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HomeMy WebLinkAbout2015.05.19_City Council AgendaRECEIVED PUBLIC NOTICE OF THE MEETING OF THE MAY t c 2015 OWASSO CITY COUNCIL City Clerk's Office Council Chambers, Old Central Building 109 N Birch, Owasso, OK 74055 Regular Meeting Tuesday, May 19, 2015 - 6:30 pm 1. Call to Order Mayor Jeri Moberly 2. Invocation Father Brad Van Deventer of Anglican Church of Saint Paul 3. Flag Salute 4. Roll Call 5. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve minutes • May 5, 2015 Regular Meeting • May 12, 2015 Regular Meeting B. Approve claims C. Receive monthly budget status report 6. Consideration and appropriate action relating to items removed from the Consent Agenda 7. Consideration and appropriate action relating to OA -15 -03 annexing property located at 10010 N Mingo Rd Karl Fritschen Staff recommends approval of OA- 15 -03. 8. Consideration and appropriate action relating to the final plat of Lake Valley V, Phase III north of the existing Lake Valley neighborhood on the east side of N 145th E Ave, approximately 'A mile south of E 116th St N (SH -20) Karl Fritschen Staff recommends approval of the Final Plat for Lake Valley V, Phase III. 9. Consideration and appropriate action relating to Resolution 2015 -10, authorizing the City Manager or designee to approve change orders up to $25,000 per occurrence or 10% of any contract, whichever is less, subject to the limitations of the Public Competitive Bidding Act of 1974 Sherry Bishop Staff recommends approval of Resolution 2015 -10. Owasso City Council May 19, 2015 Page 2 10. Consideration and appropriate action relating to a request for an executive session for the purpose of discussing confidential communications between the City Council and the City Attorney concerning pending litigation styled Mike Denton v. City of Owasso et al., 13 -CV- 709-TCK-TLW, as provided for in Title 25, O.S. Section § 307(B)(4) Julie Lombardi 11. 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 to discuss the annual evaluation and contract of the City Manager. 12. Report from City Manager 13. Report from City Attorney 14. Report from City Councilors 15. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 16. Adjournment 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 15, 2015. Sherry Bish , City Clerk OWASSO CITY COUNCIL, OPWA, AND OPGA MINUTES OF JOINT REGULAR MEETING Tuesday, May 5, 2015 The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met in a joint regular meeting on Tuesday, May 5, 2015 in the Council Chambers at Old Central, 109 N Birch Street, Owasso, Oklahoma per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm on Friday, May 1, 2015. Prior to the joint regular meeting, Ms. Lombardi administered the Oath of Office for Ward 1 City Councilor /Trustee Jeri Moberly and Ward 2 City Councilor /Trustee Chris Kelley, 1. Call to Order Mayor /Chair Jeri Moberly called the meeting to order at 6:32 pm. 2. Invocation The invocation was offered by Father Chris Waters of Anglican Church of Saint Paul. 3. Flag Salute Vice -Mayor Dunn led the flag salute. 4. Roll Call Present Absent Mayor /Chair- Jeri Moberly None Vice - Mayor /Chair - Lyndell Dunn Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Bill Bush Councilor /Trustee - Chris Kelley A quorum was declared present. Staff: City /Authority Manager- Warren Lehr City /Authority Attorney - Julie Lombardi Mayor Moberly announced that agenda Item 6 has been removed from the agenda. 5. Presentation of the Character Trait of Discernment Nathan Purifoy, Campus Director of Baptist Village of Owasso, presented the Character Trait of Discernment for the month of May. 6. Discussion of Council /Chair Leadership Elections Process Mayor /Chair Moberly This item was removed from the agenda. Election of Mayor, OPWA Chair, and OPGA Chair Mayor Moberly called for a nomination for the position of Mayor, OPWA Chair, OPGA Chair. Mr. Bonebrake moved, seconded by Mr. Dunn to nominate Ms. Moberly for Mayor, OPWA Chair, OPGA Chair. YEA: Bonebrake, Dunn, Kelley, Moberly NAY: Bush Motion carried: 4 -1 Owasso City Council /OPWA /OPGA May 5, 2015 Page 2 8. Election of Vice - Mayor, OPWA Vice - Chair, and OPGA Vice -Chair Mayor Moberly called for a nomination for the position of Vice - Mayor, OPWA Vice - Chair, OPGA Vice - Chair. Mr. Bonebrake moved, seconded by Ms. Moberly to nominate Mr. Dunn for Vice- Mayor, OPWA Vice- Chair, OPGA Vice - Chair. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 9. Consideration and appropriate action relating to a request for approval of the Consent Agenda. (All matters listed under "Consent" are considered to be routine and will be enacted by one motion. Any Councilor /Trustee may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non - debatable.) A. Approve Owasso City Council minutes - April 21, 2015 Regular Meeting B. Approve OPWA minutes - April 21, 2015 Regular Meeting C. Approve OPGA minutes - April 21, 2015 Regular Meeting D. Approve City of Owasso claims E. Approve OPWA claims F. Approve OPGA claims G. City Council accept the Friends of Owasso Police Department donation and approve a budget amendment in the General Fund, increasing the estimated revenue and increasing the appropriation for expenditures by $2,700 in the Police department H. City Council approve Ordinance 1052, approving planned unit development application PUD -15 -01 and zoning application OZ -15 -02 for the development of a multi - family housing project on approximately 13.37 acres of property located northwest of the intersection of Mingo Road and 86th St N Mr. Dunn moved, seconded by Dr. Kelley to approve items 9A - 9H of the Consent Agenda with City claims totaling $156,976.62, OPWA claims totaling $463,690.98, and OPGA claims totaling $33,065.33. Also, included for review were the self- insurance claims and the payroll reports for 04/18/15. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 10. Consideration and appropriate action relating to items removed from the Consent Agenda None 11. Consideration and appropriate action relating to City Council approval of Resolution 2015- 09, amending the Capital Improvements Project list to include Radio Systems Upgrades Teresa Willson presented the item recommending approval of Resolution 2015 -09. After discussion, Dr. Kelley moved, seconded by Mr. Bush to approve Resolution 2019 -09. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 Owasso City Council /OPWA /OPGA May 5, 2015 Page 3 12. Consideration and appropriate action relating to City Council award of a contract for mowing on US Highway 169 Right -of -Way Tim Doyle presented the item recommending to award the bid for the US Highway 169 Right - of -Way Mowing contract for the base bid in the amount of $4,962.30 per mowing with alternates for litter control of $1,385.00 per mowing, hand trimming of $1,200.00 per mowing, and unspecified mowing of $20.85 per acre, as required throughout the mowing season, not to exceed eight mowing cycles per year, to Precision Lawn Care of Tulsa, LLC. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn to award the bid to Precision Lawn Care of Tulsa, LLC, as recommended. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried: 5 -0 13. Report from City Manager /Authority Manager • Earl Farris presented the Monthly Public Works Project Status Report. • Larry Langford presented the Quarterly Golf Report. • Mr. Lehr commented on the successful Owasso Cares Day on April 25, 2015. 14. Report from City Attorney /Authority Attorney None 15. Report from City Councilors /Trustees Councilors expressed appreciation to fellow Council Members for their support, focus, cooperation, and service. 16. New Business None 17. Adjournment Mr. Bonebrake moved, seconded by Mr. Dunn to adjourn the meeting. YEA: Bonebrake, Bush, Dunn, Kelley, Moberly NAY: None Motion carried 5 -0 and the meeting adjourned at 7:12 pm. Jeri Moberly, Mayor /Chair Lisa Wilson, Minute Clerk OWASSO CITY COUNCIL, OPWA, AND OPGA MINUTES OF JOINT REGULAR MEETING Tuesday, May 12, 2015 The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met in a joint regular meeting on Tuesday, May 12, 2015 in the Council Chambers at Old Central, 109 N Birch Street, Owasso, Oklahoma per the Notice of Public Meeting and Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm on Friday, May 8, 2015. Call to Order Mayor Jeri Moberly called the meeting to order at 6:08 pm. Present Absent Mayor /Chair - Jeri Moberly Councilor /Trustee - Bill Bush Vice - Mayor /Chair - Lyndell Dunn Councilor /Trustee - Doug Bonebrake Councilor /Trustee - Chris Kelley A quorum was declared present. Staff: City /Authority Manager- Warren Lehr City /Authority Attorney - Julie Lombardi 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) Mayor Moberly presented the item, Mr. Bonebrake moved, seconded by Mr. Dunn to enter into executive session. YEA: Bonebrake, Dunn, Kelley, Moberly NAY: None Motion carried: 4 -0 At 6:08 pm, the Council, along with Jim and Jeanine Rhea of Greenwood Performance, entered into executive session. Mr. Bush joined at 6:15 pm. At 7:15 pm, the Council returned to open session. 3. Briefing and discussion relating to regular, recurring, or consent items (expected to be brief and may not require discussion) A. Resolution, Change Order Authority to City Manager B. Annual Water Quality Report C. New City Hall Construction update Sherry Bishop presented the items and discussion was held. It was further explained that item 4A would be placed on the May 19, 2015 agenda for consideration and action. 4. Discussion relating to Community Development items A. Annexation - (OA- 15 -03) 10010 N Mingo Rd B. Final Plot- Lake Valley V, Phase III Bronce Stephenson presented the items and discussion was held. It was further explained that items 4A and 413 would be placed on the May 19, 2015 agenda for consideration and action. Owasso City Council /OPWA /OPGA May 12, 2015 Page 2 5. Discussion relating to amendment to Solicitors Permit Ordinance Julie Lombardi presented the item and discussion was held. It was further explained that an item would be placed on the June 9, 2015 worksession agenda for discussion. 6. Discussion relating to City Manager items • FY 2016 budget presentation • Board and committee appointments • Monthly Sales Tax Report • City Manager Report Linda Jones presented the FY 2016 budget and discussion was held. It was further explained that a Public Hearing would be placed on the June 2, 2015 agenda for citizen input. Mayor Moberly presented the board and committee appointments. It was further explained that an item would be placed on the June 9, 2015 worksession agenda for discussion. Linda Jones presented the Monthly Sales Tax Report and discussion was held. Warren Lehr acknowledged recent city events. 7. City Council /Trustee comments and inquiries Councilors reported on various activities. 8. Adjournment The meeting adjourned at 8:43 pm. Jeri Moberly, Mayor /Chair Lisa Wilson, Minute Clerk Claims List 5/19/2015 Budget Unit Title Vendor Name Payable Description Payment Amount GENERAL TREASURER PETTY CASH CC REFUND /RYDER 50.00 TREASURER PETTY CASH CC REFUND /MCCARTY 100.00 TREASURER PETTY CASH CC REFUND /MORIARTY 50.00 TREASURER PETTY CASH CC REFUND /CAMP COURAGE 100.00 TREASURER PETTY CASH CC REFUND /BOGEN 50.00 TREASURER PETTY CASH CC REFUNDITESTERMAN 50.00 TREASURER PETTY CASH CC REFUND /SPAULDING 50.00 TREASURER PETTY CASH OC REFUND /CLAYTON 100.00 AEP IPSO STREET LIGHTS 15.06 TOTAL GENERAL 565.06 MANAGERIAL JOHN FEARY TUITION REIMB / FEARY 885.00 CITY GARAGE LABORIOVERHEAD EXPENSE - 11.93 TREASURER PETTY CASH CHAMBER LUNCHEON /STEVENS 10.00 TREASURER PETTY CASH PASTOR MEETING EXPENSE 11.20 CITY GARAGE VEHICLE PARTS PURCH -APR 283.04 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - APRIL 42.81 JPMORGAN CHASE BANK SAMSCLUB - PARADE CANDY 36.86 JPMORGAN CHASE BANK ISAV ON -BILL INSERTS 265.00 TOTAL MANAGERIAL 1,545.84 FINANCE FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - APRIL 18.37 TREASURER PETTY CASH MILEAGE REIMB /JONES 138.63 CITY GARAGE LABOR/OVERHEAD EXPENSE - 37.77 TOTAL FINANCE 194.77 HUMAN RESOURCES JPMORGAN CHASE BANK COMM MKT - ADVERTISING 60.00 JPMORGAN CHASE BANK TULSA WORLD- ADVERTISING 4,184.40 TREASURER PETTY CASH CHAMBER LUNCHEON /DEMPSTER 10.00 JPMORGAN CHASE BANK NEIGHBOR NEWS- ADVERTISING 206.80 JPMORGAN CHASE BANK NEIGHBOR NEWS- ADVERTISING 462.00 JPMORGAN CHASE BANK ICIMS- APPLICANT TRACKING 110.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - APRIL 9.18 AMERICANCHECKED, INC ATTN: BILLING PRE HIRE BACKGROUND CHECK 342.70 COMMUNITYCARE EAP EMPLOYEE ASSISTANCE PROGR 227.00 URGENT CARE OF GREEN COUNTRY, P.L.L PRE EMPLOYMENT DRUG SCREE 275.00 URGENT CARE OF GREEN COUNTRY, P.L.L RANDOM DRUG SCREENING 215.00 STRATEGIC GOVERNMENT RESOURCES, INC EMPLOYEE TRAINING 700.00 BAILEY EVENT CENTER, INC. ARBITRATION 130.00 JPMORGAN CHASE BANK TRAINING EXPENSE 14.00 JPMORGAN CHASE BANK DELL -HR/IT PRINTER TONER 195.69 JPMORGAN CHASE BANK MYEVENT- WELLNESS CONF 50.00 JPMORGAN CHASE BANK EQUAL OPPORTUNITY- ADVERT 300.00 Page 1 Claims List MUNIZINUI Budget Unit Title Vendor Name Payable Description 1payment Amount TOTAL HUMAN RESOURCES 7,491.77 HR- CHARACTER INITIATIVE JJPMORGAN CHASE BANK 1OFFICE DEPOT - SUPPLIES 1 179.70 TOTAL HR- CHARACTER INITIATIVE 179.70 CHARACTER SCHOOLS JJPMORGAN CHASE BANK ISAV ON- CHARACTER BANNERS 136.00 TOTAL CHARACTER SCHOOLS 136.00 GENERAL GOVERNMENT JPMORGAN CHASE BANK ADMIRAL EXP- SUPPLIES 28.99 JPMORGAN CHASE BANK ADMIRAL EXP - SUPPLIES 86.97 JPMORGAN CHASE BANK AMERICAN WASTE- REFUSE 144.93 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 436.05 COMMUNITY PUBLISHERS INC PUBLICATION, LEGAL NOTICE 263.20 COMMUNITY PUBLISHERS INC PUBLICATION, LEGAL NOTICE 162.40 TULSA COUNTY CLERK FILING FEES 110.00 RICOH USA, INC. COPY SERVICES 645.19 RICOH USA, INC. COPY SERVICES 408.95 TOTAL GENERAL GOVERNMENT 2,286.68 COMMUNITY DEVELOPMENT INCOG INCOG 4TH QUARTER DUES 5,358.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 150.00 KENNETH LIVINGSTON CODE ENFORCEMENT MOWING 150.00 KENNETH LIVINGSTON CODE NEFORCEMENT MOWING 150.00 FRED STEPHEN CORLEY CODE ENFORCEMENT MOWING 500.00 TULSA COUNTY INFORMATION TECH DEPT TULSA COUNTY LAND RECORDS 30.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - APRIL 189.62 CITY GARAGE VEHICLE PARTS PURCH -APR 80.53 JPMORGAN CHASE BANK OK BUILDS INSP - TRAINING 130.00 CITY GARAGE LABORIOVERHEAD EXPENSE - 176.91 VERIZON WIRELESS WIRELESS CONNECTION 88.95 JPMORGAN CHASE BANK PIKEPASS - PIKEPASS FEE 7.80 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 19.56 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 7.44 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 1.15 JPMORGAN CHASE BANK AUTOZONE- SUPPLIES 27.99 JPMORGAN CHASE BANK EXPEDIA- TRAVEL EXPENSE 27.00 TOTAL COMMUNITY DEVELOPMENT 7,094.95 ENGINEERING JPMORGAN CHASE BANK ADMIRAL EXP - SUPPLIES 57.98 JPMORGAN CHASE BANK MAXWELL -PINK SURVEY PAINT 149.28 JPMORGAN CHASE BANK ASCE- MEMBERSHIP RENEWAL 245.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 12.98 Page 2 Claims List 5/19/2015 Budget Unit Title Vendor Name Payable Description Pa ment Amount ENGINEERING JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 47.89 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 65.88 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 19.18 JPMORGAN CHASE BANK HOT LOT - PARKING 6.00 VERIZON WIRELESS WIRELESS CONNECTION 29.65 CITY GARAGE LABOR/OVERHEAD EXPENSE- 166.97 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE -APRIL 53.23 JPMORGAN CHASE BANK JAMAR- COUNTER TUBES/TAPE 709.87 JPMORGAN CHASE BANK OFFICE DEPOT - BATTERY BKUP 89.99 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 UNIFIRST HOLDINGS LP UNIFORM CLEANING 19.56 TOTAL ENGINEERING 1,693.02 INFORMATION TECHNOLOGY OMEGA RAIL MANAGEMENT, INC. ANNUAL ENCROACHMENT FEE 300.00 AV CAPTURE ALL, INC. AUDIO HOSTING 2,149.40 JPMORGAN CHASE BANK AMAZON - NETWORK CABLE 53.98 JPMORGAN CHASE BANK AMAZON- NETWORK RADIOS 198.00 JPMORGAN CHASE BANK AMAZON- WIRELESS ACCESS PT 259.97 JPMORGAN CHASE BANK AMAZON - WIRELESS ACCESS PT 185.88 JPMORGAN CHASE BANK CDW- BATTERY BACKUP CH 1,169.67 CITY GARAGE LABOR/OVERHEAD EXPENSE - 61.62 VERIZON WIRELESS WIRELESS CONNECTION 149.68 JPMORGAN CHASE BANK PIKEPASS- PIKEPASS FEE 2.80 JPMORGAN CHASE BANK DELL -HR/IT PRINTER FUSER 189.99 JPMORGAN CHASE BANK GODADDY- OWASSO CARE RENEW 12.42 JPMORGAN CHASE BANK UNIXSURPLUS- BATTERY BKUP 85.00 JPMORGAN CHASE BANK GODADDY - HOSTING FEE 83.88 JPMORGAN CHASE BANK COX -CITY INTERNET FEE 1,309.00 TOTAL INFORMATION TECHNOLOGY 6,211.29 SUPPORT SERVICES JPMORGAN CHASE BANK INTERSTATE - BATTERIES 23.70 JPMORGAN CHASE BANK LOWES -BASE BOARD 22.74 JPMORGAN CHASE BANK LOWES -OC DOOR 79.40 JPMORGAN CHASE BANK LIGHTING INC -LIGHT BULBS 91.90 JPMORGAN CHASE BANK LOWES -MOUSE TRAPS 3.77 JPMORGAN CHASE BANK LOWES- CHAMBER REPAIR PART 57.81 JPMORGAN CHASE BANK LOWES -FILL VALVE 11.39 JPMORGAN CHASE BANK LOWES - GUTTER REPAIR 14.69 JPMORGAN CHASE BANK LOWES- BATTERIES 6.05 VERIZON WIRELESS WIRELESS CONNECTION 29.65 JPMORGAN CHASE BANK HOME DEPOT -COVE BASE 84.11 JPMORGAN CHASE BANK HOME DEPOT - TOILET SEAT 5.74 JPMORGAN CHASE BANK HOME DEPOT -NAILS 7.99 JPMORGAN CHASE BANK LOWES-CAULKIDOWN SPOUT 35.63 Page 3 Claims List 511912015 Budget Unit Title Vendor Name Payable Description Payment Amouni SUPPORT SERVICES JPMORGAN CHASE BANK LOWES- CHAMBER REPAIR PART 74.88 JPMORGAN CHASE BANK LOWES -SAW BLADE 17.98 CITY GARAGE LABOR/OVERHEAD EXPENSE - 246.49 JPMORGAN CHASE BANK LOCKE -CAR WASH REP PART 5.52 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - APRIL 46.17 JPMORGAN CHASE BANK LOWES -TAX CREDIT 4.73 CITY GARAGE VEHICLE PARTS PURCH -APR 66.66 CITY GARAGE VEHICLE PARTS PURCH - APR 27.78 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 18.15 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED -APR[ 8.39 GRIGSBY'S CARPET SHOWROOM, INC REPLACEMENT CARPET FOR OC 4,818.60 OKLAHOMA DEPT OF CORRECTIONS TULSA DOC WORKER PROGRAM -APR 1,050.00 FLEETCOR TECHNOLOGIES, INC. FUEL PURCH M /CARD - APRIL 117.34 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED -APR[ 89.58 TOTAL SUPPORT SERVICES 7,075.53 CEMETERY OWASSO TOP SOIL DIRT FOR CEMETERY 120.00 VERDIGRIS VALLEY ELECTRIC COOP CEMETERY ELECTRIC 46.64 JPMORGAN CHASE BANK P & K EQUIP -MOWER PARTS 144.79 TOTAL CEMETERY 311,43 POLICE SERVICES JPMORGAN CHASE BANK WALMART -KEYS 119.94 JPMORGAN CHASE BANK BIG POPPYS- UNIFORM ITEM 10.00 JPMORGAN CHASE BANK SPECIAL OPS -UNIF ITEM 22.78 JPMORGAN CHASE BANK ELITE K -9 -K9 ITEMS 50.54 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 108.98 JPMORGAN CHASE BANK FAMILY ANIMAL -K9 EXPENSE 120.50 JPMORGAN CHASE BANK TINT SHOP - WINDOW TINT 195.00 JPMORGAN CHASE BANK TINT SHOP - WINDOW TINT 195.00 TOTAL RADIO INC RADIO REPAIR 122.50 JA CAPITAL, LLC MARCH COPIER LEASE 100.00 JA CAPITAL, LLC APRIL COPIER LEASE 100.00 CMI, INC CALIB / BREATHLZR 50.00 JA CAPITAL, LLC MAY COPIER LEASE 100,00 JA CAPITAL, LLC JUNE COPIER LEASE 100.00 RICH & CARTMILL NOTARY RNWL KLAHR 30.00 LAW ENFORCEMENT PSYCHOLOGICAL SERV BASKINS PSYCH EVAL 80.00 JPMORGAN CHASE BANK EMBLEM ENT - UNIFORM ITEMS 639.00 CITY GARAGE LABORIOVERHEAD EXPENSE - 7,553.61 CITY GARAGE VEHICLE PARTS PURCH - APR 5,233.35 FLEETCOR, TECHNOLOGIES FUELMAN EXPENSE -APRIL 6,663.60 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 166.84 JPMORGAN CHASE BANK THOMPSON -CLEAR ACCESS 276.01 Page 4 Claims List 6y100011M Budget Unit Title Vendor Name Payable Description Payment Amount POLICE SERVICES JPMORGAN CHASE BANK SPECIAL OPS- VEST /FIELDS 477.24 JPMORGAN CHASE BANK LODGING EXPENSE 332.00 JPMORGAN CHASE BANK LODGING EXPENSE 332.00 VERIZON WIRELESS WIRELESS CONNECTION 687.73 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 88.93 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 39.99 JPMORGAN CHASE BANK PETSMART -K9 ITEMS 33.96 TREASURER PETTY CASH NOTARY FEE/KLAHR 10.00 JPMORGAN CHASE BANK 41MPRINT- UNIFORM ITEMS 167.21 JPMORGAN CHASE BANK HILLS -K9 FEEDING SUPPLIES 217.93 TOTAL POLICE SERVICES 24,424.66 POLICE - DOJ VEST GRANT JJPMORGAN CHASE BANK ISPECIAL OPS- VEST /FIELDS 348.25 TOTAL POLICE - DOJ VEST GRANT 348.25 POLICE COMMUNICATIONS JPMORGAN CHASE BANK LOWES- MONITOR MOUNT 22.24 JPMORGAN CHASE BANK WALMART- PRISONER BOARD 7.08 JPMORGAN CHASE BANK ADMIRAL EXPRESS -PAPER 115.96 JPMORGAN CHASE BANK PUBLIC SAFETY - TRAINING 249.00 LANGUAGE LINE SERVICES MARCH LANGUAGE LINE 10.29 LAW ENFORCEMENT PSYCHOLOGICAL SERV DAVIS PSYCH EVAL 80.00 JPMORGAN CHASE BANK CRAFTMASTER- SENSOR SWITCH 382.44 TOTAL POLICE COMMUNICATIONS 867.01 ANIMAL CONTROL JPMORGAN CHASE BANK LENOX- TOWING 65.00 JPMORGAN CHASE BANK LOCKE- SUPPLIES 19.08 JPMORGAN CHASE BANK LOCKE- SUPPLIES 2.20 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - APRIL 220.88 SERVICE SOLUTIONS INC AC ROOF REPAIR 980.00 JPMORGAN CHASE BANK SERENITY- CREMATION SVC 360.00 JPMORGAN CHASE BANK SERENITY- CREMATION SVC 315.00 JPMORGAN CHASE BANK OREILLY- GARAGE PARTS 93.93 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - APRI 60.25 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 20.00 VERIZON WIRELESS WIRELESS CONNECTION 80.02 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 105.43 JPMORGAN CHASE BANK HOME DEPOT - SUPPLIES 70.12 CITY GARAGE LABOR/OVERHEAD EXPENSE - 13.91 JPMORGAN CHASE BANK CLASSIC CHEV- GARAGE PARTS 327.54 TOTAL ANIMAL CONTROL 2,733.36 FIRE SERVICES JPMORGAN CHASE BANK SAMSCLUB - SUPPLIES 39.44 IJPMORGAN CHASE BANK LOWES -LIGHT BULBS 42.73 Page 5 Claims List 5/19/2015 Budget Unit Title Vendor Name Payable Description Pa ment Amount FIRE SERVICES JPMORGAN CHASE BANK SAMSCLUB - SUPPLIES 27.93 JPMORGAN CHASE BANK TRAVELEXPENSE 16.26 JPMORGAN CHASE BANK ROBERTSON- PLUMBING PARTS 42.53 JPMORGAN CHASE BANK TRAINING EXPENSE 30.46 JPMORGAN CHASE BANK TRAVEL EXPENSE 30.90 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 84.31 JPMORGAN CHASE BANK AIR CLEANING TECH - REPAIR 278.50 JPMORGAN CHASE BANK SAMSCLUB- SUPPLIES 34.44 JPMORGAN CHASE BANK FIRE SVC TRNING -CLASS 500.00 CITY GARAGE LABOR/OVERHEAD EXPENSE - 702.58 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 488.62 VERIZON WIRELESS WIRELESS CONNECTION 588.48 JPMORGAN CHASE BANK BUMPER TO BUMPER - SUPPLIES 33.16 JPMORGAN CHASE BANK IMAGENET- COPIER MAINT. 352.92 JPMORGAN CHASE BANK LOWES- TOILET REPAIR PARTS 19.71 JPMORGAN CHASE BANK LOWES- TOILET REPAIR PARTS 8.41 JPMORGAN CHASE BANK ADVANCE AUTO -PARTS 11.22 JPMORGAN CHASE BANK TULSA OVERHEAD -DOOR REP 150.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 14.99 JPMORGAN CHASE BANK MOTOROLA -RADIO REPAIR 393.00 JPMORGAN CHASE BANK TRAVEL EXPENSE 23.15 JPMORGAN CHASE BANK DELTA - AIRFARE 931.20 JPMORGAN CHASE BANK LODGING EXPENSE 280.89 JPMORGAN CHASE BANK LODGING EXPENSE 280.89 JPMORGAN CHASE BANK DRY CLEANING - UNIFORM SVC 54.43 JPMORGAN CHASE BANK TRAVEL EXPENSE 22.48 JPMORGAN CHASE BANK PIKEPASS- PIKEPASS FEE 7.50 JPMORGAN CHASE BANK LOWES -LIGHT BULBS 42.73 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED -APRI 107.66 JPMORGAN CHASE BANK TATE BOYS -MAINT PARTS 33.90 JPMORGAN CHASE BANK LODGING EXPENSE 279.76 JPMORGAN CHASE BANK COMM'L POWER -GEN REPAIR 280.76 JPMORGAN CHASE BANK OREILLY -PARTS 8.68 JPMORGAN CHASE BANK OREILLY -PARTS 2.49 JPMORGAN CHASE BANK GCR TIRE - VEHICLE PARTS 1,965.08 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - APRIL 1,709.18 CITY GARAGE VEHICLE PARTS PURCH - APR 873.96 JPMORGAN CHASE BANK LOCKE- TOILET REPAIR PARTS 12.10 TOTAL FIRE SERVICES 10,807.43 EMERGENCY PREPAREDNES TOTAL RADIO INC ANNUAL STORM SIREN CONTRA 6,312.00 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 26.38 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 21.77 VERDIGRIS VALLEY ELECTRIC COOP ELECTRIC BILL STORM SIREN 26.38 Page 6 Claims List 5/19/2015 Budget Unit Title I Vendor Name Pa able Description :::payment Amount EMERGENCY PREPAREDNES VERIZON WIRELESS IWIRELESS CONNECTION 29.65 TOTAL EMERGENCY PREPAREDNESS 6,416.18 STREETS VERIZON WIRELESS WIRELESS CONNECTION 80.02 JPMORGAN CHASE BANK ATWOOD - GREASE /ZIP TIES 94.76 JPMORGAN CHASE BANK ATWOOD-TARPSISTRAPS 111.67 JPMORGAN CHASE BANK WELSCO- WELDING PARTS 73.63 CITY GARAGE LABOR/OVERHEAD EXPENSE - 1,129.07 JPMORGAN CHASE BANK MAXWELL- MARKING PAINT 37.32 JPMORGAN CHASE BANK HD SUPPLY- LOCATE FLAGS 17.00 JPMORGAN CHASE BANK LOWES -FORM BOARDS 89.77 APAC - OKLAHOMA, INC. CONCRETE - TYPEI REPAIRS 44.65 TULSA ASPHALT, LLC ASPHALT - POTHOLES 228.65 TWIN CITIES READY MIX, INC CONCRETE -TYPE I REPAIRS 461.25 TWIN CITIES READY MIX, INC CONCRETE STREET REPAIRS 1,332.50 APAC - OKLAHOMA, INC. ASPALT - TYPEIREPAIR 153.01 TWIN CITIES READY MIX, INC CONCRETE -TYPE I REPAIR 256.25 TWIN CITIES READY MIX, INC CONCRETE -TYPE I REPAIR 708.00 TWIN CITIES READY MIX, INC CONCRETE - CURB & GUTTER 102.50 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED - APRI 461.79 UNIFIRST HOLDINGS LP UNIFORM CLEANING 39.35 UNIFIRST HOLDINGS LP UNIFORM CLEANING 41.30 UNIFIRST HOLDINGS LP UNIFORM CLEANING 3131 CITY GARAGE VEHICLE PARTS PURCH -APR 1,510.56 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE -APRIL 740.70 AEP /PSO STREET LIGHTS 5,826.68 AMERICAN ELECTRIC POWER MAIN STREET LIGHTING 1,000.00 AMERICAN ELECTRIC POWER SILVER CREEK LIGHTING 513.00 JPMORGAN CHASE BANK SHELL -BACK HOE FUEL 63.86 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT 6.32 JPMORGAN CHASE BANK EQUIPMENT ONE - PROPANE 63.22 JPMORGAN CHASE BANK TRANSCO -PPE 35.16 TOTAL STREETS 15,255.30 STORMWATER JPMORGAN CHASE BANK TRANSCO -PPE 35.16 JPMORGAN CHASE BANK STD SUPPLY -MOWER PARTS 48.90 JPMORGAN CHASE BANK STD SUPPLY -MOWER PARTS 12.99 JPMORGAN CHASE BANK P & K EQUIP -MOWER BLADES 126.80 JPMORGAN CHASE BANK FASTENAL - FASTENERS 10.86 JPMORGAN CHASE BANK P & K EQUIP -MOWER BELT 111.59 JPMORGAN CHASE BANK P & K EQUIP -MOWER PARTS 14.62 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE -APRIL 881.53 CITY GARAGE VEHICLE PARTS PURCH - APR 1,027.59 JPMORGAN CHASE BANK LOWES- CREDIT -1.00 Page 7 Claims List 5/19/2015 Budget Unit Title Vendor Name Payable Description Payment Amounl STORMWATER UNIFIRST HOLDINGS LP UNIFORM CLEANING 33.31 BLUE ENERGY FUELS, LLC CNG FUEL PURCHASED -APRI 180.32 JPMORGAN CHASE BANK STD SPLY -COMML PUSH MOWER 1,000.00 JPMORGAN CHASE BANK OREILLY - FILTERS /PLUGS 77.11 JPMORGAN CHASE BANK OREILLY - FILTERS /OIL 75.28 JPMORGAN CHASE BANK LOWES- FASTENERS 12.18 JPMORGAN CHASE BANK LOWES - TRAILER LUMBER 204.84 JPMORGAN CHASE BANK PIKEPASS - PIKEPASS FEE 8.25 CITY GARAGE LABORIOVERHEAD EXPENSE - 834.87 JPMORGAN CHASE BANK ATWOOD -TRASH BAGS 29.98 VERIZON WIRELESS WIRELESS CONNECTION 109.67 TOTAL STORMWATER 4,834.85 PARKS VERIZON WIRELESS WIRELESS CONNECTION 29.65 CITY GARAGE LABORIOVERHEAD EXPENSE- 610.25 JPMORGAN CHASE BANK LOWES- CONCRETE MIX 12.75 CITY GARAGE VEHICLE PARTS PURCH -APR 91.80 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE -APRIL 539.11 UNIFIRST HOLDINGS LP PARKS UNIFORMS 15.25 ROGERS COUNTY RURAL WATER DISTRICT WATER CENTENNIAL PARK 181.20 JPMORGAN CHASE BANK TUCKER -SOAP 71.70 TOTAL PARKS 1,551.71 COMMUNITY CENTER JPMORGAN CHASE BANK TUCKER - SUPPLIES 99.00 CITY GARAGE LABORIOVERHEAD EXPENSE - 19.88 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 150.36 JPMORGAN CHASE BANK REASORS -RUG DOCTOR RENTAL 26.99 JPMORGAN CHASE BANK REASORS -RUG DOCTOR CLEANE 30.97 JPMORGAN CHASE BANK WALMART- SUPPLIES 10.76 TOTAL COMMUNITY CENTER 337.96 HISTORICAL MUSEUM JONECK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 49.57 TOTAL HISTORICAL MUSEUM 49.57 ECONOMIC DEV CITY GARAGE LABOR/OVERHEAD EXPENSE - 15.90 VERIZON WIRELESS WIRELESS CONNECTION 29.65 JPMORGAN CHASE BANK WEBSCRIBBLE- HOSTING 19.99 JPMORGAN CHASE BANK OEDA MEETING EXPENSE 7.00 TOTAL ECONOMIC DEV 72.54 FUND GRAND TOTAL 102,484.8 Page 8 Claims List 5/19/2015 Bud et Unit Title Vendor Name Payable Description a ment Amount AMBULANCE SERVICE SEQUOYAH POINTE LIVING CENTER AMBULANCE REFUND 500.00 GARY MORGAN AMBULANCE REFUND 55.30 PAMELA MAXEY AMBULANCE REFUND 2,263.00 COMMUNITYCARE HMO AMBULANCE REFUND 326.43 ROBERT DAVIS AMBULANCE REFUND 215.00 JOAN C EDWARDS AMBULANCE REFUND 97.25 HEALTHFIRST AMBULANCE REFUND 133.03 SEQUOYAH POINTE LIVING CENTER JAMBULANCE REFUND 1 500.00 TOTAL AMBULANCE SERVICE 4,090.01 AMBULANCE VERIZON WIRELESS WIRELESS CONNECTION 238.67 CITY GARAGE LABORIOVERHEAD EXPENSE - 918.00 JPMORGAN CHASE BANK GREEN CO MED- DISPOSAL 130.00 JPMORGAN CHASE BANK OFFICE DEPOT - SUPPLIES 44.99 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 1,811.67 JPMORGAN CHASE BANK BOUND TREE - SUPPLIES 230.90 JPMORGAN CHASE BANK MAIL THIS- SHIPPING 12.70 JPMORGAN CHASE BANK ADVANCE AUTO -TOOLS 22.98 JPMORGAN CHASE BANK FULLERTON- SUPPLIES 69.00 JPMORGAN CHASE BANK QUADMED- SUPPLIES 463.00 JPMORGAN CHASE BANK WALMART - REFRIGERATOR 79.84 JPMORGAN CHASE BANK QUADMED - SUPPLIES 238.00 JPMORGAN CHASE BANK QUADMED- SUPPLIES 463.00 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE -APRIL 1,729.84 JPMORGAN CHASE BANK PSI - SUPPLIES 196.54 JPMORGAN CHASE BANK PSI - SUPPLIES 1,154.02 JPMORGAN CHASE BANK ZOLL MEDICAL - SUPPLIES 712.50 JPMORGAN CHASE BANK ZOLL MEDICAL - SUPPLIES 597.00 JPMORGAN CHASE BANK LOWES -TOOLS 133.91 JPMORGAN CHASE BANK PHYSIO CONTROL - SUPPLIES 1,084.60 JPMORGAN CHASE BANK NAT'L REGISTRY -EMS CERTIF 20.00 TOTAL AMBULANCE 10,351.16 FUND GRAND TOTAL 14,441.1 E911 COMMUNICATIONS AT &T E911 MAPPING FEES -MAY 355.35 TOTAL E911 COMMUNICATIONS 355.35 355.3 FUND GRAND TOTAL HOTEL TAX - ECON DEV JPMORGAN CHASE BANK SOUTHWEST- AIRFARE 468.00 Claims List 5/19/2015 Budget Unit Title I Vendor Name Payable Descri tion ---Payment Amount TOTAL HOTEL TAX - ECON DEV 468.00 STRONG NEIGHBORHOODS JPMORGAN CHASE BANK ANCHOR PAINT - SUPPLIES 145.20 CITY GARAGE LABOR/OVERHEAD EXPENSE - 75.00 JPMORGAN CHASE BANK PIKEPASS - PIKEPASS FEE 7.80 JPMORGAN CHASE BANK HARLEY HOLLAN- DUMPSTERS 2,070.00 JPMORGAN CHASE BANK OWASSO CARES EXPENSE 28.00 JPMORGAN CHASE BANK WORLEYS- PLANTS 65.98 JPMORGAN CHASE BANK WALMART - OWASSO CARES EXP 120.12 FLEETCOR TECHNOLOGIES FUELMAN EXPENSE - APRIL 75.80 TOTAL STRONG NEIGHBORHOODS 2,587.90 OSNI GRANTS JJPMORGAN CHASE BANK 1HARLEY HOLLAN - DUMPSTERS 1,000.00 TOTAL OSNI GRANTS 1,000.00 FUND GRAND TOTAL 4,055.9 STORMWATER- STORMWATI JPMORGAN CHASE BANK WINFIELD- CHEMICALS 1,128.05 MESHEK & ASSOCIATES, P.L.C. ENGINEERING SERVICES 1,625.00 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE MAINT 216.25 SPIRIT LANDSCAPE MANAGEMENT LLC MONTHLY LANDSCAPE MAINT 410.00 SPIRIT LANDSCAPE MANAGEMENT LLC IRRIGATION REPAIRS APRIL 230.04 TOTAL STORMWATER- STORMWATER 3,609.34 BROOKFIELD CROSSING IKELLOGG ENGINEERING, INC JENGINEERING SERVICES 9,070.00 TOTAL BROOKFIELD CROSSING 9,070.00 FUND GRAND TOTAL 12,679.3 PUBLIC SAFETY- FIRE JPMORGAN CHASE BANK MATHIS BROS- FURNITURE 1,482.39 JPMORGAN CHASE BANK WAYTEK -DRU EQUIPMENT 91.92 JPMORGAN CHASE BANK CASCOINDUST- EQUIPMENT 225.50 JPMORGAN CHASE BANK OKLA POLICE - EQUIPMENT 554.59 JPMORGAN CHASE BANK CASCO -DRU EQUIPMENT 4,418.10 JPMORGAN CHASE BANK CARHARTT -DRU EQUIPMENT 751.25 JPMORGAN CHASE BANK HILTI -DRU EQUIPMENT 307.01 TOTAL PUBLIC SAFETY - FIRE 7,830.76 FIRE STATION #4 JPMORGAN CHASE BANK ATWOOD -PAINT FD4 SIGN 37.92 JPMORGAN CHASE BANK SAV ON -SIGN 225.00 JPMORGAN CHASE BANK ADVANCED PLASTICS - SIGNAGE 284.00 JPMORGAN CHASE BANK FASTENAL -BOLTS FD4 SIGN 25.78 Page 10 Claims List 5/19/2015 Budget Unit Title Vendor Name -Payable Description :::::Payment Amount FIRE STATION #4 jJPMORGAN CHASE BANK JOWASSO FENCE -FD4 POST TOP 19.94 TOTAL FIRE STATION #4 592.64 FUND GRAND TOTAL 8,423.4 CI - POLICE BLDG WAYNE R. GAYLORD INSPECTION 1 90.00 TOTAL CI- POLICE BLDG 90.00 TRANSPORTATION MSTR PL) JPMORGAN CHASE BANK FEDEX- PRINTING SERVICES 1 946.49 TOTAL TRANSPORTATION MSTR PLAN 946.49 FUND GRAND TOTAL 1,036.4 CITY GARAGE UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 UNIFIRST HOLDINGS LP UNIFORM RENTAL FEES 32.04 JPMORGAN CHASE BANK BUMPER TO BUMPER - RETURN -75.00 JPMORGAN CHASE BANK LENOX- TOWING 235.00 JPMORGAN CHASE BANK YELLOWHOUSE- BACKHOE SVC 877.91 JPMORGAN CHASE BANK USPS- SHIPPING 30.65 ONEOK, INC OKLAHOMA NATURAL GAS NATURAL GAS USAGE 147.46 JPMORGAN CHASE BANK BUMPER TO BUMPER -PARTS 280.50 JPMORGAN CHASE BANK BUMPER TO BUMPER -PARTS 156.50 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 44.33 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 47.98 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 364.67 JPMORGAN CHASE BANK UNITED FORD -PARTS RESALE 71.93 JPMORGAN CHASE BANK B &M WAREHOUSE -PARTS 717.42 JPMORGAN CHASE BANK CLASSIC CHEV -BRAKE SWITCH 13.47 JPMORGAN CHASE BANK CLASSIC CHEV -CABLE 27.78 JPMORGAN CHASE BANK CLASSIC CHEV -BRAKE ROTORS 515.14 JPMORGAN CHASE BANK MYERS TIRE - SUPPLIES 197.64 JPMORGAN CHASE BANK LOWES -POWER SUPPLY 28.47 JPMORGAN CHASE BANK GOODYEAR -TAHOE TIRES 1,173.74 JPMORGAN CHASE BANK BUMPER TO BUMPER -PARTS 159.00 TOTAL CITY GARAGE 5,078.67 FUND GRAND TOTAL 5,078.6 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WC SETTLEMENT PAYMENTS 323.00 ICITY OF OWASSO IMPREST ACCOUNT JWC SETTLEMENT PAYMENTS 323.00 TOTAL WORKERS' COMP SELF -INS 646.00 Page 11 Claims List 5(1912015 Budget Unit Title Vendor Name Payable Description Payment Amount WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 1,793.88 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 517.50 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 3,118.88 CITY OF OWASSO IMPREST ACCOUNT CITY OF OWASSO IMPREST AC 366.98 UNITED SAFETY & CLAIMS INC UNITED SAFETY & CLAIMS WC 1,658.33 TOTAL WORKERS' COMP SELF -INS 7,455.57 FUND GRAND TOTAL 8,101.5 GEN LIAB -PROP SELF INS THOMAS A. JOHNSTON TORT CLAIM 2,998.81 JPMORGAN CHASE BANK ROBINSON GLASS -TORT CLAIM 685.11 TOTAL GEN LIAB -PROP SELF INS 3,683.92 FUND GRAND TOTAL 3,683.9 CITY GRAND TOTAL $160,340.67 Page 12 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 5119115 VENDOR DESCRIPTION AETNA HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE HEALTHCARE MEDICAL SERVICE ADMIN FEES STOP LOSS FEES HEALTHCARE DEPT TOTAL DELTA DENTAL DENTAL MEDICAL SERVICE ADMIN FEES DENTAL DEPT TOTAL VSP VISION MEDICAL SERVICES ADMIN FEES VISION DEPT TOTAL HEALTHCARE SELF INSURANCE FUND TOTAL AMOUNT 2,609.21 20,069.88 114,933.94 23,168.68 28,483.82 35,315.28 12,580.34 31,103.54 268,264.69 6,719.43 2,424.54 9,143.97 2,656.23 958.92 3,615.15 281,023.81 CITY OF OWASSO GENERALFUND PAYROLL PAYMENT REPORT PAY PERIOD ENDING 05/02115 Department Payroll Expenses Total Expenses Municipal Court 5,260.04 7,415.75 Managerial 20,323.97 28,684.73 Finance 15,201.70 23,042.40 Human Resources 7,714.92 12,670.34 Community Development 12,713.67 19,923.49 Engineering 14,201.07 21,255.30 Information Systems 13,030.35 19,725.43 Support Services 7,712.98 11,832.07 Police 130,161.02 192,474.70 Central Dispatch 17,369.06 28,470.36 Animal Control 3,128.73 4,758.34 Fire 109,069.06 165,187.38 Emergency Preparedness 1,653.00 2,356.16 Streets 7,377.13 12,488.44 Stormwater /ROW Maint. 6,147.03 9,508.13 Park Maintenance 10,862.23 16,681.54 Community- Senior Center 2,540.40 3,679.69 Historical Museum 654.40 734.75 Economic Development 3,205.00 4,189.04 General Fund Total 388,325.76 585,078.04 Garage Fund Total 4,487.60 7,290.74 Ambulance Fund Total 29,715.89 45,083.28 Emergency 911 Fund Total 2,138.37 3,577.95 Stormwater Fund 27 Total Worker's Compensation Total 3,343.91 4,002.79 Strong Neighborhoods 1,610.38 CITY OF OWASSO GENERALFUND FISCAL YEAR 2014 -2015 Budgetary Basis Statement of Revenues & Expenditures As of April 30, 2015 REVENUES: Taxes Licenses & permits Intergovernmental Charges for services Fines & forfeits Other TOTALREVENUES EXPENDITURES MONTH YEAR $ 12,182,601 TO -DATE TO -DATE BUDGET 67,707 654,615 873,198 $ 1,909,137 $ 20,537,774 $ 24,009,125 30,504 196,514 258,900 66,828 824,854 1,009,274 44,239 424,242 488,260 60,033 622,246 697,353 2,070 96,224 87,060 $ 2,112,810 $ 276,553 $ 22,701,855 $ 26,549,972 PERCENT OF BUDGET 85.54% 75.90% 81.73% 86.89% 89.23% 110.53% 85.51% Personal services $ 1,156,078 $ 12,182,601 $ 15,683,049 77.68% Materials & supplies 67,707 654,615 873,198 74.97% Other services 105,475 1,324,295 1,757,875 75.34% Capital outlay 506,998 1,051,749 1,508,049 69.74% TOTAL EXPENDITURES $ 1,836,258 76.75% $ 15,213,260 $ 19,822,171 REVENUES OVER EXPENDITURES $ 276,553 1.00% $ 7,488,595 $ 6,727,801 TRANSFERS IN (OUT): Transfers in Transfers out TOTALTRANSFERS NET CHANGE IN FUND BALANCE FUND BALANCE (Budgetary Basis) Beginning Balance Ending Balance $ 1,108,947 $ 12,068,989 $ 14,330,000 (1,781,713) (19,028,560) (22,550,000) $ (672,767) $ (6,959,571) $ (8,220,000) $ (396,214) $ 529,024 $ (1,492,199) 2,811,625 2,811,625 $ 3,340,649 $ 1,319,426 84.22% 84.38% 84.67% The City wit out 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 15, 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 9 se Land Use Jurisdiction None specified Lots /Blocks N/A Plan Residential North RS -3 (Residential Sin le Family) Undeveloped Residential City of N/A Water Provider City of Owasso Applicable Paybacks 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 Sin le Famil 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 N/A Land Use Plan Residential Number of Reserve Areas N/A Within PUD? N/A Within Overlay District? N/A Water Provider City of Owasso Applicable Paybacks 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 Planning Commission, at their regular meeting of May 11, 2015, voted unanimously to recommend approval of OA 15 -03. RECOMMENDATION: Staff recommends approval of OA- 15 -03. ATTACHMENTS: Aerial Map Zoning Map Boundary Map Annexation Request .% •ljc {51 1" = 1,505 ft OA 15 -03 04/22/2015 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. Current Zoning OA -15 -03 RE G r... 1 RS -3 Property 1 ■ ■ I • RM- AG 1 —I! Mill lmlllmm% ■ a w E =1 -06th= u z ti AA � Z E7 _Sl ? n m 0 NJa E�Qa .T Subject Tract Q W m .• c A � 2 ,P e V � oW &.44, 98_STry� Q . 10 e9 ^LPG crN E -97 "ST Z Q� LEGEND 2 F-7 Owasso Corporate Limits E =9_6th - - 300' Radius Subject Tract OA 15 -03 o tso soo I 1 I t eoo I 1321 -13 Feet The City Wit out 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 15, 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 I/< mile south of E l 161h 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 SiLots /Blocks '` 71 lots, 3 bloNumber of Reserve Areas 0 North AG Cemetery Public Rogers Washin ton 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 Residential Owasso &II 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: Propedy Size 14.87 acres Current Zoning RS -3 PUD 08 -SleFamfflill Proposed Use Residential SiLots /Blocks '` 71 lots, 3 bloNumber of Reserve Areas 0 Within PUD? Yes, PUD 08 -0 Within Overlay District? None Water Provider Washin ton 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 Planning Commission, at their regular meeting of May 11, 2015 voted unanimously to recommend approval of Lake Valley V, Phase III. RECOMMENDATION: Staff recommends approval of the Final Plat for Lake Valley V, Phase III. ATTACHMENTS: Final Plat, Lake Valley V, Phase III Covenants Area Map Aerial Map 11 0 Location Map flAbE mm Lake Valley V aisa Englnoetln9 8 Planning Asswialas, Int.^ _•,x +. iJ,e, IXJYw� Phase 3 ob)I DEVELOPER '.i o m�si m® Lake valley hwasuneal Group, L.L.C., Township 21 North, Range 14 East of the Indian Meridian, Rogers County, Stale of Oklahoma Kounfs Pmparty Manaemom, Inc. pu pksx—P.;= m On cu. 1. s«ua, to P <n ]I Lou Il,e716 l�6 Mos T N' -- Stalelolr •7P20 - -- r +] _I1W Tw'u'd x 45 Planned Unit Development No. OPUD 08 Of ENGINEER /SURVEYOR Lake Valley V aisa Englnoetln9 8 Planning Asswialas, Int.^ _•,x +. iJ,e, IXJYw� Phase 3 ob)I DEVELOPER '.i o m�si m® Lake valley hwasuneal Group, L.L.C., Township 21 North, Range 14 East of the Indian Meridian, Rogers County, Stale of Oklahoma Kounfs Pmparty Manaemom, Inc. -- Stalelolr •7P20 - -- r +] _I1W Tw'u'd x 45 Planned Unit Development No. OPUD 08 Of ENGINEER /SURVEYOR Lake Valley V aisa Englnoetln9 8 Planning Asswialas, Int.^ _•,x +. iJ,e, IXJYw� Phase 3 ob)I DEVELOPER (Lots 231hru 47, Black 2; Lots 44 that 75, Block 5; Block 7) o A StA divislon In the City of Owasso, being a part of the WE of the NW /4 of Section 10, Lake valley hwasuneal Group, L.L.C., Township 21 North, Range 14 East of the Indian Meridian, Rogers County, Stale of Oklahoma Kounfs Pmparty Manaemom, Inc. pu pksx—P.;= On cu. 1. <I< JM Le and yf gyryaFl ...s ...afl...� 3I: so I 3Fl� p I .I J I +� n kz' a I � i G Cl s X IC +o I ` Ja U rut 1:1 a� k. :x K 1 1. +� "t - _ I .. 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NlN nwaa,uP.MaaYr,waaN.a+abinla,a,. w nvyiry YwMwl W tl[anW b W M+yl a+anbm Wines •IUagxxNwaM 1 aaw,mra+dvaYmAVUVy1.All>n rrY.sluarrv., , aAm 1�e.Wre ls» lebe.+.w Cvv(aNU I+a F. 4vwN errs J M% ""a .wliben awN al. TTwiAaa: lryipetlµ ]�A16�14I KxzlNazeK rvlu ru]u]mvu Ilvab µd wrWm+ AgwunwacnwwdmYN uoarPw,rlwp.__._ -_ mtawwYx,vatneatuevwwebva vdxm W wurdaa W C[rONr take Valley V Phase 3 mla d N ¢wNO, -. uaN u m i s s,a P a z rm,rLeax,wlNm4.coo. m.tYV..xa.wrlaw..F PI +nlrxl 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 CITY 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 or provide on the "Common Area' apool, private park area, drainage facilities and landscaped areas for the use and enj oyment 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 DEFINITIONS 1. "Association" shall mean and refer to Lake Valley Homeowners Association, Inc., an Oklahoma non - profit corporation, its successors and assigns. 2. "Lake Valley V -Phase 3" shall mean and refer to that certain real property hereinbefore described. 3. "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. 7. "Declarant" shall mean and refer to Lake Valley Investment Group, L.L.C., an Oklahoma limited liability company, its successors and assigns. 8. "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 underthe 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 01 -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 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 11; provided, 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 a 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 trader 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 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 ofMembers 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 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. 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 Declarant's 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 of the 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 COMMENCEME NT OF ANNUAL ASSESSMENTS, 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 ofthe 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 shall 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 7 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. 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 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, and no 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 matmer 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. 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 01 -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 01 -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 (notto 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 conforrnity to the requirement for 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. 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. MgND 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 VH ARCHITECTURE, SIZE, MATERIALS, PLANS AND SPECIFICATIONS 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). Masonry. 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 constructed 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 construction. (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 corner 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 stricture. 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 (7.5') 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. 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 pernritted 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 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 orperforming 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, parry 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- SIIBDIVIDING 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 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 ofDeelarant'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 constrict 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 property 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. OTHER 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 7. SEVERABILITY: Invalidation of anyone of these 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. 9. 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 not been 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 18 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 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 Korrtis 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 1" = 1,505 ft Final Plat 05/05/2015 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. Lake Valley V, Phase III 1" = 376 ft Final Plat 05107/2015 I 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. TO: The Honorable Mayor and City Council City of Owasso FROM: Sherry Bishop Assistant City Manager SUBJECT: Change Order Approval Authority Resolution 2015 -10 DATE: May 15, 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 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 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 would not cause a project delay. However, there are times when that delay could create a 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 extend that same spending authority to change order approval within the statutory restrictions of the Public Competitive Bidding Act. RESOLUTION 2015 -10 The 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. RECOMMENDATION: Staff recornmends approval of Resolution 2015 -10 authorizing the approval of change orders. ATTACHMENTS: Resolution 2015 -10 O.S. 61 § 121 Change Orders or Addenda CITY OF OWASSO, OKLAHOMA RESOLUTION 2015 -10 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 (10 %) 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 19th day of May, 2015 by the City Council of the City of Owasso, Oklahoma. Jeri Moberly, Mayor ATTEST: Sherry Bishop, City Clerk APPROVED AS TO FORM: Julie Lombardi, City Attorney Oklahoma Statutes Citationized Title 61. Public Buildings and Public Works EAPublic Competitive Bidding Act of 1974 ]Section 121 - Change Orders or Addenda ;ite as: O.S. §, N. Change orders or addenda to public construction contracts of One Million Dollars ($1,000,000.00) or less shall not exceed a fifteen Dercent (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 if One Hundred Fifty Thousand Dollars ($150,000.00) or a ten percent (10 %) cumulative increase in the original contract amount. Change orders or cumulative change orders which exceed the limits of subsection A or B of this section shall require a -eadvertising 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 )f a municipality or technology center may delegate approval of change orders up to Forty Thousand Dollars ($40,000.00) or ten Dercent (10 %) of any contract, whichever is less, to the chief administrative officer of the municipality or technology center or their iesignee, with any approved change orders reported to the governing body at the next regularly scheduled meeting. _. The governing body of the Oklahoma Tourism and Recreation Department is authorized, upon approval of a majority of all of the nembers of the Oklahoma Tourism and Recreation Commission, to delegate to the Director of the agency the authority to approve :hange 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 axecute all contracts and change orders. 3. The Transportation Commission may, by rule, authorize the Director of the Department of Transportation to approve change orders n an amount of not to exceed Five Hundred Thousand Dollars ($500,000.00). Change orders approved by the Director shall be )resented to the Transportation Commission during the next regular meeting and the reasons therefor recorded in the permanent - ecords. The Oklahoma Turnpike Authority may authorize the Director of the Authority to approve change orders in an amount not to axceed Two Hundred Fifty Thousand Dollars ($250,000.00). Change orders approved by the Director of the Authority shall be )resented to the Authority during the next regular meeting and the reasons for the orders recorded in permanent records. 1, All change orders for the Department of Transportation or the Authority shall contain a unit price and total for each of the following tems: 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; 1. Itemization of insurance cost, bond cost, social security, taxes, workers' compensation, employee fringe benefits and overhead cost and i. Profit for the contractor. . 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 )e 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 thi; >ection. 3. When the unit price change exceeds Twenty Thousand Dollars ($20,000.00), any unit price for a new item established at or below :he 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 -aws 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. aff. 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, 3 1, eff. November 1, 1997 (superseded document available); Amended by Laws 1998, HB 2267, c. 118, § 1, emerg. eff. July 1, 199E ,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 -aws 2004, HB 1695, c. 328, § 2, emerg. eff. July 1, 2004 (superseded document available); Amended by Laws 2006, SB 558, c. ?71, § 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, -iB 1081, c. 170, § 1, eff. November 1, 2013 (superseded document available).