations for which a license is required in this section, including soliciting, without first paying to the City Clerk the required fee and procuring a license as required by this section from the City Clerk. SECTION 9 -104 APPLICATION REQUIRED Applicants for a Solicitor's license must complete and submit an application provided by the City Clerk which shall include no less than the following information and attachments: 1. Name and current address of the individual, business, or organization, to include phone and email contact information; 2. Details of solicitation, to include beginning and end date and description of goods or services to be sold; 3. Detailed personal information and physical description of solicitor(s); 4. Current, valid driver's license or state issued identification carde of solicitor; 5. Vehicle information relating to vehicles used in the solicitation, to include make, model, year, tag number and a copy of vehicle's current insurance verification;; 6. A statement as to whether or not the applicant has been convicted of a felony or misdemeanor involving moral turpitude within the past five 5 seventy (7) years; 7. Valid and current state sales tax permit information, unless the applicant can prove to the City Clerk's satisfaction that such permit is not mandated under the definition of the State Tax Code. SECTION 9 -105 DISPLAY OF LICENSE All persons issued a license under this section shall at all times display the license prominently on their person, shall carry at least one (1) form of photo identification and shall produce the license and photo identification for inspection and review at any time upon request by any City official, law enforcement officer or person to whom the the solicitor is attempting to solicit or peddle. a^rr, the I'Gonro With fhom a# all times while ongGgi I '# „r r 8ddliR these terms ere defined in this see#ie . A Seliei#o,- CCII I'�QJJII lg GI�JGQQIII 19 QTII Ip3G —I GI ehn11 PFGd Ge the I ;GE?RSe fGr iRspeGtiGR YRGI ' —quest by City GRY nffi G!Gl IGW or,fGrG nt ,-.ffiGeF Gr r-In ether n n fn ..,h rim the I'G e h Ird c r-ItteMptiRg tG SeIiGit GGRVGSS ,ter Peddle. Section 9- 105(A) NO KNOCK LIST 1. The City Clerk shall prepare and maintain a list of all residents within the City who desire to prevent soliciting and peddling at their residence which shall be known as the No Knock List. Residents of the City who desire to have their addresses placed on the No Knock List may do so by contacting the City Clerk's office. 2. Solicitors must obtain a copy of the No Knock List from the City Clerk's office at the time they obtain a license and are expressly prohibited from soliciting or peddling at any residence listed on the No Knock List Contacting residents in disregard of the No Knock List may result in revocation of a Solicitor's license and /or assessment of a fine. 3. This provision shall not apply to non - profit organizations groups and associations. SECTION 9 -106 PROHIBITED ACTS The following acts are prohibited and may result in the revocation of any person's license: 1. It shall be unlawful for are Solicitor to ring the bell, or knock on the door, or otherwise attempt to gain admittance for the purpose of soliciting at a residence or dwelling which is listed on the No Knock List or upon which a sign stating "No Solicitors," "No Trespassers," or words of similar import indicating such persons are not wanted on the premises, is painted, affixed or otherwise plainly displayed to public view either on or near the primary entrance of the residence. This paragraph shall not apply to any Solicitor who gains admittance to a residence either by invitation or consent of the residence's occupant. 2. It shall be unlawful for any Solicitor to solicit between the hours of dusk and 9:00 a.m. SECTION 9 -107 LICENSE RECORD The City Clerk shall maintain a record of all Solicitor licenses issued under this section showing the date of the issuance, the person to whom the license was issued and the time period covered by the license. SECTION 9 -108 LICENSE PERIOD AND FEE SCHEDULE A. The license fee which shall be charged by the City Clerk for a Solicitor license shall include the cost of a background check and shall be established by resolution of the City Council.be deter^.;ned u RdeF the f^" Rg SGhed . . _ ... NAMURMhaRM B. No license fee shall be charged to a non - profit organization. A non- profit organization is defined as any organization or corporation organized not for profit but for the promotion of the welfare or education of others and which is exempt from federal and /or state income tax by virtue of its non-profit status. A registration form shall be completed and submitted whenever members or representatives of a non-profit will be soliciting- GGRuessiag or peddling within the City. SECTION 9 -109 TRANSFER OF LICENSE PROHIBITED No Solicitor license may be sold or otherwise transferred. Each license is issued on consideration of the fitness of an applicant to hold that license and shall not be transferred. SECTION 9 -110 REPLACEMENT OF LOST LICENSE Whenever an original license has been lost or destroyed, the City Clerk shall issue a duplicate license. A fee of Five Dollars ($5.00) shall be made and collected for each duplicate license. SECTION 9 -111 GROUNDS FOR DENIAL OR REVOCATION OF LICENSE 1. Licenses issued under the provisions of this section may be denied or revoked by the City Clerk for any of the following reasons: 2. Fraud, misrepresentation, or false statement contained in application for license;. 3. Fraud, misrepresentation, or false statement made in the course of carrying on the business as a solicitor, exhibitor, or as a canvasser; 4. Conviction of any felony or misdemeanor involving moral turpitude within the past fivesevn (57) years; 5. Conducting the business of soliciting in an unlawful manner, or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, or general welfare of the public. This shall include soliciting at residences listed on the No Knock List or those plainly displaying a No Soliciting or No Trespassing sign as provided for herein. SECTION 9 -112 PROCESS OF REVOCATION OR DENIAL OF LICENSE AND APPEAL All licenses issued by the City shall be subject to revocation by the City Clerk upon any breach of any condition prescribed by ordinance for the regulation of such licensed occupation or in the event such licensee operates such licensed occupation or business in violation of the laws of the City or the state, or in violation of any law or regulation of the United States Government. The City Clerk's office shall give RGtiGe eithe notice either in person, by telephone or mail to the licensee of the denial or revocation of their license. If mailed, the notice shall be sent to the address listed on the application or license. The license shall stand revoked or denied from the time notice is made to the licensee either in person or by telephone or is received by mail by the licensee. Any licensee may appeal a denial or revocation to the City Manager within ten (10) days after delivery or receipt of the notice by filing a written request with the City Clerk for a hearing. The hearing shall be held by the City Manager or his or her designee. The appealing licensee may be represented by counsel. The hearing shall be conducted in an informal manner, but no license shall be revoked or denied except upon a preponderance of the evidence. The City Manager or his or her designee may affirm, modify or vacate the order of revocation or denial, and his or her decision shall be final. SECTION 9 -113 PENALTY Any person who engages in soliciting, canvassing or peddling without a valid license or permit as required, or who violates any provision of this section, is guilty of an offense, and upon conviction shall be fined, including costs as provided in Section 1 -108 of this code. Every day upon which a violation continues shall be deemed a separate offense. (Ord. 360, 12/2/86; 388, 5/17/88; 463, 6/15/93; 990 6/21/11) City of Owasso FY 2014 -2015 Monthly Sales Tax Comparisons $2,500,000 $2,000,000 ,o $20,000,000 $1,500,000 $1,000,000 $500,000 $0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Year -to -Date Sales Tax Totals $25,000,000 ,o $20,000,000 $15,000,000 $10,000,000 $5,000,000 $- Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun --- Budget Budget Last Year +Actual City of Owasso Sales Tax Report Budget to Actual Comparison May 9, 2015 2014 -2015 2014 -2015 Actual Collections Budget Projections Over (Under) Projection Amount Percent Amount Percent Amount Percent Jul $ 1,865,193.66 8.4% $ 1,870,945.01 8.4% $ (5,751.35) -0.3% Aug 1,820,787.95 8.2% 1,817,102,12 8.2% 3,685.83 0.2% Sep 1,832,861.33 8.3% 1,787,552.87 8.1% 45,308.46 2.5% Oct 1,896,450.88 8.5% 1,833,447.25 8.3% 63,003.63 3.4% Nov 1,808,170.81 8.1% 1,743,972.52 7.9% 64,198.29 3.7% Dec 1,862,935.76 8.4% 1,835,035.33 8.3% 27,900.43 1.5% Jan 2,125,525.34 9.6% 2,031,503.38 9.2% 94,021.96 4.6% Feb 2,004,466.42 9.0% 2,067,623.90 9.3% (63,157.48) -3.1% Mar 1,780,454.17 8.0% 1,690,164.04 7.6% 90,290.13 5.3% Apr 1,781,713.47 8.0% 1,750,846.41 7.9% 30,867.06 1.8% May 1,950,585.96 8.8% 1,883,537.30 8.5% 67,048.66 3.6% Jun Totals 20,311,730.13 91.5% $ 417,415.62 2.1% $ 20,729,145.75 914% $ City of Owasso Sales Tax Report Two Year Comparison May 9, 2015 Note: Fiscal Year 2015 Sales Tax Budget is $22.2 million; FY'14 actual was $21 million. Fiscal 2014 -2015 Fiscal 2013 -2014 Increase or (Decrease) Percent Percent Amount of Budget Amount of Actual Amount Percent Jul $ 1,865,193.66 8.4% $ 1,704,984.63 8.1% $ 160,209.03 9.4% Aug 1,820,787.95 8.2% 1,678,483.46 8.0% 142,304.49 8.5% Sep 1,832,861.33 8.3% 1,617,952.06 7.7% 214,909.27 13.3% Oct 1,896,450.88 8.5% 1,677,144.73 8.0% 219,306.15 13.1% Nov 1,808,170.81 8.1% 1,612,339.06 7.7% 195,831.75 12.1% Dec 1,862,935.76 8.4% 1,748,989.23 8.3% 113,946.53 6.5% Jan 2,125,525.34 9.6% 2,073,564.27 9.9% 51,961.07 2.5% Feb 2,004,466.42 9.0% 1,990,103.51 9.5% 14,362.91 0.7% Mar 1,780,454.17 &0% 1,544,058.21 7.3% 236,395.96 15.3% Apr 1,781,713.47 8.0% 1,696,815.27 8.1% 84,898.20 5.0% May 1,950,585.96 8.8% 1,813,882.69 8.6% 136,703.27 7.5% Jun Totals $20,729,145.75 $ 1,570,828.63 8.2/o $19,158,317.12 91.1% 93.4% Note: Fiscal Year 2015 Sales Tax Budget is $22.2 million; FY'14 actual was $21 million. City of Owasso Monthly Sales Tax Revenues Last Five Fiscal Years 2014 -2015 2013 -2014 2012 -2013 2011 -2012 2010 -2011 2009 -2010 Jul $ 1,865,193.66 $ 1,704,984.63 $ 1,630,956.50 $ 1,521,672.39 $ 1,485,552.57 $ 1,523,296.22 Aug 1,820,787.95 1,678,483.46 1,521,846.41 1,485,585.66 1,409,806.38 1,457,190.41 Sep 1,832,861.33 1,617,952.06 1,518,488.35 1,485,891.81 1,433,235.57 1,384,785.99 Oct 1,896,450.88 1,677,144.73 1,560,824.24 1,517,700.88 1,467,321.34 1,386,073.05 Nov 1,808,170.81 1,612,339.06 1,447,595.59 1,420,986.61 1,362,551.29 1,222,181.35 Dec 1,862,935.76 1,748,989.23 1,605,740.09 1,488,693.19 1,423,010.85 1,481,442.33 Jan 2,125,525.34 2,073,564.27 1,792,033.55 1,655,568.87 1,640,741.37 1,558,964.00 Feb 2,004,466.42 1,990,103.51 1,817,864.08 1,748,279.70 1,675,132.30 1,660,458.42 Mar 1,780,454.17 1,544,058.21 1,500,013.52 1,405,820.76 1,327,302.74 1,283,250.04 Apr 1,781,713.47 1,696,815.27 1,499,708.03 1,454,786.62 1,310,850.43 1,288,894.21 May 1,950,585.96 1,813,882.69 1,629,482.38 1,610,102.97 1,506,255.74 1,506,435.50 Jun 1,864,532.80 1,643, 877.95 1, 547, 918.80 1,487,182.33 1,513,72024 $ 20,729,145.75 $ 21,022,849.92 $ 19,168,430.69 $ 18,343,008.26 $ 17,528,942.91 $ 17,266,691.76 City of Owasso Monthly Use Tax Revenues Last Five Fiscal Years 2014 -2015 2013 -2014 2012 -2013 2011 -2012 2010 -2011 2009 -2010 Jul $ 50,297.74 $ 78,704.81 $ 33,564.91 $ 41,490.75 $ 42,547.09 $ 77,124.54 Aug 56,645.90 105,902.83 33,982.54 52,649.70 34,592.96 58,626.76 Sep 61,203.63 69,078.85 47,608.82 53,050.58 42,904.66 53,157.06 Oct 86,146.09 103,682.82 59,327.05 48,434.75 48,534.10 32,510.05 Nov 89,434.02 64,434.39 50,722.23 43,503.50 42,275.99 37,032.82 Dec 89,481.75 86,423.76 48,320.10 52,051.50 40,466.31 35,727.86 Jan 65,206.37 57,183.06 60,594.21 47,738.06 52,885.66 47,548.94 Feb 110,644.88 75,453.77 78,302.28 55,670.54 54,867.98 45,714.97 Mar 87,044.17 50,120.99 57,199.16 44,139.56 39,200.77 30,888.31 Apr 56,775.81 55,506.56 30,576.98 29,496.59 45,286.77 50,504.67 May 75,895.47 63,673.80 51,093.50 55,835.13 44,615.83 53,407.77 Jun 42,884.09 75,138.73 41,989.03 33,512.24 57,883.91 $828,775.83 $ 853,049.73 $626,430.51 $566,049.69 $ 521,690.36 $ 580,127.66