HomeMy WebLinkAbout2015.08.18_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
Council Chambers, Old Central Building
109 N Birch, Owasso, OK 74055
Regular Meeting
Tuesday, August 18, 2015 - 6:30 pm
1. Call to Order
Mayor Jeri Moberly
2. Invocation
Pastor Doug Gregg of Lifepoint Baptist Church
3. Flag Salute
4. Roll Call
RECEIVED
116 f n o _
City Clerk's off, .
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
• August 4, 2015 Regular Meeting
• August 11, 2015 Regular Meeting
B. Approve claims
C. Receive monthly budget status report
D. Approve a revision to the Sales Tax Watchdog Committee Policy Statement
changing the regular meeting months from January and July to March and
September and increasing the number of committee members from fourteen to
fifteen, of which five are to be Members at Large representatives
E. Accept a donation from the Cherokee Nation and approve a budget amendment
in the General Fund, increasing the estimated revenue and the appropriation for
expenditures by $3,805 in the Police Services budget
6. Consideration and appropriate action relating to items removed from the Consent Agenda
Consideration and appropriate action relating to Planned Unit Development (PUD- 05 -02A),
for property located at between E 116th St N and E 126th St N, and between N 1291h E Ave and
US -169
Bronce Stephenson
Staff recommends approval of PUD- 05 -02A.
8. Consideration and appropriate action relating to Resolution 2015 -15, supporting the
Cornerstone Associates, LLC application to the Oklahoma Housing Financing Authority for a
tax credit award for the development of Legacy Senior Residences in the City of Owasso
Bronce Stephenson
Staff recommends approval of Resolution 2015 -15.
Owosso City Council
August 18, 2015
Page 2
Consideration and appropriate action relating a professional services agreement for Heart
Healthy Trail /Feature Spray Park /Rayola Splash Pad Expansion
Larry Langford
Staff recommends awarding three separate professional services agreements to Planning
Design Group, Inc. of Tulsa, OK for the Heart Healthy Trail in the amount of $68,500, the
Feature Spray Park in the amount of $64,500, and Rayola Splash Pad expansion in the
amount of $27,000 and authorization for the Mayor to execute the agreements.
10. Consideration and appropriate action relating to an Agreement for Engineering Services for
miscellaneous stormwater and erosion control projects
Dwayne Henderson
Staff recommends approval of the Agreement for Engineering Services for Miscellaneous
Stormwater and Erosion Control Engineering Projects with Meshek and Associates,
Incorporated of Tulsa, Oklahoma in an amount not to exceed $65,000 and authorization for
the Mayor to execute the agreement.
11. Consideration and appropriate action relating to the award of bid for the New City Hall
Renovation Project, Storefront Glass and Glazing, to Apax Glass
John Feary
Staff recommends City Council award of the City Hall Renovation Project, Storefront Glass
and Glazing re -bid to Apax Glass of Tulsa, OK in the amount of $89,681.
12. Consideration and appropriate action relating to assignment of the contract for the New City
Hall Renovation Project, Storefront Glass and Glazing, to Nabholz Construction Corporation
John Feary
Staff recommends assignment of the contract with Apax Glass of Tulsa, OK to Nabholz
Construction of Tulsa, OK for the duration of the renovation project.
13. Consideration and appropriate action relating to Ordinance 1058, establishing water service
rates within and without the corporate limits of the City of Owasso, sewer rates, and metered
fire hydrant rates; and establishing an effective date
Linda Jones
Staff recommends approval of Ordinance 1058.
Owasso City Council
August 18, 2015
Page 3
14. Consideration and appropriate action relating to Ordinance 1057, amending the employee
retirement system, defined contribution plan (for the City of Owasso, Oklahoma by adopting
a revised and restated retirement plan; providing retirement benefits for eligible employees
of the City of Owasso, Oklahoma; providing for purpose and organization; providing for
definitions; providing for eligibility and participation; providing for non - alienation of benefits;
loss of benefits for cause and limitations of benefits; providing for employer and employee
contributions; providing for accounting, allocation, and valuation; providing benefits;
providing for required notice; providing for amendments and termination; providing for
transfer to and from other plans; creating a retirement committee and providing for powers,
duties, and rights of retirement committee; providing for payment of certain obligations;
providing for duration and payment of expenses; providing for effective date; providing for
vesting schedules; providing for a fund to finance the system to be pooled with other
incorporated cities, towns and their agencies and instrumentalities for purposes of
administration, management, and investment as part of the Oklahoma Municipal Retirement
Fund; providing for payment of all contributions under the system to the Oklahoma Municipal
Retirement Fund for management and investment; providing for repealer and severability;
adopting those amendments mandated by the Internal Revenue Code)
Michele Dempster
Staff recommends approval of Ordinance 1057.
15. Consideration and appropriate action relating to Resolution 2015 -14, assuming jurisdiction of
municipal court cases involving juveniles
Julie Lombardi
Staff recommends approval of Resolution 2015 -14.
16. 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 a litigation update, as provided for in Title 25, O.S. Section § 307(B)(4)
Julie Lombardi
17. Report from City Manager
18. Report from City Attorney
19. Report from City Councilors
20. New Business (New Business is any item of business which could not have been foreseen at
the time of posting of the agenda)
21. 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, August 14, 2015.
Lisa Wilson, City Clerk's Office
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, August 4, 2015
The Owasso City Council met in regular session on Tuesday, August 4, 2015, in the Council
Chambers at Old Central, 109 N Birch, Owasso, Oklahoma per the Notice of Public Meeting and
Agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 6:00 pm
on Friday, July 31, 2015.
1. Call to Order
Vice -Mayor Lyndell Dunn called the meeting to order at 6:30 pm.
2. Invocation
The invocation was offered by Spencer Ray of Beacon Hill Baptist Church.
3. Flag Salute
Councilor Bush led the flag salute.
4. Roll Call
Present Absent
Vice -Mayor - Lyndell Dunn Mayor - Jeri Moberly
Councilor - Doug Bonebroke
Councilor - Bill Bush
Councilor - Chris Kelley
A quorum was declared present.
Staff:
City Manager - Warren Lehr
City Attorney - Julie Lombardi
Vice -Mayor Dunn recognized Gage Gerlach and Sam Jones of Church Troop #758.
5. Presentation of the Character Trait of Flexibility
Kathy Curtis, Character Council Member, presented the Character Trait of Flexibility for the
month of August.
6. Presentation and discussion by the Tulsa City - County Library
Gary Shaffer, CEO, presented an update of the Owasso Library, which is ranked Th in the
nation relating to daily visits, use of digital equipment, and on -going programs.
7. 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 minutes - July 21, 2015
B. Approve claims
C. Approve Agreements for Urban Engineering Services (Engineer Agreement):
• Kellogg Engineering, Inc. for site grading, drainage, roadway, water
and sewer improvements to serve Abbott Farms Phase I
• Impact Engineering and Planning, PLC for site grading, drainage,
pavement, water and sewer improvements to serve Express Laundry
Owasso City Council
August 4, 2015
Page 2
Mr. Bonebrake moved, seconded by Dr. Kelley to approve the Consent Agenda with claims
totaling $177,472.74. Also, included for review were the self- insurance claims report and the
payroll report for 7/25/15.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4-0
8. Consideration and appropriate action relating to items removed from the Consent Agenda
None
9. Consideration and appropriate action relating to an amendment to the Engineering Services
Agreement with Kellogg Engineering, Inc. for Brookfield Crossing Stormwater Conveyance
and Detention Improvements
Roger Stevens presented the item recommending approval of an amendment to the
engineering services agreement with Kellogg Engineering, Inc. in the amount of $22,500 for
additional scope of work to the stormwater conveyance and detention improvements
project in the Brookfield Crossing Subdivision.
After discussion, Mr. Bonebrake moved, seconded by Dr. Kelley to approve the amendment
to the agreement in the amount of $22,500 with Kellogg Engineering, Inc., as recommended.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried: 4 -0
10. Report from City Manager
Roger Stevens presented the Monthly Public Works Project Status Report.
Mr. Lehr recognized Managerial employee, Lisa Wilson, for the character trait of
empowerment in her efforts of researching, presenting to staff, and spearheading the
amendment of the Solicitors Ordinance to include the No Knock List implemented August 1,
2015.
11. Report from City Attorney
None
12. Report from City Councilors
Councilors commented on upcoming community events:
• August 5th visit of Oklahoma elected officials
• August 6th - dedication of Macy's Fulfillment Center
August 6th -The Gathering on Main
• Mid - August - Beginning of new school year
13. New Business
None
14. Adjournment
Dr. Kelley moved, seconded by Mr. Bonebrake to adjourn the meeting.
YEA: Bonebrake, Bush, Kelley, Dunn
NAY: None
Motion carried 4-0 and the meeting adjourned at 7:22 pm.
Lyndell Dunn, Vice -Mayor
Lisa Wilson, Minute Clerk
OWASSO CITY COUNCIL, OPWA & OPGA
MINUTES OF JOINT REGULAR MEETING
Tuesday, August 11, 2015
The Owasso City Council, Owasso Public Works Authority, and Owasso Public Golf Authority met
in a joint regular meeting on Tuesday, August 11, 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, August 7,
2015.
1. Call to Order
Vice Mayor Dunn called the meeting to order at 6:05 pm.
Present
Vice - Mayor /Vice Chair- Lyndell Dunn
Councilor /Trustee - Doug Bonebroke
Councilor /Trustee - Bill Bush
Councilor /Trustee - Chris Kelley
A quorum was declared present.
Absent
Mayor /Chair - Jeri Moberly
2. Discussion relating to Community Development items
A. Planned Unit Development Amendment - Morrow Place
B. Tax - Credit Senior Housing -Request for Resolution of Support
Bronce Stephenson presented the items and discussion was held. It was further explained
that items 2A and 2B would be placed on the August 18, 2015 Council agenda for
consideration and action.
3. Discussion relating to a Professional Services Agreement- PDG (5K Trail & Splash Parks)
Larry Langford presented the item and discussion was held, it was further explained this item
would be placed on the August 18, 2015 Council agenda for consideration and action.
4. Discussion relating to Policy Amendments -Sales Tax Watchdog Committee
Julie Stevens presented the item and discussion was held. It was further explained this item
would be placed on the August 18, 2015 Council consent agenda for consideration and
action.
5. Discussion relating to Finance Department item
A. Water and Sewer Rate Changes
Linda Jones presented the item and discussion was held. It was further explained that action
items would be placed on the August 18, 2015 OPWA and Council agendas for
consideration and action.
6. Discussion relating to City Attorney items
A. Part 2, Section 2 -411, Rules of Debate - Ordinance Amendment
B. Resolution - Juvenile Court
Julie Lombardi presented each item and discussion was held. It was further explained item
6A would be placed on the September 1, 2015 Council agenda for consideration and
action and item 6B would be placed on the August 18, 2015 Council agenda for
consideration and action.
Owasso City Council /OPWA /OPGA
August 11, 2015
Page 2
7. Discussion relating to City Manager items
• Radio System Update
• Sales Tax Report
• City Manager Report
Larry White advised that an item would be placed on the September worksession to discuss
a proposal to purchase equipment for the Radio System Upgrade Project. Linda Jones
presented the monthly sales tax report. Warren Lehr advised that bids were opened earlier
in the afternoon for the storefront glass and glazing portion of the New City Hall Remodel
Project and a staff recommendation will be presented for consideration and action at the
August 18, 2015 Council meeting.
8. City Council /Trustee comments and inquiries
Council members expressed appreciation for the monthly development update and
discussed the various ways they have utilized the information in the community. Council
members discussed the dedication ceremony for the Macy's Fulfillment Center.
9. Adjournment
Vice Mayor Dunn adjourned the meeting at 7:53 pm.
Lyndell Dunn, Vice Mayor /Vice Chair
Juliann M. Stevens, Minute Clerk
Claims List
8/18/2015
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
GENERAL TREASURER
PETTY CASH
CC REFUND /BRICKS 4 KIDZ
50.00
TREASURER
PETTY CASH
CC REFUND /BAKER
50.00
TREASURER PETTY CASH
CC REFUND/THOMPSON
35.00
TREASURER PETTY CASH
CC REFUND /GREEN COUNTRY
50.00
TREASURER PETTY CASH
CC REFUND /OBI
50.00
TREASURER PETTY CASH
CC REFUND /CANDLER
50.00
TREASURER PETTY CASH
CC REFUND/TARTER
50.00
TREASURER PETTY CASH
CC REFUND /CHELSEA PK HOA
50.00
AEP /PSO
STREET LIGHTS
7.05
TREASURER PETTY CASH
OC REFUND /HEALEY
100.00
TREASURER PETTY CASH
CC REFUND /MELIAADV GROUP
50.00
TOTAL GENERAL 542.05
MUNICIPALCOURT YOUTH SERVICES OF TULSA YOUTH SERVICES PROGRAMS 4,125.00
TOTAL MUNICIPAL COURT 4,125.00
MANAGERIAL JPMORGAN CHASE BANK EMPLOYEE RELATIONS 31.18
TREASURER PETTY CASH PARKING FEE 21.00
TREASURER PETTY CASH PASTOR MEETING EXPENSE 11.20
CITY GARAGE LABOR /OVERHEAD -AUG, 201 44.75
FLEETCOR TECHNOLOGIES FUELMAN EXP- JULY, 2015 29.71
TOTAL MANAGERIAL 137.84
FINANCE
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
21.77
CITY GARAGE
VEH PARTS PURCH -JULY
131.15
CITY GARAGE
LABOR /OVERHEAD -AUG, 201
44.75
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
34.80
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
49.57
JPMORGAN CHASE BANK
OFFICE DEPOT - BATTERY
74.99
TOTAL FINANCE 357.03
HUMAN RESOURCES
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
10.89
TREASURER PETTY CASH
CHAMBER LUNCHEONIDEMPSTER
10.00
JPMORGAN CHASE BANK
EMPLOYMENT DEVELOPMENT
12.99
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
27.96
JPMORGAN CHASE BANK
OFFICE DEPOT- SUPPLIES
13.30
URGENT CARE OF GREEN COUNTRY, RLJ-
PRE EMPLOYMENT DRUG SCREE
750.00
URGENT CARE OF GREEN COUNTRY, P.L.L
RANDOM DRUG SCREENING
480.00
URGENT CARE OF GREEN COUNTRY, P.L.L
DRUG AND ALCOHOL TESTS
270.00
JPMORGAN CHASE BANK
ICIMS- APPLICANT TRACKING
1 100.00
TOTAL HUMAN RESOURCES 1,675.14
Page 1
Claims List
8/18/2015
Budget Unit Title
Vendor Name
Payable Description IPaymentAmount
HR - CHARACTER INITIATIVE IJPMORGAN
CHASE BANK JADMIRAL
EXP- SUPPLIES
145.23
TOTAL HR- CHARACTER INITIATIVE 145.23
GENERAL GOVERNMENT
JPMORGAN CHASE BANK
ADMIRAL EXP- SUPPLIES
57.98
JPMORGAN CHASE BANK
ADMIRAL EXPSUPPLIES
86.97
JPMORGAN CHASE BANK
AMER WASTE- REFUSE SERVICE.
144.93
MCAFEE & TAFT
LEGAL FEES
264.00
MCAFEE & TAFT
LEGAL - DENTON
216.00
MCAFEE & TAFT
LEGAL - DENTON
4,132.08
BH MEDIA HOLDING GROUPS, INC
LEGAL PUBLICATIONS
120.40
BH MEDIA HOLDING GROUPS, INC
LEGAL PUBLICATIONS
114.80
AT &T
LONG DISTANCE PHONE BILL
27.65
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
292.67
CITY OF OWASSO
GENERAL LIAB[LITY /SELF -IN
150,000.00
BH MEDIA HOLDING GROUPS, INC
LEGAL PUBLICATIONS
422.80
BH MEDIA HOLDING GROUPS, INC
LEGAL PUBLICATIONS
21.00
TULSA COUNTY CLERK
FILING FEES
110.00
RICOH USA, INC
RICOH COPIER- DOWNSTAIRS
199.49
DRAKE SYSTEMS INC
COPIER SERVICES
671.49
CINTAS CORPORATION
CARPET CLEANING SERVICES
67.04
BH MEDIA HOLDING GROUPS, INC
ILEGAL PUBLICATIONS
149.817
TOTAL GENERAL GOVERNMENT 157,099.10
COMMUNITY DEVELOPMENT
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
50.93
VERIZON WIRELESS
WIRELESS CONNECTION
88.95
TREASURER PETTY CASH
FILING FEE
13.00
JPMORGAN CHASE BANK
LOWESSUPPLIES
47.41
CITY GARAGE
LABORIOVERHEAD -AUG, 201
467.00
JPMORGAN CHASE BANK
AMAZON -PC MONITOR
279.98
JPMORGAN CHASE BANK
DELL - COMPUTER
843.96
FLEETCOR TECHNOLOGIES, INC.
FUEL PURCH JULY, 2015
268.28
JPMORGAN CHASE BANK
ICC- INSPECTION BOOKLETS
556.48
M. B. BICKERSTAFF
CODE ENFORCEMENT MOWING
150.00
KENNETH LIVINGSTON
CODE ENFORCEMENT MOWING
150.00
KENNETH LIVINGSTON
CODE ENFORCEMENT MOWING
150.00
TULSA COUNTY INFORMATION TECH DEPT
ITULSA COUNTY LAND RECORDS
30.01)
TOTAL COMMUNITY DEVELOPMENT 3,097.99
ENGINEERING
VERIZON WIRELESS
WIRELESS CONNECTION
29.65
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
71.88
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
19.56
CITY GARAGE
LABOR/OVERHEAD -AUG, 201
341.41
CITY GARAGE
VEH PARTS PURCH -JULY
18.64
Page 2
Claims List
8/18/2015
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
ENGINEERING...
JPMORGAN CHASE BANK
MAXWELL- MARKING PAINT
111.96
JPMORGAN CHASE BANK
HOME DEPOT -LASER LEVEL
159.00
BENCHMARK SURVEYING & LAND SERVICES
SURVEY - STREET REPAIR
6,300.00
JPMORGAN CHASE BANK
HOME DEPOT - SURVEY STAKES
58.96
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
91.60
TOTAL ENGINEERING
7,202.66
INFORMATION TECHNOLOGY
JPMORGAN CHASE BANK
OFFICE DEPOT -PHONE CORD
4.99
JPMORGAN CHASE BANK
COX - INTERNET
1,309.00
JPMORGAN CHASE BANK
PAYPAL -KVM CABLES
91.96
NOBEL SYSTEMS, INC
GIS HOSTING FEES
18,800.00
CITY GARAGE
VEH PARTS PURCH -JULY
43.86
CITY GARAGE
LABORIOVERHEAD -AUG, 201
81.86
AMERICAN ELECTRIC POWER
FIBER ATTACHMENT FEES
477.71
VERIZON WIRELESS
WIRELESS CONNECTION
149.68
JPMORGAN CHASE BANK
OFFICE DEPOT - CORDED PHONE
14.99
TOTAL INFORMATION TECHNOLOGY 20,974.05
SUPPORT SERVICES
JPMORGAN CHASE BANK
LOWES -WOOD STAIN
9.19
JPMORGAN CHASE BANK
COX - INTERNET
69.95
JPMORGAN CHASE BANK
INTERSTATE - BATTERIES
43.90
JPMORGAN CHASE BANK
SAMS CLUB -WATER
7.96
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
4.19
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
11.98
FLEETCOR TECHNOLOGIES, INC.
FUEL PURCH JULY, 2015
155.97
JPMORGAN CHASE BANK
JOHNSTONE- REFRIGERANT
334.38
JPMORGAN CHASE BANK
DELL - COMPUTER
966.84
JPMORGAN CHASE BANK
NEWEGG -HARD DRIVE
84.99
CITY GARAGE
LABOR/OVERHEAD -AUG, 201
795.83
CITY GARAGE
VEH PARTS PURCH -JULY
17.88
AT &T
LONG DISTANCE PHONE BILL
0.11
JPMORGAN CHASE BANK -
LOWES -LIGHT BULBS
18.96
JPMORGAN CHASE BANK
LOWES- TOWING LOCK KIT
28.48
JPMORGAN CHASE BANK
LOWES -LIGHT SWITCH
7.39
JPMORGAN CHASE BANK
LOWES -AIR FILTERS
25.56
TREASURER PETTY CASH
PARKING FEE
4.00
JPMORGAN CHASE BANK
MURPHY SANITARY -SOAP
210.12
JPMORGAN CHASE BANK
LOWESSUPPLIES
4.68
JPMORGAN CHASE BANK
DALE & LEE'S -A/C REPAIR
117.00
JPMORGAN CHASE BANK
STD SPLY LAWN -OIL /STRING
68.30
JPMORGAN CHASE BANK
LOCKE SUPPLY- RETURN
-4.28
VERIZON WIRELESS
WIRELESS CONNECTION
29.65
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
11.75
JPMORGAN CHASE BANK
LIGHTING INC -LIGHT BULBS
162.00
Page 3
Claims List
811812015
Budget UnitTitle
Vendor Name
Payable Description
Payment Amount
SUPPORTS[ RVICES...
JPMORGAN CHASE BANK
DALE & LEE'S -A/C REPAIRS
117.00
OKLAHOMA DEPT OF CORRECTIONS TULSA
DOG WORKER PROGRAM - JULY
930.00
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASED - JULY
63.13
JPMORGAN CHASE BANK
DALE & LEE'S -A/C REPAIRS
78.00
TOTAL SUPPORTSERVICES 4,374.91
CEMETERY
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
191.30
JPMORGAN CHASE BANK
P & K EQUIPMENT - BLADES
60.81
VERDIGRIS VALLEY ELECTRIC COOP
CEMETERY ELECTRIC
44.31
TOTAL CEMETERY 296.42
POLICE SERVICES
JPMORGAN CHASE BANK
BOUND TREE- CREDIT
-17.69
JPMORGAN CHASE BANK
THOMSON -CLEAR ACCESS FYI
276.01
TOTAL POLICE SERVICES 258.32
POLICE COMMUNICATIONS
CHASE BANK
CLEANING
45.45
JJPMORGAN IWATERSTONE-DRY
LANGUAGE LINE SERVICES
TRANSLATION SERVICES
146.01
JPMORGAN CHASE BANK
OK PRESS SVC- SUPPLIES
30.00
TOTAL POLICE COMMUNICATIONS 221.46
ANIMAL CONTROL
JPMORGAN CHASE BANK
HILLS PET-SUPPLIES
84.75
JPMORGAN CHASE BANK
HILLS PET-SUPPLIES
76.68
JPMORGAN CHASE BANK
WALMARTSUPPLIES
116.14
JPMORGAN CHASE BANK
PETSMARTSUPPLIES
17.23
AT &T
LONG DISTANCE PHONE BILL
0.80
CITYGARAGE
VEH PARTS PURCH -JULY
399.00
CITY GARAGE
LABOR/OVERHEAD -AUG, 201
184.75
ANNE K. KARN
STERILIZATION SERVICES
375.00
JPMORGAN CHASE BANK
AMAZON-SUPPLIES
20.74
JPMORGAN CHASE BANK
WATERSTONE -DRY CLEANING
99.15
JPMORGAN CHASE BANK
TULSA PETS - BARKTOBER AD
290.00
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
49.99
JPMORGAN CHASE BANK
AMAZON- SUPPLIES
29.99
JPMORGAN CHASE BANK
HOME DEPOT- SUPPLIES
207.32
VERIZON WIRELESS
WIRELESS CONNECTION
80.02
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASED - JULY
28.06
FLEETCOR TECHNOLOGIES
IFUELMAN EXP - JULY, 2015
103.90
TOTAL ANIMAL CONTROL 2,163.52
EMERGENCY PREPAREDNES
VERIZON WIRELESS
WIRELESS CONNECTION
29.65
VERDIGRIS VALLEY ELECTRIC COOP
ELECTRIC BILL STORM SIREN
21.01
VERDIGRIS VALLEY ELECTRIC COOP
ELECTRIC BILL STORM SIREN
26.39
Page 4
claims T,ict
8/18/2015
Budget Unit Title I
Vendor Name
Payable Description
Payment Amount
EMERGENCY PREPAREDNES
VERDIGRIS VALLEY ELECTRIC COOP JELECTRIC
BILL STORM SIREN
26.47
TOTAL EMERGENCY PREPAREDNESS
103.52
STORMWATER
JPMORGAN CHASE BANK
LOWES- DRIVEWAY MARKERS
4.34
CITY GARAGE
LABOR /OVERHEAD -AUG, 201
2,162.58
CITY GARAGE
VEH PARTS PURCH -JULY
44.93
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
33.31
SPIRIT LANDSCAPE MANAGEMENT LLC
LANDSCAPE MAINTENANCE
216.25
SPIRIT LANDSCAPE MANAGEMENT LLC
LANDSCAPE MAINTENANCE
410.00
SHI INTERNATIONAL CORP
2013 WINDOWS OFFICE SFTWR
500.00
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
42.90
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
936.30
VERIZON WIRELESS
WIRELESS CONNECTION
147.01
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASED - JULY
181.54
JPMORGAN CHASE BANK
IP & K EQUIPMENT- BLADES
61.74
TOTAL STORMWATER
4,740.90
PARKS
ROGERS COUNTY RURAL WATER DISTRICT
WATER SERVICE CENTENNIAL
187.55
FREDRICK COSTIN JR
VETERAN PARK MOWING
110.00
FREDRICK COSTIN JR
SKATE PARK MOWING
120.00
FREDRICK COSTIN JR
RAYOLA PARK MOWING
344.00
FREDRICK COSTIN JR
ATOR PARK MOWING
120.00
FREDRICK COSTIN JR
ATOR PARK JULY MOWING
180.00
FREDRICK COSTIN JR
RAYOLA PARK JULY MOWING
516.00
FREDRICK COSTIN JR
SKATE PARK JULY MOWING
180.00
FREDRICK COSTIN JR
VETERANS PARK JULY MOWING
165.00
UNIFIRST HOLDINGS LP
PARKS UNIFORMS
15.25
STACEY HILLIS
RESTROOM RENTAL
140.00
MILES J. MARLAR
TUITION REIMBURSEMENT
416.25
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
447.28
VERIZON WIRELESS
WIRELESS CONNECTION
29.65
FLEETCOR TECHNOLOGIES, INC.
FUEL PURCH JULY, 2015
64.42
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
105.18
CITY GARAGE
VEH PARTS PURCH -JULY
223.78
CITY GARAGE
LABOR /OVERHEAD -AUG, 201
96333
AT &T
ILONG DISTANCE PHONE BILL
0.21
TOTAL PARKS 4,327.90
COMMUNITY CENTER AT &T LONG DISTANCE PHONE BILL 0.47
JPMORGAN CHASE BANK WALMART- GLOVES 3.97
JPMORGAN CHASE BANK TUCKER JANTL- SUPPLIES 90.00
JPMORGAN CHASE BANK TUCKER JANTLSUPPLIES 90.00
JPMORGAN CHASE BANK DOLLARTREE -DECOR 10.00
Page 5
Claims List
8/18/2015
Budget Unit Title
ndor Name
Payable Description PaymentAmoun
COMMUNITY CENTER...
SE BANK OFFICE
DEPOT-SUPPLIES
24.99
SE BANK
WALMARTSUPPLIES
16.91
SE BANK AMAZON
=INCPHONE
- ACRYLIC SIGNS
36.4D
SE BANK TARGET
-WALL SPACKLE
7.98
ET, INC
PHONE SYSTEM REPAIR
75.00
A & B ENGRAVING, INC.
MANAGER NAME PLATE
13.00
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
136.76
TOTAL COMMUNITY CENTER 505.48
HISTORICAL MUSEUM
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
36.02
L
IAT&T
LONG DISTANCE PHONE BILL
0.04
TOTAL HISTORICAL MUSEUM 36.06
ECONOMIC DEV JJPMORGAN
CHASE BANK
PAYPAL - LAPTOP PARTS
99.73
JPMORGAN CHASE BANK
PAYPAL - LAPTOP PARTS
58.19
CITY GARAGE
LABORIOVERHEAD -AUG, 201
74.66
JPMORGAN CHASE BANK
MEETING EXPENSE
62.17
JPMORGAN CHASE BANK
MEETING EXPENSE
4999
VERIZON WIRELESS
WIRELESS CONNECTION
29.65
374.39
TOTAL ECONOMIC DEV
212,758.9
FUND GRAND TOTAL
AMBULANCE SERVICE
PHYLLIS WHEELER
AMBULANCE REFUND
105.11
COMMUNITYCARE HMO
AMBULANCE REFUNDS
1,079.62
6 B RANCH LLC
AMBULANCE REFUND
81.98
JOHN JOHNSEY
AMBULANCE REFUND
25.41
CHARLES OR DOLORES DUFFY
AMBULANCE REFUND
202.70
BETTY SMITH
AMBULANCE REFUND
50.00
1,544.83
TOTAL AMBULANCE SERVICE
AMBULANCE
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
558.89
VERIZON WIRELESS
WIRELESS CONNECTION
238.63
JPMORGAN CHASE BANK
MEDICAL WASTE DISPOSAL
325.00
JPMORGAN CHASE BANK
BOUNDTREESUPPLIES
1,178.46
CITY OF TULSA
REIMBURSE PENSION PHYSICA
1,249.81
CITY GARAGE
LABORIOVERHEAD -AUG, 201
761.08
CITY GARAGE
VEH PARTS PURCH -JULY
20.00
JPMORGAN CHASE BANK
PHARM SYSTEMS- SUPPLIES
235.21
JPMORGAN CHASE BANK
HENRY SCHEIN - SUPPLIES
297.52
JPMORGAN CHASE BANK
HENRY SCHEIN - SUPPLIES
144.00
JPMORGAN CHASE BANK
QUADMED- SUPPLIES
701.00
Page 6
Claims List
8/18/2015
Budget Unit Title
Vendor Name
Payable Description jPaymentAmountj
TOTAL AMBULANCE
5,709.60
FUND GRAND TOTAL
7,254.4
E911 COMMUNICATIONS MOTOROLA SOLUTIONS, INC TOWER IR SITE MAINT FEE
2,016.01
AT &T
E911 MAPPING FEES
355.35
INCOG -12911
E911 ADMIN SVC FEES
7,856.88
TOTAL E911 COMMUNICATIONS
10,228.24
FUND GRAND TOTAL
10,228.2
HOTEL TAX - ECON DEV JPMORGAN CHASE BANK
TULSA REG - TULSA'S FUTURE
16,500.00
JPMORGAN CHASE BANK
TULSA REG - REGISTRATION
1,500.00
TOTAL HOTEL TAX - ECON DEV
18,000.00
STRONG NEIGHBORHOODS
CITYGARAGE
LABORIOVERHEAD -AUG, 201
67.16
FLEETCOR TECHNOLOGIES
FUELMAN EXP -. JULY, 2015
33.75
JPMORGAN CHASE BANK
PIKEPASS FEES
3.90
JPMORGAN CHASE BANK
MEETING EXPENSE
11.90
3TAL STRONG NEIGHBORHOODS
116.71
FUND GRAND TOTAL
18,116.71
STORMWATER- STORMWATE MID - CONTINENT CONCRETE CO, INC
SLURRY FOR SILVERCREEK
872.00
OWASSO TOP SOIL
DIRT
130.00
TOTAL STORMWATER- STORMWATER
1,002.00
FUND GRAND TOTAL
1,002.0
AMBULANCE CAPITAL FD JPMORGAN CHASE BANK
ZOLL- MEDICAL VENTILATORS -
15,660.00
TOTAL AMBULANCE CAPITAL FD
15,660.00
FUND GRAND TOTAL
15,660.0
SALES TAX FUND -FIRE ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
381.67
JPMORGAN CHASE BANK
LOCKE SUPPLY -VEH PARTS
15.01
JPMORGAN CHASE BANK
LOCKE SUPPLY -VEH PARTS
5.19
JPMORGAN CHASE BANK
ADVANCE AUTO - SUPPLIES
44.28
JPMORGAN CHASE BANK
TRAVEL EXPENSE
11.00
JPMORGAN CHASE BANK
TRAVEL EXPENSE
11.00
JPMORGAN CHASE BANK
NFPA- SUBSCRIPTION RENEWAL
1,255.50
Page 7
Claims List
8/18/2015
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
SALES TAX FUND - FIRE...
JPMORGAN CHASE BANK
LOWESSUPPLIES
34.98
JPMORGAN CHASE BANK
OFFICE DEPOT - SUPPLIES
40.50
JPMORGAN CHASE BANK
TRAINING EXPENSE
25.10
JPMORGAN CHASE BANK
PIKEPASS FEES.
34.50
JPMORGAN CHASE BANK
TRAVEL EXPENSE
25.71
JPMORGAN CHASE BANK
RESCUEGEARSUPPLIES
167.84
JPMORGAN CHASE BANK
OREILLYSSUPPLIES
29.96
JPMORGAN CHASE BANK
AMER OVERHEAD -DOOR REPAIR
146.00
JPMORGAN CHASE BANK
ULINE SHIP - STORAGE RACKS
2,943.66
JPMORGAN CHASE BANK
FEDEX- SUPPLIES
15.29
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
172.74
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
9.28
JPMORGAN CHASE BANK
TRAVEL EXPENSE
17.13
JPMORGAN CHASE BANK
LOWES- SUPPLIES
13.46
CITY GARAGE
LABOR/OVERHEAD -AUG, 201
3,264.16
JPMORGAN CHASE BANK
AMAZON -CARD SLEEVES
102.50
JPMORGAN CHASE BANK
LOWES- SUPPLIES
59.96
JPMORGAN CHASE BANK
OREILLYSSUPPLIES
6.48
JPMORGAN CHASE BANK
OREILLYS -PART
3.99
AT &T
LONG DISTANCE PHONE BILL
21.11
CONRAD FIRE EQUIPMENT INC.
REPLACEMENT LIGHT
153.90
CONRAD FIRE EQUIPMENT INC.
SPEEDOMETER
476.7
CONRAD FIRE EQUIPMENT INC.
REPLACEMENT LIGHT
16.06
CONRAD FIRE EQUIPMENT INC.
VEHICLE DIAGNOSTIC
214.76
CONRAD FIRE EQUIPMENT INC.
CLEARANCE LIGHT
13.63
NORTH AMERICA FIRE EQUIPMENT CO.
ANNUAL UNIFORM ORDER
3,331.34
NORTH AMERICA FIRE EQUIPMENT CO.
UNIFORMS FOR NEW HIRES
2,051.00
FLEETCOR TECHNOLOGIES, INC.
FUEL PURCH JULY, 2015
1,536.73
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASED -JULY
113.49
VERIZON WIRELESS
WIRELESS CONNECTION
693.42
FLEETCOR TECHNOLOGIES
IFUELMAN EXP - JULY, 2015
1 21200.44
TOTAL SALES TAX FUND -FIRE 19,659.49
19,659.4
FUND GRAND TOTAL
SALES TAX FUND - POLICE
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASED - JULY
15.02
PENNY HAMRICK
TUITION REIMBURSEMENT
412.80
OWASSO FOP LODGE #149 POLICE DEPT
LEGAL DEFENSE FY16
161.00
EVERETT BAXTER JR FORENSICS LLC
TRAINING /DET HAMRICK
355.00
SAV -ON PRINTING & SIGNS LLC
EVIDENCE RECOVERY FORMS
105.00
HOWARD K. SMITH
FUEL
142.35
AT &T
LONG DISTANCE PHONE BILL
27.25
JPMORGAN CHASE BANK
SAMS CLUB - BATTERIES
31.96
JPMORGAN CHASE BANK
BROWNELLS- FIREARM SUPPLIE
37.31
Page 8
Claims List
8/18/2015
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
SALES TAX FUND - POLICE... JPMORGAN
CHASE BANK
USPSSHIPPING
10.64
JPMORGAN
CHASE BANK
DOG TRAINERS -K9 SUPPLIES
26.38
JPMORGAN
CHASE BANK
SIRCHIE - SUPPLIES
89.55
JPMORGAN CHASE BANK
USPSSHIPPING
8.55
JPMORGAN CHASE BANK
NES ING -CLAN LAB KIT
312.23
CITY GARAGE
VEH PARTS PURCH -JULY
4,654.52
JPMORGAN CHASE BANK
GANDER MTNSUPPLIES
14.99
JPMORGAN CHASE BANK
BLUE HOUSE- REMOTE CONTROL
7.50
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
8,042.35
VERIZON WIRELESS
WIRELESS CONNECTION
687.67 -
JPMORGAN CHASE BANK
FAMILY MED -K9 VACCINES
200.70
JPMORGAN CHASE BANK
OFFICE DEPOT-SUPPLIES
53.43
JPMORGAN CHASE BANK
LODGING EXPENSE
502.90
JPMORGAN CHASE BANK
WATERSTONE -DRY CLEANING
1,336.10
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORMS
100.00
•
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORMS
1,561.75
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORMS
428.98
JPMORGAN CHASE BANK
SPECIAL OPS- UNIFORMS
103.98
TREASURER PETTY CASH
TRAVEL EXPENSE/BELL
36.03
TREASURER PETTY CASH
GLOVE(rRUJILLO
27.22
TREASURER PETTY CASH
TRAVEL EXPENSE /JONES
65.74
TREASURER PETTY CASH
TRAVEL EXPENSE /HAMRICK
25.67
JPMORGAN CHASE BANK
USPSSHIPPING
7.67
JPMORGAN CHASE BANK
PEDS CCAN - REGISTRATION
146.00
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
149.83
JPMORGAN CHASE BANK
AMAZON- DIGITAL CAMERA
98.98
CITY GARAGE
LABOR /OVERHEAD -AUG, 201
9,694.41
TOTAL SALES TAX FUND - POLICE 29,681.46
FUND GRAND TOTAL 29,681.4
SALES TAX FUND - STREETS
JPMORGAN CHASE BANK
ATWOODS- HARDWARE
0.72
TREASURER PETTY CASH
CDL LICENSE
76.50
TREASURER PETTY CASH
CDL LICENSE
76.50
TREASURER PETTY CASH
CDL LICENSE
80.50
JPMORGAN CHASE BANK
HD SUPPLY -CLAMP
33.58
AEP/PSO
STREET LIGHTS
5,922.80
AMERICAN ELECTRIC POWER
MAIN STREET LIGHTING
1,000.00
AMERICAN ELECTRIC POWER
SILVER CREEK LIGHTING
513.00
JPMORGAN CHASE BANK
HD SUPPLYSUPPLIES
119.59
JPMORGAN CHASE BANK
ATWOODS- SUPPLIES
85.15
JPMORGAN CHASE BANK
LOWES -PAINT
25.92
JPMORGAN CHASE BANK
HOME DEPOT-SHOVELS
51.94
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
42.90
Page 9
Claims List
8/18/2015
Budget Unit Title
Vendor Name
Payable Description
Payment Amount
SALES TAX FUND - STREETS...
TULSA ASPHALT, LLC
ASPHALT FOR POTHOLES
127.50
LENOX WRECKER SERVICE INC
TOWING SERVICES
335.00
CITY GARAGE
VEH PARTS PURCH -JULY
1,614.00
CITY GARAGE
LABOR/OVERHEAD -AUG, 201
2,534.66
VERDIGRIS VALLEY ELECTRIC COOP
SECURITY LIGHT
5.83
JPMORGAN CHASE BANK
ATWOODS -LOCK PINS /CAULK
28.32
JPMORGAN CHASE BANK
LOWES- SUPPLIES
34.27
UNIFIRST HOLDINGS LP
UNIFORM CLEANING
41.30
APAC OKLAHOMA, INC.
ASPHALT- POTHOLES
41.34
BLUE ENERGY FUELS, LLC
CNG FUEL PURCHASED - JULY
606.92
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
726.90
VERIZON WIRELESS IWIRELESS
CONNECTION
80.02
TOTAL SALES TAX FUND-STREETS 14,205.16
14,205.1
FUND GRAND TOTAL
CI - FBO BUILDING jBKL INCORPORATED JARCHITECTURAUENGINEERING 2,100.00
TOTAL CI - FED BUILDING 2,100.00
STREET REHAB FY15 IBECCO CONTRACTORS INC IFY 14 -15 STREET REHABILIT 119,031.68
TOTAL STREET REHAB FY75 119,031.68
121,131.6
FUND GRAND TOTAL
CITY GARAGE
ONEOK, INC OKLAHOMA NATURAL GAS
NATURAL GAS USAGE
88.11
JPMORGAN CHASE BANK
NAPA - JUNCTION BOX
86.98
JPMORGAN CHASE BANK
GOODYEAR TIRES
2,783.36
JPMORGAN CHASE BANK
BUMP21BUMP -PARTS
77.00
JPMORGAN CHASE BANK
UNITED FORD -PARTS
25.28
JPMORGAN CHASE BANK
UNITED FORD -PARTS
126.44
JPMORGAN CHASE BANK
UNITED FORD -PARTS
28.93
JPMORGAN CHASE BANK
SAFELITE- WINDSHIELD
189.50
JPMORGAN CHASE BANK
SNAP ON- ANNUAL SOFTWARE
1,728.00
JPMORGAN CHASE BANK
BUMP2BUMP -PARTS
54.06
AT &T
LONG DISTANCE PHONE BILL
2.09
JPMORGAN CHASE BANK
AMAZON - LAPTOP MONITOR
139.99
JPMORGAN CHASE BANK
DELL-SPEAKER BAR
30.79
JPMORGAN CHASE BANK
DELL - LAPTOP
1,137.46
JPMORGAN CHASE BANK
NEWEGG -HARD DRIVES
169.98
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
36.04
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
18..15
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
32.04
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
18.15
Page 10
Claims List
8/18/2015
Budget Unit Title
Vendor Name
Payable Description
PaymentAmount
CITY GARAGE...
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
18.15
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
32.04
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
15.10
UNIFIRST HOLDINGS LP
UNIFORM RENTAL FEES
32.04
FLEETCOR TECHNOLOGIES
FUELMAN EXP - JULY, 2015
35.46
JPMORGAN CHASE BANK
UNITED FORD -CORE RETURN
- 300.00
JPMORGAN CHASE BANK
MATTHEWS FORD - REPAIRS
820.55
JPMORGAN CHASE BANK
CLASSIC CHEW -PARTS
856.92
TOTAL CITY GARAGE 8,282.61
FUND GRAND TOTAL 8,282'6
WORKERS' COMP SELF -INS CITY OF OWASSO IMPRESTACCOUNT WORKERS COMP CLAIMS 323.00
CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS 323.00
TOTAL WORKERS' COMP SELF -INS 646.00
WORKERS' COMP SELF -INS
UNITED SAFETY & CLAIMS INC
UNITED SAFETY CLAIMS ADM[
1,658.33
CITY OF OWASSO IMPRESTACCOUNT
WORKERS COMP CLAIMS
1,204.76
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
187.25
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
1,147.50
CITY OF OWASSO IMPREST ACCOUNT
WORKERS COMP CLAIMS
366.98
CITY OF OWASSO IMPRESTACCOUNT
WORKERS COMP CLAIMS
366.98
TOTAL WORKERS' COMP SELF -INS 4,931.80
FUND GRAND TOTAL 5,577.8
GEN LIAR -PROP SELF INS JPMORGAN CHASE BANK STREETLAMPS -TORT CLAIM 83.00
TOTAL GEN LIAB -PROP SELF INS 83.00
FUND GRAND TOTAL 83.0
CITY GRAND TOTAL $463,641.55
Page 11
CITY OF OWASSO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 8/18115
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
ADMIN FEES
DENTAL DEPT TOTAL
VSP VISION MEDICAL SERVICES
ADMIN FEES
VISION DEPT TOTAL
HEALTHCARE SELF INSURANCE FUND TOTAL
AMOUNT
40,328.36
35,579.77
30,615.84
25,781.36
132,305.33
4,787.60
4,797.40
2,260.90
2,192.53
14,038.43
2,464.44
1,023.66
3,488.10
149,831.86
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING 08108115
Department
Payroll Expenses
Total Expenses
Municipal Court
5,054.22
7,751.52
Managerial
21,272.10
30,196.72
Finance
15,782.34
24,130.13
Human Resources
8,513.13
13,890.10
Community Development
14,572.07
23,598.18
Engineering
14,009.74
21,454.14
Information Systems
13,644.21
20,840.73
Support Services
6,734.96
9,816.03
Cemetery
1,086.40
1,695.29
Central Dispatch
18,608.01
31,228.59
Animal Control
3,519.60
5,285.24
Emergency Preparedness
1,653.00
2,371.64
Stormwater /ROW Maint.
5,120.37
8,026.18
Park Maintenance
4,962.09
7,825.30
Culture /Recreation
4,804.45
7,953.06
Community- Senior Center
3,392.00
4,746.74
Historical Museum
654.40
734.75
Economic Development
3,541.27
4,619.28
General Fund Total 146,924.36 226,163.62
Garage Fund Total 4,687.60 7,691.37
Ambulance Fund Total 365.00 409.82
Fire Fund 37 Total 144,316.55 220,874.01
Police Fund 38 Total 139,889.07 210,252.64
Streets Fund 39 Total 7,886.64 14,074.17
Stormwater Fund 27 Total
Worker's Compensation Total 2,947.20 3,529.70
Strong Neighborhoods Total 3,576.21 5,285.66
GENERAL FUND & HALF -PENNY SALES TAX
FISCAL YEAR 2015 -2016
Budgetary Basis
Statement of Revenues & Expenditures
As of July 31, 2015
MONTH
YEAR
PERCENT
TO -DATE
TO -DATE
BUDGET
OF BUDGET
REVENUES:
Taxes
$
2,614,366
$
2,614,366
$
29,586,666
8.84%
Licenses & permits
20,368
20,368
257,800
7.90%
Intergovernmental
100,281
100,281
659,600
15.20%
Charges for services
41,589
41,589
660,755
6.29%
Fines & forfeits
42,180
42,180
742,250
5.68%
Other
3,832
3,832
81,550
4.70%
TOTAL REVENUES
$
8.82%
2,822,616
$
2,822,616
$
31,988,621
EXPENDITURES:
Personal services
$
(1,135,728)
$
(1,135,728)
$
(17,418,906)
6.52%
Materials & supplies
(20,473)
(20,473)
(1,031,744)
1.98%
Other services
(142,488)
(142,488)
(1,957,193)
7.28%
Capital outlay
(42,936)
(42,936)
(2,407,520)
1.78%
TOTAL EXPENDITURES
$
5.88%
(1,341,626)
$
(1,341,626)
$
(22,815,363)
REVENUES OVER EXPENDITURES
$
1.00%
1,480,990
$
1,480,990
$
9,173,258
TRANSFERS IN (OUT):
Transfers in
$
1,286,910
$
1,286,910
$
15,251,007
8.44%
Transfers out
(2,073,553)
(2,073,553)
(23,850,000)
8.69%
TOTAL TRANSFERS
$
(786,643)
$
(786,643)
$
(8,598,993)
9.15%
NET CHANGE IN FUND BALANCE
$
694,347
$
694,347
$
574,265
ENCUMBRANCES OUTSTANDING
FUND BALANCE (Budgetary Basis)
Beginning Balance 2,476,051 2,476,051
Ending Balance $ 3,170,398 $ 3,050,316
nTity Wit out Limits.
TO:
The Honorable Mayor and City Council
FROM:
Juliann M. Stevens
Deputy City Clerk
SUBJECT:
Policy Statement Revision - Sales Tax Watchdog Committee
DATE:
August 14, 2015
BACKGROUND:
As discussed during the August worksession, the Sales Tax Watchdog Policy Statement sets the
regular meetings dates of the committee for the fourth Monday in January and July of each
year. Meeting participation is especially important with only two meetings per year.
Participation during the July meeting is typically low due to summer vacations.
During their regular meeting of July 27, 2015, the Sales Tax Watchdog committee voted
unanimously to recommend a policy amendment to the City Council changing the regular
meeting months to March and September. The meeting dates would remain on the fourth
Monday.
In addition, the 2011 Policy Statement identifies the committee as a fourteen member body, of
which four positions serve as Member at Large. As far back as 2006 records, there have
consistently been fifteen members of the committee, of which five positions serve as Member at
Large. Staff is proposing amending the Policy Statement to reflect the actual number of
committee members.
RECOMMENDATION:
Staff recommends Council approve the revisions to the Sales Tax Watchdog Committee Policy
Statement.
ATTACHMENT:
Policy Statement with revisions
POLICY STATEMENT (revised)
OWASSO CITY COUNCIL
CITY OF OWASSO, OKLAHOMA
The Sales Tax Watchdog Committee was initially formed as a part of the 1988 Sales Tax Extension
for the purpose of providing a body of representatives from various interest groups within the
Owasso community to monitor the use of the designated third penny of local sales tax.
Individuals from the representative group as well as from at large are appointed to this
committee by the Mayor and confirmed by the City council. Such persons are charged with
meeting on a regular basis to review the status of capital improvement projects funded by the
third penny sales tax. The passage of Ordinance Number 763 and 766 by the City Council as
well as the subsequent approval of such ordinances by the qualified electors of the City of
Owasso assured a continuation of the Sales Tax Watchdog Committee and the oversight given
by such committee.
In order to ensure the integrity of the composition of the Sales Tax Watchdog Committee, the
City Council of the City of Owasso adopts the following criteria as guidelines for the future
appointments to the Owasso Sales Tax watchdog Committee.
1. Each appointee must be a resident within the area defined a the Owasso
fenceline and /or school district (herein referred to as the "service area ") and
must not be presently serving in any elective or other Council appointed
position with the City of Owasso;
2. NEWS MEDIA APPOINTMENT — An individual who conducts media - related
activities within the service area as their primary career or business;
3. RETAIL BUSINESS APPOINTMENT — An individual who operates a retail outlet,
that being a business conducting direct sales to the public within the service
area;
4. SERVICE BUSINESS APPOINTMENT — An individual who operates a service
business, that being a business providing direct services to the public within
the service area;
5. EDUCATION APPOINTMENT — An individual employed by and actively
engaged in an Owasso school, either as an administrator or a teacher, and
who resides in the service area;
6. RECREATION APPOINMTENT — An individual who is an active member of an
organized group promoting the development of amateur sports and
recreation in the service area;
7. BUILDING INDUSTRY APPOINTMENT — An individual who is engaged in real
estate improvement consisting of construction and /or development and
having his /her primary business within the service area;
8. SENIOR CITIZEN APPOINTMENT - An individual who has attained the age of 60
years or more and who resides within the service area;
9. FINANCIAL APPOINTMENT - An individual who is an officer or employee of a
financial institution engaging in banking, the brokerage of stocks or bonds, or
other major financial activity within the defined service area; and,
10. MEMBER AT LARGE APPOINTMENT - An individual who is a resident within the
service area.
The Sales Tax Watchdog Committee shall consist of fifteen (15) members selected from the
following:
News Media
Retail Business
Service Business
Education
Recreation
Building Industry
Senior Citizen
Financial
Members at Large
One Position
Two Positions
Two Positions
One Position
One Position
One Position
One Position
One Position
Five Positions
A vacancy in any appointed position is hereby declared to exist upon the occurrence of any of
the following events, to -wit:
1. Any appointee absent from more than one -half of all regular or special
meetings in any twenty -four (24) consecutive month period;
2. Any appointee who moves his /her residence out of the service area; or,
3. Any appointee who is no longer employed or engaged in the category from
which he /she was appointed.
The City Council shall be the sole judge of the qualifications of the appointees. Once a
vacancy has been determined to exist by the City Council, the City Council shall appoint an
individual possessing the requisite qualifications to serve from the respective category on the
Sales Tax Watchdog Committee.
The Sales Tax watchdog Committee shall meet not less than two (2) times per fiscal hear. Such
two regular meetings are hereby set for the fourth Monday of March and the fourth Monday of
September, and thereafter the fourth Monday's in March and September of each succeeding
year thereafter.
Original Policy Statement approved by City Council April 20, 2004
Revision February 15, 2011
Revision August 18, 2015
O. pVA
City Without Limits.
TO:
The Honorable Mayor and City Council
City of Owasso
FROM:
Scott Chambless
Chief of Police
SUBJECT:
Cherokee Nation Grant
DATE:
August 14, 2015
BACKGROUND:
Pursuant to Cherokee Nation Legislative Act 4 -03, up to twenty percent (20 %) but not less than
five percent (5 %) of funds generated by fees collected for the Cherokee Nation Motor Vehicle
Tags are to be made available to county and municipal law enforcement agencies within the
Cherokee Nation jurisdiction.
In June of 2015, the Cherokee Nation Tribal Council offered to provide grant funds to the
Owasso Police Department. In July of 2015, the department received a check from the
Cherokee Nation in the amount of $3,805. This funding is to be used to procure law enforcement
equipment.
RECOMMENDATION:
Staff recommends acceptance of the grant and approval of a budget amendment increasing
the estimated revenue in the General Fund by $3,805 and increasing the appropriation for
expenditures in the Police Services budget by $3,805.
nTity Wii out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson
Director of Community Development
SUBJECT: PUD Amendment (PUD- 05 -02A) Morrow Place
DATE: August 14, 2015
BACKGROUND:
During the July and August 2015 worksessions, staff presented a Planned Unit Development
(PUD) application for review and approval of an amendment to a development called Morrow
Place. The subject property is located between E 116th St N and E 126th St N, and between N
1291h E Ave and US -169. Originally, this PUD was approved as PUD -05 -02 in 2005. The original PUD
called for a mixture of uses: single - family residential, commercial, school, and multi - family.
Because this was a larger PUD, staff has placed this item on the agenda of two worksessions to
allow the Council ample time to review the project and ask any questions of staff. Please refer
to the attached memo from the July worksession for project information.
NEW INFORMATION:
Under the applicable payback section of the previous memo the Morrow Sales Tax Rebate
payback was omitted.
This application is an amendment to the original PUD by requesting to modify the requested
densities in the single - family residential areas of the development. The original PUD had varying
single - family residential densities and an overall gross density (open /green space not included)
of approximately 6.36 units per acre (656 units/ 103 acres). The amended PUD requests a much
lower density of 3.74 units per acre (386 units /103 acres).
Though the PUD amendment (PUD- 05 -03A) also requested to add the possibility of
apartment /multi - family development in the Commercial Areas, C, D and G, the applicant has
now stated that the possibility of multi- family development would be requested only in
Commercial Area G.
PLANNING COMMISSION:
This item was taken to the regular meeting of the Planning Commission on August 10, 2015. The
Planning Commission voted 4 -0 to recommend approval with the following conditions:
• No A/C condensers be allowed in side yard setbacks in the residential areas.
• All residential lots shall maintain a minimum 25 foot front yard setback.
• Multi- family development shall only be allowed in Commercial Area 'G'
RECOMMENDATION:
Staff recommends approval with the following conditions:
• No A/C condensers be allowed in side yard setbacks in the residential areas.
• All residential lots shall maintain a minimum 25 foot front yard setback.
• Multi- family development shall only be allowed in Commercial Area 'G'
ATTACHMENTS:
Staff Memorandum dated July 10, 2015
Area Map
Aerial Map
Zoning Map
PUD- 05 -02A Site Plan
Development Plan
Original PUD -05 -02 Plan
T oui limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson
Director of Community Development
SUBJECT: PUD Amendment (PUD- 05 -02A) Morrow Place
DATE: July 10, 2015
BACKGROUND:
The City of Owasso received a Planned Unit Development (PUD) application for review and
approval of an amendment to a development called Morrow Place. The subject property is
located between E 1161h St N and E 1261h St N, and between N 129th E Ave and US -169. The
original PUD called for a mixture of uses: single - family residential, commercial, school and multi-
family. Originally, this PUD was approved as PUD -05 -02 in 2005.
Portions of the development have begun with commercial properties along E 116th St N
(MCDonalds, Discount Tire, Walgreen's and Taco Bell), but the larger part of the development
has remained untouched. A large reason for the delay in developing the majority of the Morrow
Place was the economic slowdown that caused a lull in development for many years.
After 10 years, the applicant has requested to amend the PUD in order to keep up with market
demands and to be as attractive as possible for investors and new commercial ventures. A lot
has changed in Owasso over the past 10 years, so the PUD is being amended in order to
respond to this change.
SURROUNDING ZONING:
Direction
Zoning
Use
Land Use Plan
Jurisdiction
North
N/A - Collinsville
Residential
N/A
Tulsa
County/Collinsville
CS (Commercial
South
Shopping) & RS -3
Residential &
Commercial,
(Single - Family
Commercial
Residential &
City of Owasso
Residential )
Transitional
East
AG (Agriculture)
US -169 &
Residential
City of Owasso
Residential
--TAG
(Agriculture)
Residential &
R esi d na
etil,
Transitional &
City of Owasso &
Commercial
Commercial
Tulsa County
SUBJECT PROPERTY /PROJECT DATA:
Property Size
237.73
Current Zoning
AG, CS, RS -3
Proposed Use
Commercial, Residential, Multi-
Family, School
Lots /Blocks
N/A
Land Use Plan
Transitional, Residential, Public and
Commercial
Number of Reserve Areas
N/A
Area A - 3.16 Units /Acre
Residential Dwelling Units per Acre
Area B -4.09 Units /Acre
Areas C,D,G - Max 25 Units /Acre
Multi-Family
Within PUD?
PUD -05 -02
Within Overlay District?
US -169
Water Provider
Washington County Rural Water
District #3
Storm siren fee of $35 /acre; Ranch
Applicable Paybacks
Creek Sewer Payback of
610.33 /acre
Streets (public or private)
N/A
CONCEPT OF A PUD:
The concept of a Planned Unit Development is to provide a creative alternative to conventional
development where a particular tract is under common ownership or control and where a
detailed development plan, outlining the development of the tract as a unit is proposed and
submitted for public review. The use of a PUD technique is a way to amend a zoning ordinance
in accordance with a complete and coordinated plan of development for a larger parcel,
rather than piecemeal individual changes using the variance process. Additionally, a PUD
typically produces a higher quality product with better amenities, architecture, landscaping and
buffering,
ANALYSIS:
The original PUD -05 -02 called for a mixture of single- family home densities, commercidl areas,
recreation areas and new elementary school. The amended PUD calls for the same uses, but
has moved some densities to other areas and has amended the commercial spaces to allow for
multi - family development as well. The attached exhibits show the major changes to the overall
PUD.
Regarding the single - family areas, the densities were simply moved around, resulting in an area
with 52 -foot wide minimum lots (similar to Lake Valley) and larger lots that are a minimum of 60
feet in width. An area of high- density residential development is now removed from the original
plan and spread into the single - family areas, resulting in more smaller lots than were originally
proposed. The neighborhoods are designed with amenities, will have trails and paths to access
the commercial areas, the park areas and the elementary school, creating a truly walkable
neighborhood.
The development proposes a park and recreation area for the use of the residents in the area.
Pools are also planned for the neighborhood areas which should provide the homeowners with
ample recreational opportunities.
City of Owasso recommendations for the PUD: On lots smaller than 75 feet in width, no A/C
condensers shall be allowed to be built into the required 5 foot sideyard setback. Additionally,
front yard setbacks shall be at least 25 feet.
If the PUD is approved, the applicant will provide final development plans for administrative
review and approval by City staff. PUD applications presented to the Planning Commission and
City Council are for approval of the uses, the overall plan as it relates to the immediate area,
and the concept for the development.
Legal notices of the PUD request were published in the Owasso Reporter and notices were
mailed to property owners within a 300' radius of the subject property.
COMPREHENSIVE PLAN CONSISTENCY:
The subject property where the PUD is proposed is denoted with transitional, residential, public
and commercial in the GrOwasso 2030 Land Use Master Plan. Given this, staff believes that the
proposed project is in conformance with 2030 GrOwasso Land Use Master Plan.
HARMONY WITH THE EXISTING AND EXPECTED DEVELOPMENT:
This proposal appears to be consistent with the current and expected development of the area.
This PUD proposes uses that will be compatible and will create a needed mixed -use
development. Great care was given to the layout of the different land uses, providing buffers
between the uses and also providing adequate multi -modal access. The uses of the PUD will fit
in with the surrounding uses, though the majority of the development is separated from
surrounding uses by arterial roadways.
PLANNING ISSUES:
Future planning issues must still be considered if the PUD is approved. If approved, the applicant
will be required to adhere to all City of Owasso subdivision regulations and engineering
requirements.
According to the Owasso Zoning Code, the Planning Commission and City Council shall hold a
public hearing on any PUD application and determine the following:
1. Whether the PUD is consistent with the Comprehensive Plan.
2. Whether the PUD is in harmony with the existing and expected development of surrounding
areas.
3. Whether the PUD is a unified treatment of the development possibilities of the project site.
4. Whether the PUD is consistent with the stated purpose and standards of the PUD ordinance.
a. To permit innovative land development while maintaining appropriate limitation on
the character and intensity of use assuring compatibility with adjoining and
proximate properties;
b. To permit flexibility within the development to best utilize the unique physical
features of the particular site;
c. To provide and preserve meaningful open space; and
d. To achieve a continuity of function and design within the development.
PLANNING COMMISSION:
This item is being taken to the regular meeting of the Planning Commission on July 13, 2015
ATTACHMENTS:
Area Map
Aerial Map
Zoning Map
PUD- 05 -02A Site Plan
Development Plan
Original PUD -05 -02 Plan
l
OPUD 15 -02 -A
1" = 3,009 fl PUD Amendment 06/08/2015 Ma
his 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, I
please contact Owasso staff for the most up-to-date information.
PUD- 05 -02A
1" = 1,505 f6 Sub Title
07/10/2015
���y_
s
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.
2
i
Hxhhit ptep�re� pq Planninig DeSi��n Greuu
P==11 0
Table of Contents
Development Concept
Development Standards
Access and Circulation
Drainage and Utilities
Environmental Analysis and Topography
Existing Zoning and Land Use
Schedule of Development
Exhibits
G
Exhibit "A"
Legal description of Planned Unit Development
s
Exhibit "B"
PUD Concept Illustration and Development Areas
+>-
Fxil lt3lt --C"
1- ?1 n- BeiEeE6 ..ter- -s-
area
E�
graph
Exhibit "E"
Site Utilities
Exhibit "F"
Existing Zoning & Land Uses
Exhibit "G"
Aerial Photograph
Exhibit "H"
Oblique Aerial Photograph
s
Exhibit "I"
Existing Soils Map
Development Concept
Morrow Place is an exciting, mixed -use development on a unique, large parcel of
presently undeveloped land within the City of Owasso. The project site is located
on the historic Morrow Farm consisting of over 240 acres along the U.S. Highway
969 Corridor. Great care was taken in the 'master planning' phase of this
development to insure a compatible development with existing land uses and to
maintain an historic connection with the past uses.
Section 820 of the Owasso Zoning Code states the purposes of the Planned Unit
Development (PUD) are to permit innovative land development while maintaining
appropriate limitations on the character and intensity of use. Additionally, a
purpose of the PUD is to permit flexibility within the development to best utilize
the unique physical features of the particular site and provide and preserve
meaningful open space. The proposed PUD meets and exceeds this
requirement and the stated purposes of the Owasso Zoning Code,
The PUD is divided into five various development areas, each with a unique set
of development standards for regulated, quality development. The residential
areas proposed for the development will vary in lot size and dwelling sizes in
order to provide a greater variety of housing types and price points. Although
specific commercial uses are not known at this time, the configuration of the
commercial area maximizes the highway and arterial street frontages.
Commercial uses are highly restricted and limited to only those uses appropriate
with the surrounding uses.
Throughout the PUD, a property owner's association will be formed for the
residential areas. A similar association may be formed for the non - residential
areas depending on the method and timing of those development areas. Each
platted area will establish private covenants which set forth minimum dwelling
sizes, percent of masonry, architecture review of elevations and other criteria
which will establish and maintain a very high quality of development. The
developers will work with land planners to develop aesthetic features such as
nicely landscaped entries, neighborhood recreation areas and proper screening
and landscaping buffers between commercial and residential uses.
Within Development Area "C ", an historic museum is proposed along with
residential single - family uses. In the event this museum is eventually developed,
the museum will provide a connection with the events and families that once
occupied the Morrow site, including connections with the past of the City of
Owasso. Alternatively, this museum area may eventually be developed solely
with single - family residences as set forth in the Development Area "C" criteria.
2
Development Standards
Development area A (Residential single- family)
Land Area: 32.22 acres
Permitted Uses: Uses permitted as a matter of right in Use Unit 6 of the City of
Owasso Zoning Code, along with customary and accessory uses, including but
not limited to landscaped entrances, neighborhood swimming pool and recreation
area, and other uses which may be incidental thereto.
Maximum Number of Dwelling Units:
Minimum Lot Width:
Minimum Lot Area:
Maximum Building Height:
Off- Street Parking:
Minimum Yard Requirements :*
Front property line abutting a street
Side property line abutting a street
Side property line not abutting a street
From rear property line
102+/-
60 feet"
7,200 sf*
35 feet
Two (2) enclosed off - street
parking spaces per
dwelling unit.
25 feet
5 feet
5 feet
20 feet
Signs:
A maximum of two entry identification signs shall be permitted at each
entry with a maximum of 64 square feet of display signage surface area at each
entrance of the development residential public streets.
Development area B (Residential single- family)
Land Area: 69.29 acres
Permitted Uses: Uses permitted as a matter of right in Use Unit 6 of the City of
Owasso Zoning Code, along with customary and accessory uses, including but
not limited to landscaped entrances, neighborhood swimming pool and recreation
area, and other uses which may be incidental thereto.
Maximum Number of Dwelling Units:
Minimum Lot Width:
Minimum Lot Area:
MaxirnUm Building Height:
Off - Street Parking:
Minimum Yard Requirements:
Front property line abutting a street
Side property line abutting a street
Side property line not abutting a street
From rear property line
284+1-
52 feet
6,200 sf
35 feet
Two (2) enclosed off - street
parking spaces per
dwelling unit.
25 feet
5 feet
5 feet
20 feet
Signs:
A maximum of two entry identification signs shall be permitted at each
entry with a maximum of 64 square feet of display signage surface area at each
entrance of the development residential public streets.
Development Standards
Development areas C, D and G (Commercial /Multi - Family)
Land Area:
82.20 acres
Permitted Uses: Those uses as permitted by right and by exception in the CS,
CG and MF districts of the City of Owasso Zoning Code. No sexually oriented
businesses shall be permitted.
Multi- Family area not to exceed 20 acres.
Maximum Floor Area:
Minimum Lot Width:
Minimum Lot Area and Setbacks
As permitted by applicable zoning code
As permitted by applicable zoning code
As permitted by applicable zoning code
Screening: Uses within Development Area "D" shall
be screened from other development
areas within the PUD by the erection
and maintenance of a six foot tall solid
screening fence.
Off - Street Barking:
Signs:
Architectural Review:
As required by applicable zoning code
As permitted by applicable zoning code
The Developers shall establish an architectural review committee to review all
building elevations and site plans prior to construction. Such review is to insure a
homogeneous architectural style is maintained with the development throughout
the PUD.
Development Standards
Development area E (School)
Land Area: 17.00 acres
Permitted Uses: Public school use along with customary and accessory uses
as permitted by the City of Owasso Zoning Code.
Maximum Floor Area Ratio:
Minimum Lot Width:
Minimum Lot Area and Setbacks:
Off- Street Parking:
50%
As permitted by applicable zoning code
As permitted by applicable zoning code
As required by applicable zoning code
Signs: As permitted by applicable zoning code
R
Development Standards
Development area F (Park and Reserve Area)
Land Area; 37.02 acres
Permitted Uses: Playgound, pool house.
This area will be used as a park with a playground and community pool
and also include trails from the neighborhoods and natural areas around the
creek.
Access and Circulation
Access to the subject tract is excellent. East 116th Street North is designated as
a 120' Primary Arterial with East 126th Street North and North 129th East Avenue
designated as a 100' Secondary Arterial by the Major Street and Highway Plan.
The tract is also abutted to the east by a limited access U.S. Highway. Access
points to the development will be reviewed and approved by the City during the
platting process and controlled through limits of access shown on the plats.
Internal circulation will be accommodated through the construction of a collector
street and minor residential streets. Separation of commercial traffic through
residential areas will be planned for.
Environmental Analysis and Topography
The property ranges in existing conditions from gently rolling pasture land to
heavily wooded drainage areas. Elevations generally range from 700' to 660'
above mean sea level,
The Soil Survey of Tulsa County, Oklahoma was used to help identify soils types
and constraints to development that be might present. Existing soils on the
subject tract consist of Bates Loam, (1 to 3 percent slopes); Bates - Coweta
Complex, (3 to 5 percent slopes); Coweta -Bates Complex, (2 to 6 percent
slopes); Dennis Silt Loam, (1 to 3 & 3 to 5 percent slopes); Dennis -Cary town
Complex, (1 to 3 percent slopes); Dennis - Radley Complex, (0 to 12 percent
slopes); & Okema Silt Loam, (1 to 3 percent slopes).
Drainage and Utilities
Location of floodplain areas (if any) will be identified and taken into consideration
during the final design process. On -site detention facilities will be designed and
incorporated into the subdivision. These detention facilities will also be used for
landscaped open space for the recreation and enjoyment of the residents.
Existing Zoning and Land Use
The Tract is currently subject to a PUD with RS -3, Residential Single- Family, CS,
Commercial Shopping District zoning. Three Commercial Out - Tracts each have
an existing commercial building and a fourth is under construction. The Applicant
is requesting an Amendment to the existing PUD to add a Multi - Family option to
the PUD in an area previously defined for commercial uses. The other existing
zoning classifications in this PUD will remain the same.
Plat Review
No building permit shall be issued until a subdivision plat(s), which will serve as
the site plan, is /are approved and filed of record with the Tulsa County Clerk.
i
Exhibit "A.1"
Morrow Place
Development Tract Exhibit
279.99'
S 01'26'23" E
329.98'
S 01'26'23" E N 88'56'45" E
N
BT5 45" E 300.42'
o POB C 230 E. 126TH ST. N.
84433' S 84'50''0606 " E
N.T.S. POB B
w
NW CORNER
C mM
SECTION 4
4
.00
Acrres
R -14 -E
534.96' rnFM
N 88'56'45" E mo
m LOT 3
B
69.29 Acres I M
V1
I
r> n
217.92'
660.70' S 1'25'13" E
S 88'48'49" W
O N
Z
O)
E K0
W
'
>
17.00 Acres �
4
N }
W
O Q
M �_
� N Z
I
�
=
N 88'47'03" E
1149.11'
Z
POB E
POB
F
CORNER W
F
SW/4
37,02 Acres No
ri a0
nr
�o
G
3
65.75 Acres -Zt
m
32.222 Acres top
O N
b O
Z
D
In
POB
A
341.99'
S 12'12'21" W
103.07'
S 7442'24" W L = 285.87'
R = 1220.85'
POB TOTAL & D
SW CORNER
12.45 Acres 99.99'
V1, 2 SECTION 4
.
S 01'15'26" E
1-2i -N R -14 -E
- 224.99'
E. 116TH
Sl. N.
5 88'44'34 W S 8844'34" W
- 7318.87'
POB G 500.59'
SW CORNER 100'0 S 85'52'50" W
E/2 SW /4 5 01'26'09" E 168.85'
S 88'44'34" W
Exhibit "A.2"
Morrow Place
Total Tract Description.
A Tract of land located in West Half (W /2) of Section Four (4) of Township Twenty -One
(21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B &M.),
according to the U.S. Government Survey thereof, Rogers County, State of Oklahoma;
being more particularly described as follows:
Beginning at the SW corner of the SW/4 of Section 4, T -21 -N, R -14 -E, I.B. &M.; Thence
N 01 °28'15" W a distance of 2,643.39 feet along the west line of said Section 4; Thence
N 01 °28'43" W continuing along said west line of Section 4 a distance of 2,642.23 feet
to the NW corner of the NWA of said Section 4; Thence N 88 056'45" E a distance of
844.33 feet along the north line of said Section 4; Thence S 01 °26'23" E a distance of
329.98 feet; Thence N 88 056'45" E a distance of 534.96 feet; Thence N 01 °26'23" W a
distance of 279.99 feet; Thence N 88 °56'45" E a distance of 300.42 feet; Thence S
84 °50'06" E a distance of 230.25 feet; Thence S 01025'13" E a distance of 694.69 feet;
Thence S 14 017'39" E a distance of 336.60 feet; Thence S 01 025'13" E a distance of
217.92 feet; Thence S 88 °48'49" W a distance of 660.70 feet; Thence S 01 026'23" E a
distance of 1,321.75 feet; Thence N 88 °47'03" E a distance of 1,149.11 feet; Thence S
01 018'02" F_ a distance of 1,173.23 feet; Thence S 02 004'52" W a distance of 602.57
feet: Thence S 12 012'21" W a distance of 341.99 feet; Thence along a curve to the left
having a radius of 1,220.86 feet, a central angle of 13 °27'46 ", a chord length of 286.21
feet, a chord bearing of S 05 028'27" W a distance of 286.87 feet; Thence S 01 °15'26" E
a distance of 100.00 feet; Thence S 88 °44'34" W a distance of 224.99 feet; Thence S
85 °52'50" W a distance of 500.59 feet; Thence S 74 042'24" W a distance of 103.07 feet;
Thence S 88 044'34" W a distance of 168.85 feet; Thence S 01 026'09" E a distance of
100.00 feet to a point on south line of said Section 4; Thence S 88 044'34" W a distance
of 127.10 feet along the south line of said Section 4 to the Point of Beginning, and
containing 237.73 acres, more or less.
Basis of bearing and distance is the Oklahoma State Plane Coordinate System,
A.2 Total Legal Revised
Exhibit "A.3"
Morrow Place
Tract 'A' Description
A tract of land located in the West Half of the Southwest Quarter (W /2 SW 14) of
Section Four (4) of Township Twenty -One (21) North and Range Fourteen (14)
East of the Indian Base and Meridian (I.B. &M), according to the U.S.
Government Survey thereof, Rogers County, State of Oklahoma; being more
particularly described as follows:
Commencing at the SW corner of the SW/4 of Section 4; T -21 -N, R -14 -E, I.B &M.;
Thence N 01 °28'15" W a distance of 749.95 feet along the west line of said
Section 4 to the Point of Beginning; ; Thence N 01 028'15" W a distance of
1;555.60 feet; Thence N 88 031'45" E a distance of 50.00 feet; Thence S
69 °14'35" E a distance of 848.07 feet; Thence S 17 °52'38" E a distance of
170.96 feet; Thence S 01 042'13" W a distance of 176.28 feet; Thence S
05 °31'06" E a distance of 169.36 feet; Thence S 08 059'57" E a distance of 84.22
feet; Thence S O8 050'25" W a distance of 228.00 feet; Thence S 00 044'59" W a
distance of 47.29 feet; Thence S 13 027'38" E a distance of 430.74 feet; Thence S
05 °18'18" W a distance of 333.53 feet; Thence N 90 °00'00" W a distance of
22.67 feet; Thence along a curve to the right having a radius of 600.00 feet, a
central angle of 45 000'00 ", a chord length of 459.22 feet, a chord bearing of N
67 030'00" W a distance of 471.24 feet; Thence N 45 000'00" W a distance of
83.84 feet; Thence along a curve to the left having a radius of 430.00 feet, a
central angle of 46 028'15 ", a chord length of 339.28 feet, a chord bearing of N
68 014'07" W a distance of 348.76 feet; Thence S 88 031'45" W a distance of
93.51 feet to the Point of Beginning, and containing 32.22 acres, more or less.
Basis of bearing and distance is the Oklahoma State Plane Coordinate System.
A.3'1'ract A Legal
Exhibit "A.4"
Morrow Place
Tract `B' Description
A Tract of land located in the Northwest Quarter (NW /4) of Section Four (4), of
Township Twenty -One (21) North and Range Fourteen (14) East, Indian Base
and Meridian (l.B &M.) according to the U.S. Government Survey thereof, Rogers
County, State of Oklahoma and more particularly described as follows:
Beginning at the NW corner of the NW/4 of Section 4, T -21 -N, R -14 -E, I.B. &M.;
Thence N 88 056145" E a distance of 844.33 feet along the north line of said
Section 4; Thence S 01 °26'23" E a distance of 329.98 feet; Thence N 88 056'45"
E a distance of 534.96 feet; Thence N 01 026'23" W a distance of 279.99 feet;
Thence N 88 °56'45" E a distance of 170.00 feet; Thence S 01 026'23" E a
distance of 419.85 feet; Thence N 88 033'35" E a distance of 31.09 feet; Thence
along a curve to the right having a radius of 50.00 feet, a central angle of
36 °01'59 ", a chord length of 16.26 feet, a chord bearing of S 73 025'26" E a
distance of 31.44 feet; Thence S 55 °24'26" E a distance of 86.25 feet; Thence
along a curve to the left having a radius of 325.00 feet, a central angle of
36 000'47 ", a chord length of 200.93 feet, a chord bearing of S 73 024'50" E a
distance of 204.28 feet; Thence N 88 034'47" E a distance of 37.64 feet; Thence
^ ! S 01'25'13" E a distance of 179.71 feet; Thence S 14 017'39" E a distance of
336.60 feet; Thence S 01 025'13" E a distance of 217.92 feet; Thence S 88 04849"
W a distance of 1260.70 feet; Thence S 01 026'23" E a distance of 908.31 feet;
thence along a curve to the right having a radius of 330.00 feet, a central angle
of 17°21'25 ", a chord length of 99.59 feet, a chord bearing of S 07 014'20" W a
distance of 99.97 feet; Thence S 50 034'36" E a distance of 19.87 feet; Thence S
01 °26'23" E a distance of 0.11 feet Thence along a curve to the right having a
radius of 230.00 feet, a central angle of 82 054'47 ", a chord length of 304.44
feet, a chord bearing of S 40 000'01" W a distance of 332.70 feet; Thence S
81026'24" W a distance of 31.56 feet; Thence along a curve to the right having a
radius of 230.00 feet, a central angle of 44 053'49 ", a chord length of 175.65
feet, a chord bearing of N 76 006'41" W a distance of 180.23 feet; Thence N
53 °39'47" W a distance of 58.19 feet; Thence along a curve to the left having a
radius of 220.00 feet, a central angle of 37 048'28 ", a chord length of 142.55
feet, a chord bearing of N 72 034'01" W a distance of 145.17 feet; Thence S
88 031'45" W a distance of 47.52 feet; Thence along a curve to the left having a
radius of 40.00 feet, a central angle of 90 000'28 ", a chord length of 56.57 feet,
a chord bearing of S 43 031'31" W a distance of 62.84 feet; Thence S 88 °31'17"
W a distance of 50.00 feet to a point of the west line of said Section 4; Thence N
0'1`28'43" W a distance of 2,486.89 feet along the west line of said Section 4 tc
the Point of Beginning, and containing 69.29 acres, more or less.
Basis of bearing and distance is the Oklahoma State Plane Coordinate System.
AA Tract B Legal Revised
Exhibit "A.5"
Morrow Piace
Tract 'C' Description
21 North and Range Fourteen (14) East of the Indian
A tract of land located in the Northwest Quarter (NWA) of Section Four (4eof,
Township Twenty -One ( ) according to the U.S. Government Survey
Base and Meridian (of Oklahoma; being more particularly described as follows:
Rogers County, R -14 -E, I.B &M.;
Commencing at the NE corner of the NW/4 of Section e t to the ,
he westerly line
Thence S 88 °56'45" W a distance Thence S 01026'Z 31, the NW corner o
Government Lot 3 of said Sec. 4; line of U.S. Highway
of said Governme °
the said Right of Way
nt Lot 3 and the westerly Right of Way
169, a distance of 50 feet; Thence N 88 56'45" E along Thence
line, a distance of 227,00 feet
to t of 130.41nfeett, Thence S 84 °50'06" E
he of a
along the Right of Way line, a distance of 230.25 feet; Thence S 01 °25'13" E
along the Right of WaYline, a distance of 514.98 feet; Thence S 88 034'47" W a
along the Right of Way a curve to the right having a radius of
distance of 37.64 feet; Thence along Is
325.00 feet, 73 °24 50" angle distance n of 204.28f eet9Thence N 55 °24'26'cWra
bearing a curve to the left having a radius of 50.00 bearing
distance of 86.25 feet; Thence along A, a chord feet 7 central Wga distance 1of931.44 feet; ThencefS 88 3335" W a distance of
of
31.09 feet; Thence N 0102612311 res moredortlesse of 419.85 feet to the Point Of
Beginning, and contain
Oklahoma State Plane Coordinate System.
Basis of bearing and distance is th
A.5 Tact C Legal
Exhibit "A.6"
Morrow Place
Tract `D' Description
A Tract of land located in the Southwest Quarter of the Southwest Quarter (SW /4 SWA)
of Section Four (4) of Township Twenty -One (21) North and Range Fourteen (14) East
of the Indian Base and Meridian (I.B &M.), according to the U.S. Government Survey
thereof, Rogers County, State of Oklahoma; being more particularly described as
follows:
Beginning at the SW corner of the SW /4 of the SWA of Section 4, T -21 -N, R -14 -E,
I.B. &M.; Thence N 01 028'15" W a distance of 749.95 feet along the west line of said
Section 4; Thence N 88 °31'45" E a distance of 93.51 feet; Thence along a curve to the
right having a radius 430.00 feet, a central angle of 46 028'15 ", a chord length of 339.28
feet, a chord bearing of S 68 °14'07" E a distance of 348.76 feet; Thence S 45 °00'00" E
a distance of 83.84 feet; Thence along a curve to the left having a radius of 600.00 feet,
a central angle of 45 000'00'% a chord length of 459.22 feet, a chord bearing of S
67 030'00" E a distance of 471.24 feet; Thence N 90 000'00" E a distance of 22.67 feet;
Thence S 30 °57'46" E a distance of 197.49 feet; Thence S 01 015'26" E a distance of
200.00 feet to a point on the south line of said Section 4; Thence S 88 °44'34" W a
distance of 1,001.77 feet along the south line of said Section 4 to the Point of
Beginning, and containing 12.45 acres more or less.
Basis of bearing and distance is the Oklahoma State Plane Coordinate System.
A.6 Tract D Legal Revised
Exhibit "A.7"
Morrow Place
Tract `E' Description
A Tract of land located in the Southwest Quarter of the Northwest Quarter (SW /4
NW/4) of Section Four (4), of Township Twenty -One (21) North and Range
Fourteen (14) East, Indian Base and Meridian (I.B &M.) according to the U.S.
Government Survey thereof, Rogers County, State of Oklahoma and more
particularly described as follows:
Commencing at the at the SW corner of the NWA of Section 4., T -21 -N, R -14 -E,
I.B. &M.; Thence N 88 °47'03" E along the south line of said NW /4 a distance of
1071.52 feet to the Point of Beginning; Thence N 50 °34'36" W for a distance of
484.00 feet; Thence along a curve to the left having a radius of 330.00 feet, a
central angle of 17 °21'25 ", a chord length of 99.59 feet, a chord bearing of N
7 °14'20" E, for a distance of 99.97 feet; Thence N 01 026'23" W and parallel with
the easterly line of the SW /4 of the NW /4, for a distance of 908.31 feet to a point
on the northerly line of said SW /4 NW/4; Thence N 88 °48'49" E for a distance of
600.00 feet to the NE corner of said SW/4 NW/4; Thence S 01 026'23" E for a
distance of 1321.75 feet to the SE corner of said SW/4 NW /4; Thence S
88 °47'08" W for a distance of 248.98 feet to the Point of Beginning, and
containing 17.00 acres, more or less.
Basis of bearing and distance is the Oklahoma State Plane Coordinate System
A.7 Tract Ls Legal
Exhibit "A.8"
Morrow Place
Tract `F' Description
A Tract of land located in the Southwest Quarter (SW/4) and in the Northwest Quarter
(NW /4) of Section Four (4) of Township Twenty -One (21) North and Range Fourteen
(14) East of the Indian Base and Meridian (I.B &M.); according to the U.S, Government
Survey thereof, Rogers County, State of Oklahoma; being more particularly described
as follows:
Commencing at the SW corner of the SW/4 of Section 4, T -21 -N, R -14 -E, I.B. &M.;
Thence N 01 028'15" W a distance of 2,305.55 feet along the west line of said SWA to
the Point of Beginning; Thence N 01 028'15" E a distance of 337.84 feet to the SW
corner of the NW /4 of said Sec. 4; Thence N 01 °28'43" W along the west line of said
NW 14 4 a distance of 155.34 feet; Thence N 88 031'17" E a distance of 50.00 feet;
Thence along a curve to the right having a radius of 40.00 feet, a central angle of
90 00028 ", a chord length of 56.57 feet, a chord bearing of N 43 °31'31" E a distance of
62.84 feet; Thence N 88 031'45" E a distance of 47.52 feet; Thence along a curve to the
right having a radius of 220.00 feet, a central angle of 37 048'28 ", a chord length of
142.55 feet, chord bearing of S 72 034'01" E a distance of 145.17 feet; Thence S
53 °39'47" E a distance of 58.19 feet; Thence along a curve to the left having a radius of
230.00 feet, a central angle of 44 053'49 ", a chord length of 175.65 feet, a chord bearing
of S 76 °06'41" E a distance of 180.23 feet; Thence N 81 °26'24" E a distance of 31.56
feet; Thence along a curve to the left having a radius of 230.00 feet, a central angle of
82 052'47 ", a chord length of 304.44 feet, a chord bearing of N 40 000'01" E a distance of
332.70 feet; Thence N 01 °26'23" W a distance of 0.11 feet; Thence S 50 034'36" E a
distance of 464.14 feet; Thence N 88 °47'03" E a distance of 248.98 feet; Thence S
01 °26'09" E a distance of 1,824.92 feet; Thence S 20 000'00" W a distance of 194.99
feet; Thence S 10 000'00" W a distance of 275,88 feet; Thence S 01 015'26" E a distance
of 365.22 feet to a point on the south line of said Section 4; Thence S 88'44'34"W a
distance of 190.00 feet along the south line of said Section 4; Thence N 01 °15'26" W a
distance of 200.00 feet; Thence N 30 °57'46" W a distance of 197.49 feet; Thence N
05 018'18" W a distance of 333.53 feet; Thence N 13 °27'38" W a distance of 430.74 feet;
Thence N 00 044'59" W a distance of 47.29 feet; Thence N 08 °50'25" E a distance of
228.00 feet; Thence N 08 °59'57" W a distance of 84.22 feet; Thence N 05031'06"W a
distance of 169.36 feet; Thence N 01 042'13" E a distance of 176.28 feet; Thence N
17 °52'38" W a distance of 170.96 feet; Thence N 69`14'35" W a distance of 848.07 feet;
Thence S 88 031'45" W a distance of 50.00 feet to the Point of Beginning, and containing
37.02 acres more or less.
Basis of bearing and distance is the Oklahoma State Plane Coordinate System
A,8 Tract F legal
Exhibit "A.9"
Morrow Place
Tract `G' Description
A Tract of land located in the Southwest Quarter (SW /4) of Section Four (4) of Township
Twenty -One (21) North and Range Fourteen (14) East of the Indian Base and Meridian
(I.B &PA.), according to the U.S. Government Survey thereof, Rogers County, State of
Oklahoma; being more particularly described as follows:
Commencing at the SW corner of the SW/4 of Section 4, T -21 -N, R -14 -E, I.B. &M.;
Thence N 88 044'34' E a distance of 1,191.77 feet along the south line of said Section 4
to the Point of Beginning; Thence N 01 615'26" W a distance of 365.22 feet; Thence N
10 000'00" E a distance of 275.88 feet; Thence N 20 000'00" E a distance of 194.99 feet;
Thence N 01 °26'09" W a distance of 1,824.92 feet; Thence N 88 047'03" E a distance of
1,149.11 feet; Thence S 01 018'02" E a distance of 1,173.23 feet; Thence S 02 °04'52" W
a distance of 602.57 feet; Thence S 12 012'21" W a distance of 341.99 feet; Thence
along a curve to the left having a radius of 1,220.86 feet, a central angle of 13 °27'46 ", a
chord length of 286.21 feet, a chord bearing of S 05 028'27" W a distance of 286.87 feet;
Thence S 01 °15'26" E a distance of 100.00 feet; Thence S 88 044'34" W a distance of
224.99 feet; Thence S 85 052'50" W a distance of 500.59 feet; Thence S 74042'24"W a
distance of 103.07 feet; Thence S 88 044'34" W a distance of 168.85 feet; Thence S
01 °26'09" E a distance of 100.00 feet to a point on south line of said Section 4; Thence
S 88 "44;84" W a distance of 127.10 feet along the south line of said Section 4 to the
Point of Beginning, and containing 65.75 acres, more or less.
Basis of bearing and distance is the Oklahoma State Plane Coordinate System
4.97ract G Legal
Zia
NtlNtl °
117.
lil
� � �''� 7� m .Pd4�/� fMFFi ucic` rm.''�', o;�, o � a c .-•e 1j`
1 Y�_�. •w�.- .a41�1
�� � 69.29fD•
Hxh�6itprepar�dbYPl ningDesi�nGroup
pdM /GY Rf5/l'IM74
,V-A(l •o4i -
DA41a:Peeee� B 8098
T�6Lh�p� �oQoot�
pBV 016:9, yap
660
qN, i
JI
6"w0T0TIIIInW
9 26th *�oal North . 0L.
LT
C�
K,
T U 5
I
21
I f . Ff"
IT
r-
I Y) f i —1 •
EiiWtr el *rIh ".7M f VIP
V" R
70M—i a
/Z\
J-)
9 --------
/720 M
11717
x
1,20 0
r
IF
.)
C1 ....... "J!'i o
Morrow Place Site Utilities
Lm L 1 Owasso, Oklahoma 25037 LL
-n LMorrow Place
Owasso, Oklahoma
Existing Zoning & Land
Uses
2,5037 LL
Gp
dun
�i 0 z m
>
WNX
11�5
a?o
oz
NO :C
0 zz
arc
�
n
to
Existing Zoning & Land
Uses
2,5037 LL
3 �I
It iii�
AF.S �
w.
tlf y�J t
n
e
y z
r,
Wl:._?
r
�4}5Z�ri
1; 61A
1
d
p �
-..
y z
r,
Wl:._?
r
Q
1
d
p �
1
�;
�
a
z
o
W
Z
oa
m
Pmn
> m
Q
nz
0Dx
09
a
4
z
r
$
r
n
x
�I Morrow Place I Oblique Aerial Photograph ��
L_ Owasso, Oklahoma
I
tl
F—m-1 &-w , —ma- Pro.n
5E &,m-C , mnFHS a , 5 --. Y
-n
C4
Yll
0
U)
3z
Lu
Lm
Pace
EXHIBIT I
5,
EXISTING SOILS MAP
OWASSO LAND TRUST
TANNER CONSULTING, LLC.
TJLSk OKLAHOMA
Locatron Map
-n
C4
Yll
0
U)
3z
Lu
Lm
ORIGINAL OPUD 05 -02
Planned Unit Development
October 2005
ORIGINAL OPUD 0"2
Site
t Wf7 r y
MASTER PLANNED COMMUNITY OF COMMERCIAL USES.
RESIDENTIAL SINGLE- FAMILY HOMES, AND RECREATIONAL AREAS
4 •� • 1 "T
Ju Me ' -
LI'?f�V ' t� $• �! &mwlrRe7.1
T�, � oar ,r/rwar t x Fd•vr�•� :.
,i .(tiN}lNtY 1+ � ri
Idacxo2' ,�- �� IIL I_� ^. �•i— i�f —r� — '.4y -r� J���
fRQI=6f7E •done dx *: M:wftrva � •'�/ f
Ir
`•R,/� s% f•✓n,r, •/rc•S+- N / 7s'x /a /y.-..
NkN
..: s I b � iM J➢ ,�..��
"fir rY
Planned Unit Development
October 2005
S.
Q�sso
O � Y
t9Np SQ„
�..
r
t\
Dry N 12P0 PUP
Development Standards
Development area A (Residential single - family)
Land Area:
67.08 acres
Permitted Uses: Uses permitted as a matter of right in Use Unit 6 of the City of
Owasso Zoning Code, along with customary and accessory uses, including but
not limited to landscaped entrances, neighborhood swimming pool and recreation
area, and other uses which may be incidental thereto.
Maximum Number of Dwelling Units:
Minimum Lot Width:
Minimum Lot Area:
Maximum Building Height:
Off - Street Parking:
Minimum Yard Requirements:*
Front property line abutting a street
Side property line abutting a street
Side property line not abutting a street
From rear property line
271
75 feet*
9,000 sf*
35 feet
Two (2) enclosed off- street
parking spaces per
dwelling unit.
20 feet
5 feet
5 feet
20 feet
Signs:
A maximum of two entry identification signs shall be permitted at each
entry with a maximum of 64 square feet of display signage surface area at each
entrance of the development residential public streets.
*As noted in the Development Concept above, in the southern areas of
Development Area A no more than eight acres of single - family use may be
approved with minimum lot widths of 20 feet and lot area of 1,600 square feet.
Dwellings may be attached and constructed per Townhome standards set forth in
the City of Owasso, Oklahoma Zoning Code. Such overall plan shall be
approved by the Planning Commission and City Council in the platting process.
I')m(20iPWD
Development Standards
Development area B (Residential single- family)
Land Area: 41.82 acres
Permitted Uses: Uses permitted as a matter of right in Use Unit 6 of the City of
Owasso Zoning Code, along with customary and accessory uses, including but
not limited to landscaped entrances, neighborhood swimming pool and recreation
area, and other uses which may be incidental thereto.
Maximum Number of Dwelling Units:
Minimum Lot Width:
Minimum Lot Area:
Maximum Building Height:
Off- Street Parking:
Minimum Yard Requirements:
Front property line abutting a street
Side property line abutting a street
Side property line not abutting a street
From rear property line
252
60 feet
7,200 sf
35 feet
Two (2) enclosed off - street
parking spaces per
dwelling unit.
20 feet
5 feet
5 feet
20 feet
Signs:
A maximum of two entry identification signs shall be permitted at each
entry with a maximum of 64 square feet of display signage surface area at each
entrance of the development residential public streets.
Ir N�`,�� r z 05 RR'D
Development Standards
Development area C (Residential single - family)
Land Area: 31.84 acres
Permitted Uses: Uses permitted as a matter of right in Use Unit 6 of the City of
Owasso Zoning Code, along with customary and accessory uses, including but
not limited to landscaped entrances, neighborhood swimming pool and recreation
area, and other uses which may be incidental thereto.
Maximum Number of Dwelling Units:
Minimum Lot Width:
Minimum Lot Area:
Maximum Building Height:
Off - Street Parking:
Minimum Yard Requirements:
Front property line abutting a street
Side property line abutting a street
Side property line not abutting a street
From rear property line
133
50 feet
5,500 sf
35 feet
Two (2) enclosed off - street
parking spaces per
dwelling unit.
20 feet
5 feet
5 feet
20 feet
Signs:
A maximum of two entry identification signs shall be permitted at each
entry with a maximum of 64 square feet of display signage surface area at each
entrance of the development residential public streets.
Vj/ P/
Development Standards
Development area D (Commercial)
Land Area: 84.00 acres
Permitted Uses: Those uses as permitted by right and by exception in the CS
and CG districts of the City of Owasso Zoning Code. No sexually oriented
businesses shall be permitted.
Maximum Floor Area:
Minimum Lot Width:
Minimum Lot Area and Setbacks:
As permitted by applicable zoning code
As permitted by applicable zoning code
As permitted by applicable zoning code
Screening: Uses within Development Area " D" shall
be screened from other development
areas within the PUD by the erection
and maintenance of a six foot tall solid
screening fence.
Off- Street Parking:
Signs:
Architectural Review:
As required by applicable zoning code
As permitted by applicable zoning code
The Developers shall establish an architectural review committee to review all
building elevations and site plans prior to construction. Such review is to insure a
homogeneous architectural style is maintained with the development throughout
the PUD.
7
Development Standards
Development area E (School)
Land Area: 17.00 acres
Permitted Uses: Public school use along with customary and accessory uses
as permitted by the City of Owasso Zoning Code.
Maximum Floor Area Ratio:
Minimum Lot Width:
Minimum Lot Area and Setbacks:
Off- Street Parking:
50%
As permitted by applicable zoning code
As permitted by applicable zoning code
As required by applicable zoning code
Signs: As permitted by applicable zoning code
8
�rigi/►al 2 (�iQa l>��
Access and Circulation
Access to the subject tract is excellent. East 116th Street North is designated as
a 120' Primary Arterial with East 126th Street North and North 129th East Avenue
designated as a 100' Secondary Arterial by the Major Street and Highway Plan.
The tract is also abutted to the east by a limited access U.S. Highway. Access
points to the development will be reviewed and approved by the City during the
platting process and controlled through limits of access shown on the plats.
Internal circulation will be accommodated through the construction of a collector
street and minor residential streets. Separation of commercial traffic through
residential areas will be planned for.
Environmental Analysis and Topography
The property ranges in existing conditions from gently rolling pasture land to
heavily wooded drainage areas. Elevations generally range from 700' to 660'
above mean sea level.
The Soil Survey of Tulsa County, Oklahoma was used to help identify soils types
and constraints to development that be might present. Existing soils on the
subject tract consist of Bates Loam, (1 to 3 percent slopes); Bates - Coweta
Complex, (3 to 5 percent slopes); Coweta -Bates Complex, (2 to 6 percent
slopes); Dennis Silt Loam, (1 to 3 & 3 to 5 percent slopes); Dennis -Cary town
Complex, (1 to 3 percent slopes); Dennis- Radiey Complex, (0 to 12 percent
slopes); & Okema Silt Loam, (1 to 3 percent slopes).
Drainage and Utilities
Location of floodplain areas (if any) will be identified and taken into consideration
during the final design process. On -site detention facilities will be designed and
incorporated into the subdivision. These detention facilities will. also be used for
landscaped open space for the recreation and enjoyment of the residents,
Existing Zoning and Land Use
The subject tract is currently zoned AG and vacant. A companion rezoning
application will be filed along with the PUD for RS -3, Residential Single - Family
and CS, Commercial Shopping District. Through the PUD, uses may be spread
across underlying zoning districts to create a more unified overall development.
Pfi l na( 203' AV
Plat Review
No building permit shall be issued until a subdivision plat(s), which will serve as
the site plan, is /are approved and flied of record with the Tulsa County Clerk.
Schedule of Development
Initial construction is anticipated to commence in the Spring of 2006, once the
PUD and subdivision plat have been completed and approved.
iv
L
O
Z
N.T.S.
POB B
NW CORNER-
SECTION 4
T -21 -N R -14-E
POB A
W/4 CORNER
SECTION 4
T -21 =N R -14 -E
I ,
'Exhibit "A.1"
Morrow Place
Development Tract Exhibit
POB C
50.00' 357.42'
S 1'26'23" E (N 88'56'45" E 230.26' E. 126TH ST. N.
N 88'56'45" E \ (POB D -1
LOT' 4
B m \\
3 �
io
41.818 Acres g
aft a
85.73'
S 845006 E
D-1
,2• M 46000AC
N
LO 1' 3
W
�yy- C
J,
S 12'12'21" W
37.65'
N
645.40'
°
310.63'
168.86'
R= 22092'
660.73'
S 88'44'34" W
S 88'48'49" W
SW CORNER �`
100.00'
SW CORNER
100.00'
W/2 SECTION 4
GOV. LOT 3
. 0)
S 1'15'26" E
T -21 -N R-14 -E
m
E
W
E. 116TH ST. N.
17.000 Acres
°J N
Q
Nj'0
�i
�N
_.
I
Consulting, LLC
0_
N
5323 SOUTH LENTS AVENUE - TULSA. OKLAHOMA 74105 - (918)745 -9929
=
N 88'47'03° E
.�
1149.16'
Ui
346.50'
i �j
01:192
M A N
3
67.081 Acres - D-2
'an
ty 80.000 Acres
. m
•- N
Z
�''B'
DI
275.89'
S 12'12'21" W
3a�.4j�24'
°
310.63'
168.86'
R= 22092'
POB TOTAL & D -2 N
S 88'44'34" W
A= 13'27'46"
SW CORNER �`
100.00'
100.00'
W/2 SECTION 4
S 1'26'09" E
F�00.62
S 1'15'26" E
T -21 -N R-14 -E
S85'52'50 "W—
225.00'
E. 116TH ST. N.
1316.94'
s 6 318.94" W
103A8'
S 8844'34" W
5 744224" W
POB = POINT OF BEGINNING
SW CORNER
E/2 SW /4
Tanner
Consulting, LLC
1D/27/2005 25037EX-J3NDY
5323 SOUTH LENTS AVENUE - TULSA. OKLAHOMA 74105 - (918)745 -9929
11 mg
Exhibit "A.2"
Part of the W12
Section 4, T -21 -N R -14 -E
Morrow Place
Total Tract Description
(LEGAL DESCRIPTION SHOWN ON SURVEY BY BENCHMARK
SURVEYING & LAND SERVICES, INC.)
A TRACT OF LAND THAT IS PART OF THE WEST HALF (W /2) OF SECTION FOUR
(4), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE
INDIAN MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 4; THENCE NORTH
1 028'15" WEST A DISTANCE OF 2643.53 FEET TO THE WEST QUARTER CORNER
OF SAID SECTION 4; THENCE NORTH 1 °28'43" WEST A DISTANCE OF 2642.36 TO
THE NORTHWEST CORNER OF SAID SECTION 4; THENCE NORTH 88 °5645°
EAST A DISTANCE OF 1322.37 FEET TO THE NORTHEAST CORNER OF
GOVERNMENT LOT 4 OF SAID SECTION 4, SAID POINT BEING ON THE
WESTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169; THENCE SOUTH 1 026'23"
EAST ALONG SAID RIGHT -OF -WAY (UNTIL OTHERWISE NOTED) A DISTANCE OF
50.00 FEET; THENCE NORTH 88 °56'45" EAST A DISTANCE OF 357.42 FEET;
THENCE SOUTH 84 050'06" EAST A DISTANCE OF 230.26 FEET; THENCE SOUTH
1 025'13" EAST A DISTANCE OF 694.73 FEET; THENCE SOUTH 14 °17'39" EAST A
DISTANCE OF 336.62 FEET; THENCE SOUTH 1 °25'13" EAST, NO LONGER ALONG
SAID WESTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169, A DISTANCE OF 217.93
FEET TO THE SOUTHEAST CORNER OF THE WEST HALF (W /2) OF GOVERNMENT
LOT 3 OF SAID SECTION 4; THENCE SOUTH 88 °48'49" WEST A DISTANCE OF
660.73 FEET TO THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 3;
THENCE SOUTH 1 °26'23" EAST A DISTANCE OF 1321.82 FEET TO THE
NORTHWEST CORNER OF THE EAST HALF OF SOUTHWEST QUARTER (E /2
SWA) OF SAID SECTION 4; THENCE NORTH 88 °47'03" EAST ALONG THE NORTH
LINE OF SAID E/2 OF SW /4, A DISTANCE OF 1149.16 FEET TO A POINT ON SAID
WESTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169; THENCE SOUTH 1 °18'02"
EAST ALONG SAID RIGHT -OF -WAY (UNTIL OTHERWISE NOTED) A DISTANCE OF
1173.29 FEET; THENCE SOUTH 2 004'52" WEST A DISTANCE OF 602.60 FEET;
THENCE SOUTH 12 °12'21" WEST A DSITANCE OF 342.01 FEET; THENCE ALONG
A CURVE TO THE LEFT, HAVING A RADIUS OF 1220.92, A CHORD BEARING OF
SOUTH 5 °28'27" WEST, A CHORD DISTANCE OF 266.22 FEET, FOR A DISTANCE
OF 286.88 FEET; THENCE SOUTH 1 °15'26" EAST A DISTANCE OF 100.00 FEET;
THENCE SOUTH 88 044'34" WEST A DISTANCE OF 225.00 FEET THENCE SOUTH
85 052'50" WEST A DISTANCE OF 500.62 FEET; THENCE SOUTH 74 °42'24" WEST A
DISTANCE OF 103.08 FEET; THENCE SOUTH 88 °44'34" WEST A DISTANCE OF
168.86 FEET TO A POINT ON THE WEST LINE OF SAID E/2 OF SW /4; THENCE
SOUTH 1 026'09" EAST A DISTANCE OF 100.00 FEET TO THE SOUTHWEST
CORNER OF SAID E/2 SW /4; THENCE SOUTH 88 °44'34" WEST (NO LONGER
ALONG SAID WESTERLY RIGHT -OF -WAY OF U.S. HIGHWAY 169) A DISTANCE OF
1318.94 FEET TO THE POINT OF BEGINNING;
SAID TRACT CONTAINING, OR 241.74 ACRES, MORE OR LESS,
25037PUD TRACT DESCRIPTOINS.doc 10/2712005
IjI'/ ? W./) g/ z PAP
�J
Exhibit i 1A.3"
Part of the W/2 W12
Section 4, T -21 -N R -14 -E
Morrow Place
Tract A Description
A TRACT OF LAND THAT IS PART OF THE WEST HALF OF THE WEST HALF (02
W /2) OF SECTION FOUR (4), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE
FOURTEEN (14) EAST, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF
SAID SECTION 4; THENCE NORTH 1 °2843" WEST ALONG THE WESTERLY LINE
THEREOF, FOR A DISTANCE OF 196.26 FEET TO A POINT; THENCE NORTH
88 031'17" EAST FOR A DISTANCE OF 72.04 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 230.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A
CENTRAL ANGLE OF 21 °21'22 ", FOR AN ARC DISTANCE OF 85.73 FEET TO A
POINT OF TANGENCY; THENCE SOUTH 70 °07'21" EAST FOR A DISTANCE OF
208.30 FEET TO A POINT OF CURVATURE; THENCE ALONG A 330.00 FOOT
RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 80 °55'12 ", FOR AN
ARC DISTANCE OF 466.07 FEET TO A POINT; THENCE SOUTH 42 °3543" EAST
FOR A DISTANCE OF 330.84 FEET TO A POINT ON THE NORTHERLY LINE OF THE
WEST HALF OF THE SOUTHWEST QUARTER (W /2 SW /4) OF SECTION 4; THENCE
NORTH 88 047'03" EAST ALONG SAID NORTHERLY LINE, FOR A DISTANCE OF
348.50 FEET TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF SAID
W/2 SW 14 ; THENCE SOUTH 1 °26'09" EAST ALONG THE EASTERLY LINE OF THE
W/2 SW /4, FOR A DISTANCE OF 1,825.00 FEET TO A POINT; THENCE SOUTH
20 000'00" WEST FOR A DISTANCE OF 195.00 FEET TO A POINT; THENCE SOUTH
10 000'00" WEST FOR A DISTANCE OF 275.89 FEET TO A POINT; THENCE SOUTH
90 °00'00" WEST FOR A DISTANCE OF 310.63 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 600.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A
CENTRAL ANGLE OF 45 °00'00 ", FOR AN ARC DISTANCE OF 471.24 FEET TO A
POINT OF TANGENCY; THENCE NORTH 45 °00'00" WEST FOR A DISTANCE OF
83.87 FEET TO A POINT OF CURVATURE; THENCE ALONG A430.00 FOOT RADIUS
CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 46 °28'15 ", FOR AN ARC
DISTANCE OF 348.76 FEET TO A POINT OF TANGENCY; THENCE SOUTH
88 031'45" WEST AND PERPENDICULAR TO THE WESTERLY LINE OF THE W/2
SW /4, FOR A DISTANCE OF 93.53 FEET TO A POINT ON SAID WESTERLY LINE;
THENCE NORTH 1 028'15" WEST ALONG THE WESTERLY LINE, FOR A DISTANCE
OF 1,893.53 FEET TO THE POINT OF BEGINNING;
SAID TRACT CONTAINING 2,922,067 SQUARE FEET OR 67.081 ACRES,
25037PUD TRACT DESCRIPTOINS.doc 10/27/2005
UP5 PM
Exhibit "AM$
Part of the W12 NW 14
Section 4, T -21 -N R -14 -E
Morrow Place
Tract B Description
A TRACT OF LAND THAT IS PART OF THE WEST HALF OF THE NORTHWEST
QUARTER (W12 NW /4) OF SECTION FOUR (4), TOWNSHIP TWENTY -ONE (21)
NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN MERIDIAN, TULSA
COUNTY, STATE OF OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID W/2 NW /4; THENCE NORTH
88 °56'45" EAST ALONG THE NORTHERLY LINE OF THE W12 NW/4, FOR A
DISTANCE OF 689.38 FEET TO A POINT; THENCE SOUTH 1 003'15" EAST AND
PERPENDICULAR TO SAID NORTHERLY LINE, FOR A DISTANCE OF 547.64 FEET
TO A POINT OF CURVATURE; THENCE ALONG A 500.00 FOOT RADIUS CURVE TO
THE LEFT, HAVING A CENTRAL ANGLE OF 44 °02'57 ", FOR AN ARC DISTANCE OF
384.40 FEET TO A POINT OF TANGENCY; THENCE SOUTH 45 °06'12" EAST FOR A
DISTANCE OF 62.38 FEET TO A POINT; THENCE SOUTHWESTERLY AND
SOUTHERLY ALONG A 630.00 FOOT RADIUS CURVE TO THE LEFT, HAVING AN
INITIAL TANGENT BEARING OF SOUTH 44 05348" WEST, A CENTRAL ANGLE OF
56 °11'17 ", FOR AN ARC DISTANCE OF 617.82 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 11 017'29" EAST FOR A DISTANCE OF 674.06 FEET TO A POINT
OF CURVATURE; THENCE ALONG A 330,00 FOOT RADIUS CURVE TO THE RIGHT,
HAVING A CENTRAL ANGLE OF 121010'08 ", FOR AN ARC DISTANCE OF 697.88
FEET TO A POINT OF TANGENCY; THENCE NORTH 70 °07'21" WEST FOR A
DISTANCE OF 208.30 FEET TO A POINT OF CURVATURE; THENCE ALONG A
230.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF
21 °21'22 ", FOR AN ARC DISTANCE OF 85.73 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 88 °31'17" WEST AND PERPENDICULAR TO THE WESTERLY LINE
OF SAID W/2 NW /4, FOR A DISTANCE OF 72.04 FEET TO A POINT ON SAID
WESTERLY LINE; THENCE NORTH 1 °2843" WEST ALONG THE WESTERLY LINE,
FOR A DISTANCE OF 2,446.10 FEET TO THE POINT OF BEGINNING;
SAID TRACT CONTAINING 1,821,584 SQUARE FEET OR 41.818 ACRES.
25037PUD TRACT DESCRIPTOINS.doc 10/27/2005
iN / 2f ,5 ?AD
Exhibit "A.5"
Part of the Government Lots 3 & 4
Section 4, T -21 -N R -14 -E
Morrow Place
Tract C Description
A TRACT OF LAND THAT IS PART OF GOVERNMENT LOTS THREE (3) AND FOUR
(4), SECTION FOUR (4), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE
FOURTEEN (14) EAST, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 4;
THENCE SOUTH 1 °2623" EAST ALONG THE EASTERLY LINE OF GOVERNMENT
LOT 4 AND THE WESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 169, FOR A
DISTANCE OF 50.00 FEET TO A POINT; THENCE NORTH 66 05645" EAST AND
CONTINUING ALONG SAID RIGHT -OF -WAY LINE, FOR A DISTANCE OF 227.00
FEET TO A POINT; THENCE SOUTH 1 026'23" EAST AND PARALLEL WITH SAID
EASTERLY LINE OF GOVERNMENT LOT 4, FOR A DISTANCE OF 395.55 FEET TO A
POINT OF CURVATURE; THENCE ALONG A 300.00 FOOT RADIUS CURVE TO THE
RIGHT, HAVING A CENTRAL ANGLE OF 4 °38'47 ", FOR AN ARC DISTANCE OF 24.34
FEET TO A POINT; THENCE NORTH 88 °33'35" EAST FOR A DISTANCE OF 32.07
FEET TO A POINT OF CURVATURE; THENCE ALONG A 50.00 FOOT RADIUS
CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 36 °01'59 ", FOR AN ARC
DISTANCE OF 31.44 FEET TO A POINT OF TANGENCY; THENCE SOUTH 55 °24'26"
EAST FOR A DISTANCE OF 86.26 FEET TO A POINT OF CURVATURE; THENCE
ALONG A 325.00 FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE
OF 36 °00'47 ", FOR AN ARC DISTANCE OF 204.28 FEET TO A POINT OF
TANGENCY; THENCE NORTH 88 034'47" EAST FOR A DISTANCE OF 37.65 FEET TO
A POINT ON SAID WESTERLY RIGHT -OF -WAY LINE; THENCE SOUTH 1 °25'13"
EAST ALONG THE WESTERLY RIGHT -OF -WAY LINE, FOR A DISTANCE OF 179.73
FEET TO A POINT; THENCE SOUTH 14 °17'39" EAST AND CONTINUING ALONG
THE WESTERLY RIGHT -OF -WAY LINE, FOR A DISTANCE OF 336.62 FEET TO A
POINT; THENCE SOUTH 1 025'13" EAST FOR A DISTANCE OF 217.93 FEET TO A
POINT ON THE SOUTHERLY LINE OF SAID GOVERNMENT LOT 3; THENCE SOUTH
88 648'49" WEST ALONG SAID SOUTHERLY LINE AND THE SOUTHERLY LINE OF
GOVERNMENT LOT 4, FOR A DISTANCE OF 1,306.13 FEET TO A POINT; THENCE
NORTHEASTERLY ALONG A 630.00 FOOT CURVE TO THE RIGHT, HAVING AN
INITIAL TANGENT BEARING OF NORTH 5 045'04" EAST, A CENTRAL ANGLE OF
39 008'44 ", FOR AN ARC DISTANCE OF 430.43 FEET TO A POINT; THENCE NORTH
45 °06'12" WEST FOR A DISTANCE OF 62.38 FEET TO A POINT OF CURVATURE;
THENCE ALONG A 500.00 FOOT RADIUS CURVE TO THE RIGHT, HAVING A
CENTRAL ANGLE OF 44 °02'57 ", FOR AN ARC DISTANCE OF 384.40 FEET; THENCE
NORTH 1 003'15" WEST AND PERPENDICULAR TO THE NORTHERLY LINE OF
GOVERNMENT LOT 4, FOR A DISTANCE OF 547.64 FEET TO A POINT ON SAID
NORTHERLY LINE; THENCE NORTH 88 °5645" EAST ALONG THE NORTHERLY
LINE, FOR A DISTANCE OF 633.00 FEET TO THE POINT OF BEGINNING;
SAID TRACT CONTAINING 1,386,913 SQUARE FEET OR 31.839 ACRES.
25037PUD TRACT DESCRIPTOINS.doc 10/2712005
i�w 2Dg /) /v)
Exhibit 11A.61'
Part of the W/2
Section 4, T -21 -N R -14 -E
Morrow Place
Tract D Description
A TRACT OF LAND THAT IN TWO (2) PARTS, BEING A PART OF THE WEST HALF
(W /2) OF SECTION FOUR (4), TOWNSHIP TWENTY -ONE (21) NORTH, RANGE
FOURTEEN (14) EAST, OF THE INDIAN MERIDIAN, TULSA COUNTY, STATE OF
OKLAHOMA, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
PART D -1:
COMMENCING AT THE NORTHWEST CORNER OF GOVERNMENT LOT THREE (3),
OF SAID SECTION 4; THENCE SOUTH 1 026'23" EAST ALONG THE WESTERLY
LINE OF SAID GOVERNMENT LOT 3 AND THE WESTERLY RIGHT -OF -WAY LINE OF
U.S. HIGHWAY 169, FOR A DISTANCE OF 50.00 FEET TO A POINT; THENCE
NORTH 88 056'45" EAST AND CONTINUING ALONG SAID RIGHT -OF -WAY LINE, FOR
A DISTANCE OF 227.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 88 056'45" EAST AND ALONG THE RIGHT -OF -WAY
LINE, FOR A DISTANCE OF 130.42 FEET TO A POINT; THENCE SOUTH 84 050'06"
( EAST AND CONTINUING ALONG THE RIGHT -OF -WAY LINE, FOR A DISTANCE OF
230.26 FEET TO A POINT; THENCE SOUTH 1 025'13" EAST AND CONTINUING
ALONG THE RIGHT -OF -WAY LINE, FOR A DISTANCE OF 515.00 FEET TO A POINT;
THENCE SOUTH 88 03447" WEST FOR A DISTANCE OF 37.65 FEET TO A POINT OF
CURVATURE; THENCE ALONG A 325.00 FOOT RADIUS CURVE TO THE RIGHT,
HAVING A CENTRAL ANGLE OF 36 °00'47 ", FOR AN ARC DISTANCE OF 204.28
FEET TO A POINT OF TANGENCY; THENCE NORTH 55 024'26" WEST FOR A
DISTANCE OF 86.26 FEET TO A POINT OF CURVATURE; THENCE ALONG A 50.00
FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 36. 01'5911
,
FOR AN ARC DISTANCE OF 31.44 FEET TO A POINT OF TANGENCY; THENCE
SOUTH 88 033'35" WEST FOR A DISTANCE OF 32.07 FEET TO A POINT; THENCE
NORTHERLY ALONG A 300.00 FOOT RADIUS CURVE TO THE LEFT, HAVING AN
INITIAL TANGENT BEARING OF NORTH 3 °12'34" EAST, A CENTRAL ANGLE OF
4 °38'57 ", FOR AN ARC DISTANCE OF 24.34 FEET TO A POINT OF TANGENCY;
THENCE NORTH 1 026'25" WEST FOR A DISTANCE OF 395.55 FEET TO THE POINT
OF BEGINNING;
SAID TRACT CONTAINING 174,235 SQUARE FEET, OR 4.000 ACRES;
AND
PART D -2:
BEGINNING AT THE SOUTHWEST CORNER OF SAID W12 OF SECTION 4; THENCE
NORTH 1 028'15" WEST ALONG THE WESTERLY LINE OF SECTION 4, FOR A
DISTANCE OF 750.00 FEET TO A POINT; THENCE NORTH 88 °31'45" EAST AND
PERPENDICULAR TO SAID WESTERLY LINE, FOR A DISTANCE OF 93.53 FEET TO
25037PUD TRACT DESCRIPTOINS.doc 10/2712005
2M Pa
U
Table of Contents
Development Concept
Development Standards
Access and Circulation
Drainage and Utilities
Environmental Analysis and Topography
Existing Zoning and Land Use
Schedule of Development
Exhibits
• Exhibit "A"
Legal description of Planned Unit Development
• Exhibit "B"
PUD Concept Illustration
• Exhibit "C"
PUD Development Areas
• Exhibit "D"
Existing Topography
• Exhibit "E"
Site Utilities
• Exhibit "F"
Existing Zoning & Land Uses
• Exhibit "G"
Aerial Photograph
• Exhibit "H"
Oblique Aerial Photograph
• Exhibit "I"
Existing Soils Map
1
of il��,( 2Dd� PAD
Exhibit "A.711
Part of the SW 14 NW 14
Section 4, T -21 -N R -14 -E
Morrow Place
Tract E Description
A TRACT OF LAND THAT IS A PART OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER (SW 14 NW14) OF SECTION FOUR (4), TOWNSHIP
TWENTY -ONE (21) NORTH, RANGE FOURTEEN (14) EAST, OF THE INDIAN
MERIDIAN, TULSA COUNTY, STATE OF OKLAHOMA, SAID TRACT BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SW /4 NW /4; THENCE SOUTH
88 047'03" WEST ALONG THE SOUTHERLY LINE OF THE SW/4 NW /4, FOR A
DISTANCE OF 348.50 FEET TO A POINT; THENCE NORTH 42 °35'43" WEST FOR A
DISTANCE OF 330.84 FEET TO A POINT; THENCE NORTHEASTERLY AND
NORTHERLY ALONG A 330.00 FOOT RADIUS CURVE TO THE LEFT, HAVING AN
INITIAL TANGENT BEARING OF NORTH 28 057'28" EAST, A CENTRAL ANGLE OF
40 °14'57 ", FOR AN ARC DISTANCE OF 231.82 FEET TO A POINT OF TANGENCY;
THENCE NORTH 11 °17'29" WEST FOR A DISTANCE OF 674.06 FEET TO A POINT
OF CURVATURE; THENCE ALONG A 630.00 FOOT RADIUS CURVE TO THE RIGHT,
HAVING A CENTRAL ANGLE OF 17 °02'33 ", FOR AN ARC DISTANCE OF 187.39
FEET TO A POINT ON THE NORTHERLY LINE OF THE SW 14 NW 14; THENCE
NORTH 88 04849" EAST ALONG SAID NORTHERLY LINE, FOR A DISTANCE OF
645.40 FEET TO A POINT, SAID POINT BEING THE NORTHEAST CORNER OF THE
SW /4 NW /4; THENCE SOUTH 1 °26'23" EAST ALONG THE EASTERLY LINE OF THE
SW /4 NW /4, FOR A DISTANCE OF 1,321.82 FEET TO THE POINT OF BEGINNING;
SAID TRACT CONTAINING 740,538 SQUARE FEET, OR 17.000 ACRES
25037PUD TRACT DESCRIPTOINS.doc 10127/2005
�r'in�t! 205 i'l�
A POINT OF CURVATURE; THENCE ALONG A 430,00 FOOT RADIUS CURVE TO
THE RIGHT, HAVING A CENTRAL ANGLE OF 46 °28'15 ", FOR AN ARC DISTANCE OF
348.76 FEET TO A POINT OF TANGENCY; THENCE SOUTH 45 "00'00" EAST FOR A
DISTANCE OF 83.87 FEET TO A POINT OF CURVATURE; THENCE ALONG A 600.00
FOOT RADIUS CURVE TO THE LEFT, HAVING A CENTRAL ANGLE OF 45 °00'00 ",
FOR AN ARC DISTANCE OF 471.24 FEET TO A POINT OF TANGENCY; THENCE
NORTH 90 000'00" EAST FOR A DISTANCE OF 310.63 FEET TO A POINT; THENCE
NORTH 10 000'00" EAST FOR A DISTANCE OF 275.89 FEET TO A POINT; THENCE
NORTH 20 000'00" EAST FOR A DISTANCE OF 195.00 FEET TO A POINT ON THE
WESTERLY LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER (E /2 SW /4)
OF SECTION 4; THENCE NORTH 1 °26'09" WEST ALONG SAID WESTERLY LINE,
FOR A DISTANCE OF 1,825.00 FEET TO A POINT, SAID POINT BEING THE
NORTHWEST CORNER OF SAID E/2 SW 14; THENCE NORTH 88 °47'03" EAST
ALONG THE NORTHERLY LINE OF THE E12 SW /4, FOR A DISTANCE OF 1,149.16
FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY
169; THENCE ALONG SAID RIGHT -OF -WAY LINE FOR THE FOLLOWING TEN (10)
COURSES: SOUTH 1 °18'02" EAST FOR A DISTANCE OF 1,173.29 FEET TO A
POINT; THENCE SOUTH 2 °04'52" WEST FOR A DISTANCE OF 602.60 FEET TO A
POINT; THENCE SOUTH 12 °12'21" WEST FOR A DISTANCE OF 342.01 FEET TO A
POINT OF CURVATURE; THENCE ALONG A 1,220.92 FOOT RADIUS CURVE TO
THE LEFT, HAVING A CENTRAL ANGLE OF 13 °27'46 ", FOR AN ARC DISTANCE OF
286.88 FEET TO A POINT OF TANGENCY; THENCE SOUTH 1 °15'26" EAST FOR A
DISTANCE OF 100.00 FEET TO A POINT; THENCE SOUTH 88 °44'34" WEST FOR A
DISTANCE OF 225.00 FEET TO A POINT; THENCE SOUTH 85 052'50" WEST FOR A
DISTANCE OF 500.62 FEET TO A POINT; THENCE SOUTH 74 °42'24" WEST FOR A
DISTANCE OF 103.08 FEET TO A POINT; THENCE SOUTH 88 °44'34" WEST FOR A
DISTANCE OF 168.86 FEET TO A POINT ON THE WESTERLY LINE OF THE E12
SW 14; THENCE SOUTH 1 °26'09" EAST ALONG SAID WESTERLY LINE, FOR A
DISTANCE OF 100.00 FEET TO A POINT, SAID POINT BEING THE SOUTHWEST
CORNER OF THE E12 SW /3; THENCE SOUTH 88 °44'34" WEST ALONG THE
SOUTHERLY LINE OF THE W/2 OF SECTION 4, FOR A DISTANCE OF 1,318.94
FEET TO THE POINT OF BEGINNING;
SAID TRACT CONTAINING 3,484,786 SQUARE FEET, OR 80,000 ACRES;
THE COMBINED TRACTS CONTAINING 3,659,021 SQUARE FEET, OR 84.000
ACRES.
25037PUD TRACT DESCRIPTOINS.doc 10127/2005
tl
17
r ia;r nml�
IJV_zat� OK�
%
R 1. E
EXHIBIT B
PUD CONCEPT ILLUSTRATION
OWASSOLANDTRUST
TANNER CONSULTING. L.L.C.
TULSA. OKLAHOMA
Map
,I
�
a E
,o c;
1- � a
0
03:
2 0
m
,-A
NORTH 12
R 14 E PUONO
i2l EXHIBIT C tag
0
PUD DEVELOPMENT AREAS cl
OWASSOLANDTRUST
TANNER CONSULTING,
TULSA. GKLAHOMA
CL
0
�7
0
41D
E
21
;o
0
0
MIS
E�NWZASf
c
-�j
A 14 E
T . M,.p
EXHIBIT D
DUSTING TOPOGRAPHY
OWASSO LAND TRUST
TANNER CONSULTING. L.L.C.
TULSA, OKLAHOMA
0
ose
wo
am
0 c;
oq
*U5 DI
�J J ' Ali• ,�. \` ----J�
N 145M gvenue East: -/
� -�\ ...:may \, • :1(\ •II \� —B \
I
PIW MO.
„ EXHIBIT E
SITE UT1LfT1ES
OWASSOLANOTRUST
5 `� -�•' �'I �_ TANNER CONSULTING, L4C.
W iG M9INEeixOYlx TULSA. OKLAHOMA
e�.rwrr+.van
/'_- } TLpca4pn Map
c?,
680 _ "Itary Sew
• e A r
m o
s %yam r 1 i _r i m •I Ile eta p f
III I� �i JAI I � � <✓f I __L�,fwa —�.T -:
y,
ro
oGS �s- co:UNT,Y, W
TP,
LE
PVD•O L -C.4
I
�J
woxo.
INF.PFii
W
EXHIBIT F
rgYQy��
EMSNNGZOMNGB LAND USES
SN
OWASSO LAND TRUST
W v
TANNER CONSULTING. LLC.
iK
TULSA. OKLAHOMA
W
�inarxai�cinonrna
n Location Map
TP,
LE
PVD•O L -C.4
I
C
and i ..I Nq
am, .
,Li 1
co I
-- arm
3:0
L O o
_
20
- SS
'a40 F II
�J
woxo.
morrew, to
W
EXHIBIT F
rgYQy��
EMSNNGZOMNGB LAND USES
SN
OWASSO LAND TRUST
13
TANNER CONSULTING. LLC.
C
TULSA. OKLAHOMA
W
C
and i ..I Nq
am, .
,Li 1
co I
-- arm
3:0
L O o
_
20
- SS
'a40 F II
°N
NS
vi 4.oivn r 3._
p G
N [k
17W �1 -z -mot _ •i l - `.;r. rze Hie:rH
7 444 ;;3 i
` N
�� ' ... � ``'lam I � r • �_F I ���
� O
N
Y�yj __11A36THE rP W i y 1
..N -125. H°as1 -Av°' -•� - -
1
c
R 14 E
21
I
nL�cati�n Map
N
MONO.
,
EXHIBIT I
EXISTING SOILS MAP
OWASSO LAND TRUST
TANNER CONSULTING, L.L.C.
TULSA OKLAHOMA
L
(04,
1s
a .
go
go
11]
0
U)
CD
c
Lu
0
OE
od
0
mo
111 //a I( Z06 /DAP
Development Concept
Morrow Place is an exciting, mixed -use development on a unique, large parcel of
presently undeveloped land within the City of Owasso. The project site is located
on the historic Morrow Farm consisting of over 240 acres along the U.S. Highway
169 Corridor. Great care was taken in the 'master planning' phase of this
development to insure a compatible development with existing land uses and to
maintain an historic connection with the past uses.
Section 820 of the Owasso Zoning Code states the purposes of the Planned Unit
Development (PUD) are to permit innovative land development while maintaining
appropriate limitations on the character and intensity of use. Additionally, a
purpose of the PUD is to permit flexibility within the development to best utilize
the unique physical features of the particular site and provide and preserve
meaningful open space. The proposed PUD meets and exceeds this
requirement and the stated purposes of the Owasso Zoning Code.
The PUD is divided into five various development areas, each with a unique set
of development standards for regulated, quality development. The residential
areas proposed for the development will vary in lot size and dwelling sizes in
order to provide a greater variety of housing types and price points. Although
specific commercial uses are not known at this time, the configuration of the
commercial area maximizes the highway and arterial street frontages.
Commercial uses are highly restricted and limited to only those uses appropriate
with the surrounding uses.
Throughout the PUD, a property owner's association will be formed for the
residential areas. A similar association may be formed for the non - residential
areas depending on the method and timing of those development areas. Each
platted area will establish private covenants which set forth minimum dwelling
sizes, percent of masonry, architecture review of elevations and other criteria
which will establish and maintain a very high quality of development. The
developers will work with land planners to develop aesthetic features such as
nicely landscaped entries, neighborhood recreation areas and proper screening
and landscaping buffers between commercial and residential uses.
Within Development Area "C ", an historic museum is proposed along with
residential single - family uses. In the event this museum is eventually developed,
the museum will provide a connection with the events and families that once
occupied the Morrow site, including connections with the past of the City of
Owasso. Alternatively, this museum area may eventually be developed solely
with single - family residences as set forth in the Development Area "C" criteria,
I I 12P0 1
cJ
Within Development Area "A ", an approximate eight acre alternative residential
area is shown for single- family development. Due to the location of this area and
the abutting commercial area, smaller lots than those established by the
Development Standards may be permitted. Single- family residences with zero
lot lines, town homes or attached single - family dwelling units may be permitted
as reviewed and approved by the Planning Commission and City Council in the
platting process.
Development Standards
Development area A (Residential single- family)
Land Area:
67.08 acres
Permitted Uses: Uses permitted as a matter of right in Use Unit 6 of the City of
Owasso Zoning Code, along with customary and accessory uses, including but
not limited to landscaped entrances, neighborhood swimming pool and recreation
area, and other uses which may be incidental thereto.
Maximum Number of Dwelling Units:
Minimum Lot Width:
Minimum Lot Area:
Maximum Building Height:
Off - Street Parking:
Minimum Yard Requirements:*
Front property line abutting a street
Side property line abutting a street
Side property line not abutting a street
From rear property line
271
75 feet*
9,000 sf*
35 feet
Two (2) enclosed off - street
parking spaces per
dwelling unit.
20 feet
5 feet
5 feet
20 feet
Signs:
A maximum of two entry identification signs shall be permitted at each
entry with a maximum of 64 square feet of display signage surface area at each
entrance of the development residential public streets.
*As noted in the Development Concept above, in the southern areas of
Development Area A no more than eight acres of single - family use may be
approved with minimum lot widths of 20 feet and lot area of 1,600 square feet.
Dwellings may be attached and constructed per Townhome standards set forth in
the City of Owasso, Oklahoma Zoning Code. Such overall plan shall be
approved by the Planning Commission and City Council in the platting process.
OLA
The city Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson
Director of Community Development
SUBJECT: Tax - Credit Senior Housing
DATE: August 14, 2015
BACKGROUND:
During the July and August worksessions, Council discussed at length an application submitted
to the City of Owasso asking for a resolution of support for Tax - Credit Senior Housing Project. The
subject property is located along N 1451h E Ave, just east of Friendship Baptist and across the
street from Hodson Elementary. The letter received from Cornerstone Associates, LLC states that
the applicant is requesting a resolution of support to construct tax - credit senior housing on the
subject property. If approved by the City Council, the requested Resolution would be provided
to the Oklahoma Housing Finance Authority (OHFA) for consideration at their January 2016
meeting.
Please see the attached July 2015 worksession memo for additional project background and
analysis.
ANALYSIS:
The development would include fifty -four (54) units, one and two- bedrooms. All of the proposed
units will be rent and income restricted. The development would be called Legacy Senior
Residences and would have the following amenities:
• Elevators
• On -site management
• Social library
• Common dining area with serving kitchen
• Gated /Secure access
• Garages
• Green space for recreation
The units themselves would have Energy Star appliances, washer and dryer, medical alert
systems, carpet, ceiling fans and more.
The applicant is requesting the resolution of support in advance of the January 2016 deadline.
The Tax - Credit Housing application process would be as follows:
• Resolution of support requested from the local jurisdiction.
• Other documentation and data is collected by the applicant.
• The application and supporting materials are submitted to OHFA and the Authority
makes a decision on each application.
• If the application is successful, the applicant will notify the City and start preparing
development documents (site plans, civil engineering plans, etc.).
Because this project involves multifamily development, the applicant would have to
prepare a PUD document and take the project though the PUD process.
If the PUD is approved, the applicant would prepare construction documents to be
submitted to the City for review and approval.
Once all approvals are given, the work on the property would commence.
The applicant is asking the Council for a Resolution stating the City is in support of this type of
development. If the application submitted by Cornerstone Associates, LCC is approved by
OHFA, the applicant would come back to the City and proceed through the typical
development process. Approval of this Resolution would not give any project approvals, just our
support for the applicant to continue through the OHFA process to see if funding could be
obtained for this development.
RECOMMENDATION:
Staff recommends approval of the Resolution 2015 -15.
ATTACHMENTS:
Resolution - 2015 -15
July 2015 Council Worksession memo
Area Map
Aerial Map
Request Letter from Cornerstone Associates, LLC
OWASSO CITY COUNCIL
RESOLUTION 2015 -15
A RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA
SUPPORTING THE APPLICATION FOR TAX CREDITS FOR A LOW - INCOME
SENIOR HOUSING DEVELOPMENT CALLED LEGACY SENIOR
RESIDENCES.
WHEREAS, Cornerstone Associates, LLC is proposing to construct a 54 -unit housing
development for low- income senior citizens known as Legacy Senior Residences located at the
southwest corner of E 86th St N & N 145th E Ave in the City of Owasso; and,
WHEREAS, the City of Owasso understands and embraces the need for affordable housing
opportunities; and,
WHEREAS, the City of Owasso further sees the need for affordable housing opportunities for
Owasso's growing senior citizen population; and,
WHEREAS, the request submitted by Cornerstone Associates, LLC is consistent with Owasso's
affordable housing strategies and the GrOwasso 2030 Land Use Master Plan.
NOW THEREFORE, BE IT RESOLVED by the City Council of Owasso, that the City of Owasso
supports favorable consideration by the Oklahoma Housing Finance Authority to be given to
Cornerstone Associates, LLC for a tax credit award for the development of Legacy Senior
Residences in the City of Owasso.
APPROVED AND ADOPTED this the day of , 2015.
Jeri Moberly, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Trout Lombardi, City Attorney
0 �V 90
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Bronce L. Stephenson
Director of Community Development
SUBJECT: Tax - Credit Senior Housing
DATE: July 10, 2015
BACKGROUND:
With a goal of improving the housing stock in Oklahoma, The Oklahoma Housing Finance
Agency (OHFA) was created by Executive Order by Governor David Boren in 1975. The Agency
is a non - profit, tax exempt entity, with the State of Oklahoma as the beneficiary of the Trust. In
1976, OHFA opened its doors with 12 district field agents hired to implement a rental assistance
program.
The Affordable Housing Tax Credits (AHTC) Program offsets the high cost of rental housing
construction and rehabilitation and provides affordable rent rates for low- income families. Tax
Credits provide a 10 -year reduction in tax liability for developers who construct or rehabilitate
affordable rental housing. Developers sell Tax Credits to Fortune 500 companies and other
investors. The money obtained from the sale is used to lower financing costs. The end result is
lower rent for families. The AHTC Program can be used for new construction and rehabilitation of
rental housing for those with limited incomes. Tax credits create partnerships between OHFA and
developers who build or rehabilitate affordable apartments or homes.
The purpose of the Oklahoma Affordable Housing Tax Credit (AHTC), also known as Low Income
Housing Tax Credit (LIHTC) Program is to expand the supply of new affordable rental units and
rehabilitate existing rental housing for Qualifying Households by stimulating private investment.
AHTC applications are made through the Oklahoma Housing Finance Authority (OHFA), with
applications being considered in January and July of each year. The money given out to
developers and to those qualifying for assistance is provided federally by the Department of
Housing and Urban Development (HUD).
Shown here are the income limitations on eligibility for Low- Income Housing:
STATE OF OKLAHOMA
Maximum Income and Maximum Rent to Qualify Units as Low-Income
for the Low Income Housing Tex Credd Program -2015 Calculations
Effective 031062015 All rents Inolede u781tles
MEDIAN INCOME LIMITS FOR A GIVEN NUMBER OF PERBONS IN THE FAMILY MAXIMUM RENTS FOR GIVEN 6 BEDROOMS
MSAICOUNTY INCOME 1 2 3 4 5 8 7 a EFF 1 2 3 4
TULSA, OK MSA
M
87,400
21,500
24,800
?7,650
30,700
33,200
35,850
38,700
40,550
60%
537
678
691
798
891
(see page I MBA)
30,700
34,440
38,710
42,880
48,480
49,910
53,340
56,770
140 %oi 50%
25,800
29,520
33,180
38,640
39,840
42,780
45,720
48,660
40/60
695
697
829
958
7,089
36.120
47 328
48.452
57 578
55 776
59892
84 008
88.724
140% of 60%
ANALYSIS:
An application has been submitted to the City of Owasso asking for a resolution of support for
Tax - Credit Senior Housing Project. The subject property is located along N 145th E Ave, just east
of Friendship Baptist and across the street from Hodson Elementary.
A request for a resolution of support was received from Cornerstone Associates, LLC for the
subject property. They are requesting the resolution of support in advance of the January 2016
deadline. The Tax - Credit Housing application process would be as follows:
• Resolution of support requested from the local jurisdiction.
• Other documentation and data is collected by the applicant.
• The application and supporting materials are submitted to OHFA and the Authority
makes a decision on each application.
• If the application is successful, the applicant will notify us and start preparing
development documents (site plans, civil engineering plans, etc.).
• Because this project involves multifamily development, the applicant would have to
prepare a PUD document and take the project though the PUD process.
• If the PUD is approved, the applicant would prepare construction documents to be
submitted to the City for review and approval.
• Once all approvals are given, the work on the property would commence.
Owasso has a real need for affordable senior housing in the same way that we need any type of
senior housing and general affordable housing. Having a mixture of housing types and having a
City that has housing options for varying socioeconomic backgrounds makes for a complete
community. The City receives calls quite often from seniors and their families looking for housing
opportunities in Owasso and have to be turned away to other communities. Owasso currently
has only two properties that have connections to OHFA or allow OHFA vouchers, Wildwood
Apartments at 11611 E 80th St N and Prairie Village at 12877 E 116th St N.
This item will be brought back to the August 10, 2015 Council Worksession for further discussion of
the project specifics, with a vote at the August 17, 2015 meeting on a Resolution of Support.
ATTACHMENTS:
Area Map
Aerial Map
Owasso Tax Credit Senior Housing Site
y
11'
�`"T ./ '
J
//�� / •.
Legend
streetNames
it
-
Villas at Preslmi" /� T // n ,f
— Centedlnss
•�� `
r ���/• /�+ >�
Parcels
Rogers Parcels
___ `^
Penceline
kk
u
I
I
i
I
E.8561 St A:.-
.�. _.
• ..-- . - -__ -_ _ E 83rc1 0orth Avee� -- - -
_
\\
iso Golf
Of-Club
\
\
I
1
400 m
1
lose ft
I --
1" = 752 ft
Sub Title
07/0812015
\,\ i�l
s
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 ce" ^ct Owasso staff for the most up -to -date Information.
.
Owasso Tax Credit Senior Housing Site
V = 376 ft Sub Title 07108/2015
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.
AEV 19W
OR.I�ERSTONE
Associates, LLC
May 28th, 2015
Ms. Jeri Moberly, Mayor
Owasso City Hall
111 N. Main Street
Owasso, OK 74055
RE: Notice of Proposed Application
Dear Mayor Moberly,
Please accept this letter as written notification that Cornerstone Associates, LLC, as Developer, and Legacy - Owasso
Partners, LP, applicant, intend to file an application with the Oklahoma Housing Finance Agency on or before July
3, 2015 for the Second Cycle application process to obtain possible tax credits for the new construction of a senior
apartment development located at East 86th Street North and North 145" East Avenue, Owasso, Oklahoma (map
enclosed).
The proposed affordable development, to be known as Legacy Senior Residences will contain fifty -four (54).one
and two bedroom units, of which 100% will be rent and income restricted at or below 60% of the area median.
income (AMI).
The development will consist of a three story building with an elevator. Athenities include on -site managementand
maintenance, a social library, common dining area with a serving kitchen, mailboxes located in the central lobbyacd
secured access entry. The development will include garages, ample off street parking and plenty of green spacefur
outdoor enjoyment.
Unit amenities will include fully equipped kitchens with Energy Star Rated appliances, full size washer /dryer in
each unit, ceiling fans in each bedroom and living room, full window coverings, wall to wall csrpating and 24 hour
medical alert system.
Cornerstone Associates, LLC welcomes your comments on our proposed intent to develop quality, affordable
housing in the City of Owasso. l have experienced a.great deal of support and sincerely request any support you may
offer. Please feel free to contact my office for any additional information.
Sincerely,
Bobbi Jo Lucas _ ,
President
Eno
209 S. 19" St., Suite 100 Omaha, NE 69102 Ph: 402- 341 -0888 Fax: 402- 341 -265.5
East 86th St N & N 145th Ave E
n—Tity Wit lout Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Larry Langford
Director of Recreation and Culture
SUBJECT: Heart Healthy Trail /Feature Spray Park /Rayola Splash Pad Expansion
Vision 2025 Funding - Professional Services Agreements
DATE: August 14, 2015
BACKGROUND:
On November 5, 2014, The Tulsa County Vision Authority adopted a resolution that states Owasso
is eligible to receive excess Vision 2025 funds totaling $6,882,761. On April 21, 2015, Owasso City
Council approved Resolution 2015 -08 recommending projects for these funds. A portion of this
funding is designated for the Heart Healthy Trail, a Feature Spray Park and the expansion of the
Rayola Park splash pad.
The Heart Healthy 5K trail will be a located at the Owasso Sports Park and will extend around the
perimeter of the park. The length of the trail will be at least 3.2 miles to allow for 5K events. The
width of the trail will be 8 -10' wide and allow for a variety of cardio vascular activities.
The Feature Spray Park will be an elevated wet playground and will serve as a local retreat for
families hoping to escape the heat of the summer months. It will be located in the Owasso Sports
Park and will be larger than most splash parks in the area. It is anticipated to have one or more
slides with spray features on and around the main structure.
Rayola Splash Pad will be extended, doubling its size, to accommodate the increased usage of
this highly visible park, located adjacent to Highway 169 and the Owasso YMCA,
ENGINEER SELECTION PROCESS:
Staff considered consulting firms that possessed the experience for the desired scope of work.
Based on work history, familiarity, and knowledge in this specialized area, Planning Design
Group, Inc. (PDG) of Tulsa, Oklahoma was asked to submit a professional services proposal for
the three separate projects.
SCOPE OF WORK:
Following is the scope of work for this project:
• Program and Analysis
• Conceptual Design
• Preliminary Design
• Final Design
• Bidding and Construction Administration
PROFESSIONAL SERVICE PROPOSAL:
Staff met with Planning Design Group, Inc. (PDG) to negotiate fees for services. Staff and PDG
came to an agreement relating to the professional services fee for the three projects. If
approved, cost for professional services will be as follows:
Heart Healthy Trail (Budget $830,000)
1. Programming & Conceptual Design Phase $ 1,500
2. Preliminary Design Phase $22,500
3. Final Design Phase $30,000
4. Bidding &Construction Administration Phase $14,500
Total Fee for this Site $68,500
Feature Spray Park (Budget $760,000)
1. Programming & Conceptual Design Phase $ 1,500
2. Preliminary Design Phase $21,000
3. Final Design Phase $29,000
4. Bidding &Construction Administration Phase $13,000
Total Fee for this Site $64,500
Rayola Splash Pad Expansion (Budget $300,000)
1. Programming & Conceptual Design Phase $ 1,500
2. Preliminary Design Phase $ 8,000
3. Final Design Phase $12,000
4. Bidding &Construction Administration Phase 5,500
Total Fee for this Site $27,000
FUNDING
Funding for the professional services will be obtained through the Vision 2025 Funds.
RECOMMENDATION:
Staff recommends awarding three separate professional services agreements to Planning Design
Group, Inc. of Tulsa, OK for the Heart Healthy Trail in the amount of $68,500, the Feature Spray
Park in the amount of $64,500, and Rayola Splash Pad expansion in the amount of $27,000 and
authorization for the Mayor to execute the agreements.
ATTACHMENTS:
Location Maps
Proposed Services Agreements
i` >.'
Yi
�Y�
9r
I" �
5
Z
�z.
,�
�� ?.
E5.
�¢
E � E S
gop�i
a E b <'{
a f 5 -�
(�
,o
u'
r � a
gr�s
f r i -4
-.
nz}
`. i' -''
-j f
AGREEMENT
For DESIGN SERVICES
AQUATIC PLAY FEATURE & SK TRAIL AT THE SPORTS PARK
SPLASH PAD EXPANSION AT RAYOLA PARK
OWASSO OKLAHOMA
THIS AGREEMENT, made and entered into between the City of Owasso, Oklahoma, a municipal
corporation, hereinafter referred to as OWNER and PDG Inc., an Oklahoma corporation, d /b /a Planning
Design Group, hereinafter referred to as LANDSCAPE ARCHITECT.
WITNESSETH
WHEREAS, Owner desires to prepare plans and specifications for the development of aquatic play
feature and 5 K trail system at the Sports Park and an expansion to the existing splash pad at Rayola
park. , hereinafter referred to as the PROJECT; and
WHEREAS, Owner requires certain professional services in connection with the PROJECT, hereinafter
referred to as the SERVICES; and
WHEREAS, LANDSCAPE ARCHITECT is prepared to provide such Services;
NOW, THEREFORE, in consideration of the promises contained herein, Owner and Landscape Architect
agree as follows:
ARTICLE 1— EFFECTIVE DATE
The effective date of this Agreement shall be August 2015
ARTICLE 2 —GOVERNING LAW
This agreement shall be governed by the laws of the State of Oklahoma.
ARTICLE 3— SERVICES TO BE PREFORMED BY LANDSCAPE ARCHITECT
Landscape Architect shall perform the Basic Services described in Attachment A, Item 1 through Item 4,
Scope of Services.
City of Owasso Sports Park and Rayola Improvements - --
116
ARTICLE 4 — COMPENSATION
Owner shall pay the Landscape Architect in accordance with Attachment A, Item 6, Basic
Compensation.
ARTICLE 5 —TIME FOR COMPLETION
The LANDSCAPE ARCHITECT shall provide the necessary services and complete all work required or
undertaken in a manner consistent with a time frame that meets the City's needs and schedule for
funding.
ARTICLE 6— STANDARD OF CARE
The Landscape Architect shall exercise the same degree of care, skill and diligence in the performance
of the Services as is ordinarily possessed and exercised by a professional Landscape Architect under
similar circumstances. The Landscape Architect shall correct the Services which fail to satisfy this
standard of care. No warranty, expressed or implied is included in this Agreement or in any drawing,
specifications report or opinion produced pursuant to this Agreement.
ARTICLE 7 — LIABILITY AND INDEMNIFICATION
7.1 General. Having considered the potential liabilities that may exist during the performance of
the Services, the benefits of the Project and the Landscape Architect's fees for the Services and in
consideration of the promises contained in this Agreement, Owner and Landscape Architect agree to
allocate and limit such liabilities in accordance with this Article.
7.2 Indemnification. Landscape Architect agrees to defend, indemnify and hold harmless Owner,
its agents and employees, from and against legal liability for all claims, losses, damages and expenses to
the extent such claims, losses, damages, or expenses are caused by its negligent acts, errors or
omissions. In the event such claims, losses, damages or expenses are caused by the joint or concurrent
negligence of the Landscape Architect and Owner, such liability shall be borne by each party in
proportion to its own negligence.
7.3 Employee Claims. Landscape Architect shall indemnify Owner against legal liability for
damages arising out of claims by Landscape Architect's employees.
7.4 Survival. Upon completion of all Services, obligations and duties provided for in this
Agreement, or if this Agreement is terminated for any reason, the terms and conditions of this Article
shall survive.
ARTICLE 8 — INSURANCE
During the performance of the services under this Agreement, Landscape Architect shall maintain the
following insurance:
City of Owasso Sports Parka nd Rayola Improvements 2 16
8.1 General Liability Insurance with a combined single limit of not less than $1,000,000 for each
occurrence and not less than $1,000,000 in the aggregate.
8.2 Automobile Liability Insurance with a combined single limit of not less than $1,000,000 for each
accident.
8.3 Workers Compensation Insurance in accordance with statutory requirements and Employer's
Liability Insurance with limits of not less than $500,000 for each occurrence.
8.4 Professional Liability Insurance with a minimum annual limit of $1,000,000 in the aggregate.
Landscape Architect shall furnish Owner certificates of insurance which shall include a provision that
such insurance shall not be canceled without at least thirty days written notice to Owner.
ARTICLE 9 — LIMITS OF RESPONSIBILITY
Landscape Architect shall not be responsible for: (1) construction means, methods, techniques,
sequences, procedures or safety precautions and programs in connection with the Project; (2) the
failure of any contractor, subcontractor, vendor or other Project participant, not under contract to
Landscape Architect, to fulfill contractual responsibilities to the Owner or to comply with federal, state
or local laws, regulations, and codes; or (3) procuring permits, certificates and licenses required for
any construction unless such responsibilities are specifically assigned to Landscape Architect in the
Scope of Services.
ARTICLE 10— OPINIONS OF COST AND SCHEDULE
Since the Landscape Architect has no control over the cost of labor, materials or equipment furnished
by others or over the resources provided by others to meet Project schedules, Landscape Architect's
opinion of probable costs and of Project schedules shall be made on the basis of experience and
qualification as a professional Landscape Architect. Landscape Architect does not guarantee that
proposals bids or actual Project costs will not vary from Landscape Architect's cost estimates.
ARTICLE 11— REUSE OF DOCUMENTS
Upon Owner's request, Landscape Architect shall furnish Owner with specified drawings on "compact
disk ". All documents, including, but not limited to, maps, drawings, specifications and computer
models or software prepared by Landscape Architect pursuant to this Agreement are instruments of
Service in respect to the Project. They are not intended or represented to be suitable for reuse by
Owner or others on any other project. They are, however, intended and represented to be suitable
for reuse by Owner or others on revision or extension of the Project.
City of Owasso Sports Park and Rayola Improvements - - 3 16
ARTICLE 12— TERMINATION
This Agreement may be terminated by either party upon written notice in the event of substantial
failure by the other party to perform in accordance with the terms of this Agreement. The non-
performing party shall have fifteen calendar days from the date of the termination notice to cure or to
submit a plan for cure acceptable to the other party.
Owner may terminate or suspend performance of this Agreement for Owner's convenience upon
written notice to Landscape Architect. Landscape Architect shall terminate or suspend performance of
the Services on a schedule acceptable to Owner. If termination or suspension is for Owner's
convenience, Owner shall pay Landscape Architect for all the services performed to date, amount not
to exceed the normal fee amount due for the services rendered and termination or suspension
expenses. Upon restart, an equitable adjustment shall be made to Landscape Architect's
compensation.
ARTICLE 13 — DELAY IN PERFORMANCE
Neither Owner nor Landscape Architect shall be considered in default of this Agreement for delays in
performance caused by circumstances beyond the reasonable control of the non- performing party.
For purposes of this Agreement, such circumstances include, but are not limited to abnormal weather
conditions; floods; earthquakes; fire; epidemics; war; riot and other civil disturbances; strikes; work
slowdowns and other labor disturbances; sabotage; judicial restraint; and inability to procure permits,
licenses, or authorizations from any local, state, or federal agency for any of the supplies, materials,
accesses, or services required to be provided by either Owner or Landscape Architect under this
Agreement.
ARTICLE 14— COMMUNICATIONS
Any communication required by this Agreement shall be made in writing to the address specified
below:
Landscape_ Architect:
Planning Design Group
Attn: James Crosby, P.L.A.
5314 S. Yale Ave., Suite 710
Tulsa, Oklahoma 74135
icrosbv @pdgtulsa.com
Owner:
City of Owasso, Oklahoma
Attn: Warren Lehr
City Manager
111 N. Main, City Municipal Building
Owasso, Oklahoma
wlehr @cityofowasso.com
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between representatives of Landscape Architect and Owner.
- - ...
City of Owasso Sports Park and Rayola Improvements — 4 16
ARTICLE 15— WAIVER
A waiver by either owner or Landscape Architect of any breach of this Agreement shall be in writing.
Such a waiver shall not affect the waiving party's rights with respect to any other or further breach.
ARTICLE 16— SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any
event rendering any provision of this Agreement void shall, in no way, affect the validity of
enforceability of any other provision of this Agreement. Any void provision shall be deemed severed
from this Agreement and the balance of this Agreement shall be construed and enforced as if this
Agreement did not contain the particular portion of provision held to be void. The parties further agree
to amend this Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision. The terms of this Article shall not prevent this entire
Agreement from being void should a provision which is of the essence of this Agreement be
determined void.
ARTICLE 17— INTEGRATION
This agreement represents the entire and integrated agreement between Owner and Landscape
Architect. It supersedes all prior and contemporaneous communications, representations, and
agreements, whether oral or written, relating to the subject matter of this Agreement.
ARTICLE —18 THIRD PARTY RIGHTS
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Owner
and Landscape Architect.
City of Owasso Sports Parkand Rayola Improvements 516
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies on the respective
dates herein below reflected to be effective on the date executed by the City Manager and the Mayor of
the City of Owasso.
Attest:
"LANDSCAPE ARCHITECT"
PDG, Inc. d /b /a
Planning Design Group, Inc.
By:
James Crosby, Principal
Subscribed and Sworn to me this day of August 2015
Notary Public
Commission # / Expiration:
Date:
Attest:
City Clerk
Approved:
City Attorney
Date:
"OWNER"
THE CITY OF OWASSO, OKLAHOMA,
a municipal corporation
0
La
Warren Lehr, City Manager
Jeri Moberly, Mayor
City of Owasso Sports Park and Rayola Improvements - 6 16
ATTACHMENT "A"
Page 1
SCOPE OF SERVICES
1. Program and Analysis Phase
Working from electronic base s u r v e y information a n d G e o t e c h n i c a I Report
provided by the City of Owasso, this phase will evaluate and analyzing the following:
A) The team will make an initial site visit to walk and photograph both properties to get
familiar with the features, views and relationship to the surrounding property.
B) Kick off meeting with city staff to discuss previous city and citizen input and develop a
final scope for the project.
C) Evaluate information and data from this phase to develop the final program of work to
commence with Conceptual Design.
2. Conceptual Design Phase
Following the review with the City, input and establishment of the final project
programming, we will prepare conceptual plans for each site utilizing the electronic base
s u r v e y a n d G e o t e c h n i c a l R e p o r t information provided by the City of
Owasso. The following outlines activities within this phase:
Sports Park aquatic feature (Budget $760,000)
A) We will develop layout and plans for a new aquatic facility, this area would include some
or all of the following items in this area:
1. This area will be design as a master plan to show currently funded items and future
expansions. This will allow for the proper sized detention facility to be designed
without jeopardizing future expansions.
2. The master plan will include refining the south entry drive and parking lot layout. This
work will be engineered and finalized by the city for in -house construction.
3. A splash pad divided into multiple pods with possible theme or different themes and
including a pass through water system generally consisting of multiple upright spay
toys as well as multiple ground spray nozzles situated on a concrete pad, color
graphics may be considered on the pad if budget allows, a vault with valve manifold
and backflow device, and an above grade programmable controller. This feature does
not require state approval.
4. Use of tower slides with formed slide run outs (no body of standing water) including
recirculation pumping and filtration system. This feature requires state permitting and
approval.
5. Work with the city to provide utility connections to city lines as required for the
operation of the facility.
6. Development of a seating plaza adjacent to the splash pad including but not limited to
a shade structure or multiple shade structures, fencing, benches and picnic tables with
a sidewalk system connecting the different components of the facility and the existing
parking lot within the park.
B) Prepare and provide to the city a color rendering of the facility for public display and or
approvals.
C) Schedule and attend a team meeting with the city staff to go over the Conceptual design
package.
D) Prepare architects probable cost for the project.
Sports Park SK Trail (Budget $830,000)
A) The trail would generally circle the entire Sports Park perimeter to create a full 5K trail
- system to host running and walking events.
B) The trail would generally include:
1. The trail will consist of approximately 16,400 Linear Feet of asphalt trail
2. The trial will be 10' Wide.
ATTACHMENT "A"
Page 2
3. The trail will be constructed with an aggregate base material and asphalt surfacing.
4. The trail will follow the general path that has been depicted on the master plan
prepared by the city of Owasso staff.
C) Proposed features along the trail would include but not limited to:
1. Construction of a trail head at an existing parking area.
2. Drinking fountain and signage.
3. The trail will contain benches for resting and enjoying the natural scenery, and could
also include measured distance markers for more accurate timing.
D) Prepare and provide to the city a color rendering of the facility for public display and or
approvals.
E) Schedule and attend a team meeting with the city staff to go over the Conceptual design
package.
F) Prepare architects probable cost for the project.
Rayola Splash Pad Expansion ($300,000)
B) We will develop layout and plans for expansion of the splash pad facility, this area would
include some or all of the following items in the new area:
1. A splash pad with a pass through water system generally consisting of multiple upright
spay toys as well as multiple ground spray nozzles situated on a concrete pad, color
graphics may be considered on the pad if budget allows, a vault with valve manifold
and backflow device, and an above grade programmable controller.
2. Work with the city to provide utility connections to city lines as required for the
operation of the facility.
3. Development of a seating plaza adjacent to the splash pad including but not limited to
a shade structure or multiple shade structures, benches and picnic tables with a
sidewalk connecting the facility an existing parking lot within the park.
C) Prepare and provide to the city a color rendering of the facility for public display and or
approvals.
D) Schedule and attend a team meeting with the city staff to go over the Conceptual design
package.
E) Prepare architects probable cost for the project.
3. Preliminary Design Phase
Following owner's review and acceptance of the conceptual plans, we will prepare the
preliminary plans incorporating any comments or revisions requested by the city. The
following outlines the necessary activities within this phase:
A) Develop preliminary construction documents base on conceptual designs approved in the
previous phase of work. Including:
1. Develop plan and layout sheets
B) Schedule and attend a team meeting with the city staff to go over the 75% preliminary
construction document package.
C) Prepare architects probable cost for each on the three projects.
ATTACHMENT "A"
Page 3
4. Final Design Phase
Following the owner's review and acceptance of the preliminary plans, we will prepare the
final construction documents incorporating any comments or revisions requested by the city.
The following outlines the necessary activities within this phase:
A) Develop final construction documents based on the approval of the preliminary plans in
the previous phase of work. Including:
1. Finalize all plans, and construction details.
2. Prepare necessary bidding specifications.
3. Prepare architects probable cost for each on the three projects.
B) Schedule and attend a team meeting with the city staff to go over the 100% final
construction document package.
C) Deliver bid packages for the city to advertise or negotiate a construction contract.
S. Bidding and Construction Administration Phase
Assist the city with bidding and construction administration. The city will be responsible for
the day to day inspections. The following outlines PDG involvement in this phase.
A) Answer questions from bidders.
B) Issue addendum during the bidding phase
C) Assist the city in bid evaluation
D) Answer questions by email or phone throughout the project
E) Assist the city and prepare Request for Information (RFI) and Request for Proposals (RFP)
throughout the project.
F) Assist the city and prepare Change Orders (CO) throughout the project.
G) Make site visits during construction a minimum of bi- weekly and weekly as necessary each
including a Construction Observation Report (COR).
H) Assist and attend the final walk through with the contractor including a Punch List
prepared by PDG.
6. BasiE ompensation
We will execute the above described scope of Basic Services as indicated in items 1 through 5
for a lump sum of $160,000.00 with the following breakdown:
Sports Park aquatic feature (Budget $760,000)
1. Programming & Conceptual Design Phase $ 1,500.00
2. Preliminary Design Phase $21,000.00
3. Final Design Phase $29,000.00
4. Bidding &Construction Administration Phase $13,000,00
Total Fee for this Site 64,500.00
Sports Park Trail (Budget $830,000)
1. Programming & Conceptual Design Phase $ 1,500.00
2. Preliminary Design Phase $22,500.00
3. Final Design Phase $30,000.00
4. Bidding &Construction Administration Phase $_14,500.00
Total Fee for this Site 68,500.00
worts Ravola Splash Pad Expansion ($300 000)
1. Programming & Conceptual Design Phase
2, Preliminary Design Phase
3. Final Design Phase
4. Bidding &Construction Administration Phase
Total Fee for this Site
$ 1,500.00
$ 8,000.00
$12,000.00
5,500.00
27,000.00
ATTACHMENT "A"
Page 4
7. Additional Services
Any services requested which are not included under the basic scope of service in this proposal
will be passed on as an hourly fee or can be quoted as a lump sum upon request. All additional
fees will be approved in advance by the owner. The following hourly rates will apply:
Hourly Rates
Principal........................ ............................... $135.00
Lead Project Designer /Project Manager... $115.00
Project Designer ......... ............................... $ 95.00
Designer /Production ..... ..............................$ 85.00
Billings for services are sent out monthly for work in progress or at the completion of the
project or a specified phase of work. Terms of payment are "Net 30 Days" from the date of the
invoice.
Consumer Confidence Report
CERTIFICATE OF COMPLETION and DISTRIBUTION
PWS Name: City of Owasso
PWSID 43007218
The community water system indicated above hereby confirms that the Consumer Confidence
Report has been distributed to customers (and appropriate notices of availability have been given) in
accordance with 40 CFR 141.155. Further, the system certifies that the information contained in the
report is correct and consistent with the compliance monitoring data previously submitted to the
primacy agency.
Certified by:
Name:
Title: Chair, Owasso Public Works Authority
Phone: 918- 376 -1577
RETURN a copy of your Consumer Confidence Report
and the signed Certificate of Completion and Distribution
to the following address:
Consumer Confidence Report
Water Quality Division
Department of the Environmental Quality
PO Box 1677
Oklahoma City, OK 73101 -1677
The Citdy! - Limits.
TO: Honorable Mayor and City Council
City of Owasso
FROM: H. Dwayne Henderson, P.E.
City Engineer
SUBJECT: FY 2015 -2016 Miscellaneous Stormwater and Erosion Control Engineering Projects
DATE: August 14, 2015
BACKGROUND:
For many years, the City of Owasso's rapid development has been monitored by the City
Engineer's office. The City Engineer's office reviews plats for subdivisions and commercial
properties throughout the City to make sure streets, storm water conveyance systems, and water
and sewer lines are designed and constructed to City standards.
Stormwater detention and erosion control are critical aspects of development within the City of
Owasso. With the constantly changing regulations, an annual contract with a consulting firm
specializing in stormwater management was established in 2007 to review stormwater plans in
C order to protect the interests of the City. The consultant works on an "as needed" basis and
charges are based on an hourly rate schedule. The City Engineer's office determines plans that
can be reviewed "in- house" and those that need analysis by the expert consultant.
Since 2007, a firm has been retained annually on a contractual basis to provide these services
for the fiscal year. Engineering selection for these services have been quality based with
emphasis on past performance. Meshek and Associates, Incorporated performed these services
in 2007 and from 2009 to present. The Benham Companies provided these services in 2008.
PROPOSED ACTION:
With the expiration of the existing contract, it is necessary to approve the annual contract to
retain a consultant for the Miscellaneous Stormwater and Erosion Control Engineering Projects for
FY 2015 -2016. If the contract is approved, the expiration date will be June 30, 2016.
FUNDING SOURCE:
Funding for engineering services has been allocated in the FY 2015 -2016 Stormwoter Fund
budget.
RECOMMENDATION:
Staff recommends approval of the Agreement for Engineering Services for Miscellaneous
Stormwater and Erosion Control Engineering Projects with Meshek and Associates, Incorporated
of Tulsa, Oklahoma in an amount not to exceed $65,000 and authorization for the Mayor to
execute the agreement.
ATTACHMENT:
FY 2015 -2016 Agreement
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
THIS AGREEMENT, made and entered into this _ day of August, 2015 between the City
of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to as
CITY, and Meshek & Associates, PLC, hereinafter referred to as ENGINEER;
WITNESSETH:
WHEREAS, CITY intends to analyze various stormwater or erosion control issues for
existing infrastructure, to review existing ordinances for possible revision, to provide
stormwater reviews of development projects and to assist the City in general stormwater
review or design services, hereinafter referred to as the PROJECT; and,
WHEREAS, CITY requires certain professional services in connection with the PROJECT,
hereinafter referred to as the SERVICES; and,
WHEREAS, ENGINEER, is prepared to provide such SERVICES;
WHEREAS, funding is available for the PROJECT through the fiscal year 2015 -2016
Stormwater Management Budget;
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto
agree as follows:
1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A,
SCOPE OF PROTECT, which is attached hereto and incorporated by reference as part
of this AGREEMENT.
2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the
SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached
hereto and incorporated by reference as part of this AGREEMENT.
3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in
Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and
incorporated by reference as part of this AGREEMENT.
4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D,
COMPENSATION, and further described in Attachment E, BILLING RATE SHEET,
which are attached hereto and incorporated by reference as part of this
AGREEMENT.
5. SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B,
SCOPE OF SERVICES in accordance with the schedule set forth in Attachment F,
SCHEDULE, attached hereto and incorporated by reference as part of this
AGREEMENT.
6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES
undertaken in a mariner consistent with the prevailing accepted standard for similar
services with respect to projects of comparable function and complexity and with the
applicable laws and regulations published and in effect at the time of performance of
the SERVICES. The PROJECT shall be designed and engineered in a good and
workmanlike manner and in strict accordance with this AGREEMENT. All
PAGE 1 OF 13
engineering work shall be performed by or under the supervision of Professional
Engineers licensed in the State of Oklahoma, and properly qualified to perform such
engineering services, which qualification shall be subject to review by CITY. Other
than the obligation of the ENGINEER to perform in accordance with the foregoing
standards, no warranty, either express or implied, shall apply to the SERVICES to be
performed by the ENGINEER pursuant to this AGREEMENT or the suitability of
ENGINEER'S work product.
7. LIMITATION OF RESPONSIBILITY.
7.1. ENGINEER shall not be responsible for construction means, methods,
techniques, sequences, procedures, or safety precautions and programs in
connection with the PROJECT.
7.2. The presence of ENGINEER's personnel at a construction site is for the
purpose of providing to the CITY a greater degree of confidence that the
completed construction work will conform generally to the construction
documents and that the integrity of the design concept as reflected in the
construction documents has been implemented and preserved by the
construction contractor(s).
7.3. In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total PROJECT cost
and/ or execution. These conditions and cost/ execution effects are not the
responsibility of ENGINEER.
7.4. Record drawings will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the PROJECT
was finally constructed. ENGINEER is not responsible for any errors or
omissions in the information from others that is incorporated into the record
drawings.
7.5. ENGINEER's deliverables, including record drawings, are limited to the
sealed and signed hard copies. Computer - generated drawing files furnished
by ENGINEER are for CITY or others' convenience. Any conclusions or
information derived or obtained from these files will be at user's sole risk.
8. OPINIONS OF COST AND SCHEDULE.
8.1. Since ENGINEER has no control over the cost of labor, materials, equipment,
or services furnished by others, or over contractors', subcontractors', or
vendors' methods of determining prices, or over competitive bidding or
market conditions, ENGINEER'S cost estimates shall be made on the basis of
qualifications and experience as a Professional Engineer.
8.2. Since ENGINEER has no control over the resources provided by others to
meet construction contract schedules, ENGINEER'S forecast schedules shall
PAGE 2 OF 13
be made on the basis of qualifications and experience as a Professional
Engineer.
9. LIABILITY AND INDEMNIFICATION.
9.1. ENGINEER shall indemnify and hold the CITY and the CITY s officers and
employees harmless from and against damages, losses and judgments arising
from claims by third parties, including reasonable attorneys' fees and
expenses recoverable under applicable law, but only to the extent they are
caused by the negligent acts or omissions of the Engineer, its employees and
its consultants in the performance of professional services under this
Agreement. The Engineer's duty to indemnify the CITY under this provision
shall be limited to the available proceeds of insurance coverage.
9.2. ENGINEER shall not be liable to CITY for any special, indirect or
consequential damages, such as, but not limited to, loss of revenue, or loss of
anticipated profits.
10. CONTRACTOR INDEMNIFICATION AND CLAIMS.
10.1. CITY agrees to include in all construction contracts the provisions of Articles
7.1, and 7.2, and provisions providing contractor indemnification of CITY
and ENGINEER for contractor's negligence.
10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER
as additional insureds on the contractors general liability insurance policy.
11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall
comply with applicable regulatory requirements including federal, state, and local
laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall
procure the permits, certificates, and licenses necessary to allow ENGINEER to
perform the SERVICES. ENGINEER shall not be responsible for procuring pemdts,
certificates, and licenses required for any construction unless such responsibilities
are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES.
12. INSURANCE.
12.1.. During the performance of the SERVICES under this AGREEMENT,
ENGINEER shall maintain the following insurance:
12.1.1. General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
12.1.2. Automobile Liability Insurance with bodily injury limits of not less
than $1,000,000 for each person and not less than $1,000,000 for each accident
and with property damage limits of not less than $100,000 for each accident.
12.1.3. Worker's Compensation Insurance in accordance with statutory
requirements and Employers' Liability Insurance with limits of not less than
$100,000 for each occurrence.
PAGE 3 OF 13
12.1.4. Errors and Omissions Insurance to remain in effect during the
PROJECT and the term of any legal liability. Errors and Omissions coverage
to be for a minimum of $1,000,000.
12.2. ENGINEER shall furnish CITY updated certificates of insurance upon
request at anytime throughout the duration of the contract.
13. OWNERSHIP AND REUSE OF DOCUMENTS.
13.1. All documents, including original drawings, estimates, specifications, field
notes and data shall become and remain the property of the CITY.
13.2. CITY'S reuse of such documents without written verification or adaptation
by ENGINEER for the specific purpose intended shall be at CITY'S risk.
14. TERMINATION OF AGREEMENT.
14.1. The obligation to continue SERVICES under this AGREEMENT may be
terminated by either party upon fifteen days written notice in the event of
substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party.
14.2. CITY shall have the right to terminate this AGREEMENT, or suspend
performance thereof, for CITY'S convenience upon written notice to
ENGINEER; and ENGINEER shall terminate or suspend performance of
SERVICES on a schedule acceptable to CITY. In the event of termination or
suspension for CITY'S convenience, CITY shall pay ENGINEER for all
SERVICES performed to the date of termination in accordance with
provisions of Attachment D, COMPENSATION. Upon restart of a suspended
project, ENGINEER's contract price and schedule shall be equitably adjusted.
15. NOTICE.
Any notice, demand, or request required by or made pursuant to this AGREEMENT
shall be deemed properly made if personally delivered in writing or deposited in the
United States mail, postage prepaid, to the address specified below.
To ENGINEER: Meshek & Associates, PLC
1437 S. Boulder Ave. Suite 1550
Tulsa, OK 74119
Attention: Brandon Claborn, PE, CFM
To CITY: CITY OF OWASSO
301 W 2nd Avenue
Owasso, Oklahoma 74055
Attention: Roger Stevens, Public Works Director
15.1. Nothing contained in this Article shall be construed to restrict the
transmission of routine communications between representatives of
ENGINEER and CITY.
16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to
be in default of this AGREEMENT if delays in or failure of performance shall be due
to forces which are beyond the control of the parties; including, but not limited to:
PAGE 4 OF 13
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage; inability to procure permits, licenses, or authorizations from any state,
local, or federal agency or person for any of the supplies, materials, accesses, or
services required to be provided by either CITY or ENGINEER under this
AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial
restraint.
17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court
of competent jurisdiction as unenforceable, such portion shall be severed herefrom,
and the balance of this AGREEMENT shall remain, in full force and effect.
18. INTEGRATION AND MODIFICATION. This AGREEMENT includes
ATTACHMENTS A, B, C, D, E, and F and represents the entire and integrated
AGREEMENT between the parties; and supersedes all prior negotiations,
representations, or agreements pertaining to the SCOPE OF SERVICES herein, either
written or oral. CITY may make or approve changes within the general Scope of
Services in this AGREEMENT. If such changes affect ENGINEEWs cost of or time
required for performance of the services, an equitable adjustment will be made
through an amendment to this AGREEMENT. This AGREEMENT may be amended
only by written instrument signed by each of the Parties.
19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the
ENGINEER and the CITY over the interpretation or application of the terms of this
AGREEMENT, the matter shall be referred to the City's Director of Public Works for
resolution. If the Director of Public Works is unable to resolve the dispute, the matter
may, in the Director's discretion, be referred to the City Manager for resolution.
Regardless of these procedures, neither party shall be precluded from exercising any
rights, privileges or opportunities permitted by law to resolve any dispute.
20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to
this AGREEMENT, provided that nothing contained in this paragraph shall prevent
ENGINEER from employing such independent consultants, associates, and
subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the
performance of the SERVICES hereunder.
21. APPROVAL. It is understood and agreed that all work performed under this
AGREEMENT shall be. subject to inspection and approval by the Public Works
Department of the City of Owasso, and any plans or specifications not meeting the
terms set forth in this AGREEMENT will be replaced or corrected at the sole expense
of the ENGINEER. The ENGINEER will meet with the City staff when requested and
will be available for public meetings and City of Owasso presentations.
22. CONTRACT EXTENTIONS. Upon approval of the Public Works Department and
the Consultant, this contract may be extended for three (3) successive, one (1) year
terms if agreed to by both parties in writing not less than sixty (60) days prior to the
expiration of the initial one (1) year or of any successive one (1) year term. Hourly
rate changes from the consultant and maximum contract are subject to change. This
extention is the first extention of a maximum of three (3) extentions.
23. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has
designated Janet K. Meshek as Project Manager for the PROJECT. ENGINEER
PAGE 5 OF 13
agrees that no change will be made in the assignment of this position without prior
approval of CITY.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies
on the respective dates herein below reflected to be effective on the date executed by the
Mayor of the City of Owasso.
APPROVED:
City Clerk
APPROVED AS TO FORM:
City Attorney
Meshek & Associates. PLC
Brandon Claborn, PE, CFM
Date _/_/2015
CITY OF OWASSO, OKLAHOMA
Mayor
Date _/_/2015
PAGE 6 O 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Scope of Project
Attachment A
SCOPE OF PROTECT. The PROJECT shall consist of civil engineering services for the
following categories of assignments:
1. Review of hydrology and hydraulic reports and studies for development projects;
2. Assistance in the development of policies and ordinances related to stormwater, erosion
control or the Municipal Separate Stormsewer System (MS -4);
3. Specific assignments related to hydrology and hydraulics that may arise with regard to
existing installed infrastructure or proposed development projects;
4. Review of hydrology and hydraulic reports for developments as they relate to the City
of Owasso Master Drainage Plan;
5. Review of floodplain issues regarding FEMA regulated floodplains and floodways; and
6. Any other Stormwater or erosion control issues that the City requests assistance.
PAGE 7 OF 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Scope of Services
Attachment B
The services to be performed by the ENGINEER, Meshek & Associates, PLC, under this
AGREEMENT will consist of providing civil engineering services for the categories of
assignments presented in Attachment A, as directed individually by the City by a work
order.
Further, it is understood and agreed that the date of beginning, rate of progress, and the
time of completion of the work to be done hereunder for each assignment are essential
provisions of this AGREEMENT; and it is further understood and agreed that the work
embraced in this AGREEMENT shall commence upon execution of this AGREEMENT and
receipt of Notice to Proceed for each assignment. It is further understood that all reviews
and conceptual designs will be prepared in accordance with the City of Owasso design
criteria and specifications for construction.
B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall
include, but are not limited to the following tasks:
B.1.a) Provide miscellaneous stormwater engineering review of development
projects as directed by the City. The work will include:
B.La) 1. General review of engineering plans for compliance with City
criteria and policies.
B.l.a) 2. If specifically directed by the CITY, to model a proposed
development or other infrastructure project in the applicable
HEC -HMS and HEC -RAS watershed model for the City of
Owasso.
B.Lb) Provide analysis and conceptual design of stormwater or erosion control
improvements, when directed individually by the City. The work will
generally include the following elements:
B.Lb) 1. Preparation of detailed hydrologic and hydraulic models of
PAGE 8 OF 13
localized areas.
B.1.b) 2.
Preparation of conceptual plans to deal with the flooding
problems.
B.Lb) 3.
Prepare of conceptual cost estimates for budget purposes.
B.1.b) 4.
Preparation of a letter report documenting findings.
B.1.1o) 5.
Review of existing city ordinances or preparation of new city
ordinances addressing stormwater or erosion control issues.
PAGE 8 OF 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Responsibilities of the City
Attachment C
RESPONSIBILITIES OF THE CITY. The CITY agrees:
C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the
ENGINEER:
C.1,1 Records, reports, studies, plans, drawings, and other data available in the
files of the CITY that may be useful in the work involved under this
AGREEMENT.
C.1.2 Standard construction drawings and standard specifications.
C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by CITY.
C.2 Access. To assist in providing access to public and private property when required
in performance of ENGINEER's services.
C.3 Staff Assistance. Designate the City Engineer (or another individual designated in
writing) to act as its representative in respect to the work to be performed under this
AGREEMENT, and such person shall have complete authority to transmit
instructions, receive information, interpret and define CITY'S policies and decisions
with respect to materials, equipment, elements and systems pertinent to the services
covered by this AGREEMENT.
C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing
CITY owned utilities and in expediting their relocation as described in
Attachment B. Further, CITY will furnish assistance as required in obtaining
locations of other utilities, including "potholing ".
C.3.2 Furnish legal assistance as required in the preparation of bidding,
construction and other supporting documents.
CA Review. Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by ENGINEER and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services
of ENGINEER.
PAGE 9 OF 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Compensation
Attachment D
COMPENSATION. The CITY agrees to pay, as compensation for services set forth in
Attachment B, the following fees, payable monthly as each Phase of the work progresses;
and within 30 calendar days of receipt of invoice. ENGINEER shall submit monthly
invoices based upon actual hours or work, invoiced according the Rate Schedule provided
in ATTACHMENT E, completed at the time of billing. Invoices shall be accompanied by
such documentation as the CITY may require in substantiation of the amount billed.
D.1 Total Compensation.
D.1.1 For the work under this project the total maximum billing including direct
costs and subconsultant services shall be Sixty -Five Thousand Dollars and no
cents ($65,000.00) which amount shall not be exceeded without further
written authorization by CITY.
D.2 Subconsultants and Other Professional Associates. Services of subcontractors
and other consultants shall be compensated for at actual cost. Use of sub -
consultants shall be authorized in advance by CITY.
D.3 Other Direct Costs.
D.3.1 Travel and subsistence shall be compensated for at actual cost. Local travel
by personal or firm automobile shall be compensated for at the rate currently
allowed by the IRS.
D.3.2 Printing expenses shall be compensated for as shown in ATTACHMENT E.
D.3.3 Any other direct costs shall be compensated for at actual when authorized in
advance by CITY.
DA Additional Services. Unless otherwise provided for in any accepted and
authorized proposal for additional services, such services shall be
compensated for on the same basis as provided for in Attachment D.
D.5 Terminated Services. If this AGREEMENT is terminated, ENGINEER shall
be paid for services performed to the effective date of termination.
D.6 Conditions of Payment.
D.6.1 Payments shall be made based on actual hours worked using the rates in
ATTACHMENT E and expenses incurred as indicated within this
AGREEMENT and shall be due and owing within thirty days of
ENGINEER'S submittal of his progress payment invoices.
PAGE 10 OF 13
D.6.2 If CITY fails to make payments due ENGINEER within sixty days of the
submittal of any progress payment invoice, ENGINEER may, after giving
fifteen days written notice to CITY, suspend services under this
AGREEMENT.
D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the PROJECT are
delayed or suspended for more than ninety days for reasons beyond
ENGINEER'S control, ENGINEER may, after giving fifteen days written
notice to CITY, request renegotiation of compensation.
PAGE 11 OP 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
2015 Billing Rate Sheet
Attachment E
Allowance for Office Work:
8 -1/2 "x14" black /white
Project Principal II
$205 /hour
Project Principal I
$185 /hour
Project Manager
$150 /hour
Senior Project Engineer
$175 11hour
Project Engineer
$100 1hour
Engineer Intern
$80 /hour
Engineering Technician
$70 /hour
CAD Technician
$55 /hour
ROW/ Grant Project Manager
$135 /hour
Planner
$100 11hour
Acquisition /Relocation Agent II
$130 /hour
Acquisition /Relocation Agent I
$85 /hour
Real Estate Trainee
$65 /hour
3 Man Survey Crew
$200 /hour
2 Man Survey Crew
$150 /hour
Survey Crew Chief
$120 1hour
Survey Crew
$50 /hour
GIS Project Principal
$160 /hour
GIS Project Manager
$115 /hour
GIS Specialist 11
$105 /hour
j GIS Specialist I
$85 /hour
GIS Technician
$70 /hour
Clerical II
$80 /hour
Clerical I
$50 /hour
Allowance for Travel:
Total mileage traveled for field and office visits
@ Current IRS rate.
Reproduction costs:
In -house reproduction
8 -1/2 "x11" black/white
$ 0.08 /each
8 -1/2 "x11" color
$ 0.15 /each
8 -1/2 "x14" black /white
$ 0.10 /each
8 -1/2 "x14" color
$ 0.17 1each
11 "x17" black /white
$ 0.20 /each
11"x17" color
$ 0.35 /each
Black and White Plots
$ 2.00 1each
Color Plot
$ 5.00 1each
Mylars
$ 5.00 /each
USB Flash Drive
$10.00 /each
Per Diem — Meals
$46.00 /day
Per Diem — Lodging
$83.00 /day
Outside reproduction
Cost plus 5%
Miscellaneous expenses and fees:
Cost plus 5%
PAGE 12 OF 13
AGREEMENT FOR ENGINEERING SERVICES
FOR THE CITY OF OWASSO, OK
MISCELLANEOUS STORMWATER AND EROSION CONTROL ENGINEERING PROJECTS
Schedule
Attachment F
F. SCHEDULE. The schedule for engineering services for the fiscal year 2015 -2016
PROJECT is provided as follows:
F.1. Notice to Proceed: July 1, 2015 (or when Agreement is fully executed)
F.2. Contract Expiration: June 30, 2016
F.3. Project reviews shall be completed in 10 working days by ENGINEER
FA. Schedule for other assignments to be established at the time assignment is
made to ENGINEER.
PAGE 13 OF 13
sd
T out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: John W. Feary
Government Affairs & Special Projects
SUBJECT: New City Hall Renovation Project Re -bid for
Storefront Glass & Glazing Award and Assignment
DATE: August 14, 2015
BACKGROUND:
The City of Owasso recently awarded several contracts to various vendors for remodeling the
building located at 102 West 2nd Street for the purpose of a new city hall facility. Of the 26 bid
items on the original bid set, 22 items received bids at the bid opening and three (3) subsequent
items received bids in amounts within the City Manager's spending authority. The fourth (4th) and
final item, Storefront Glass and Glazing, was re -bid in accordance with the State Competitive Bid
Act of 1974. The item before you this evening is the awarding of that fourth (4th) item.
Notice to bidders was published for two (2) consecutive weeks and a public bid opening was
held on Tuesday, August 11 at 2:00 pm at the Owasso City Hall. One (1) bid was received from
Apax Glass of Tulsa, OK in the amount of $89,681. The amount originally budgeted for this bid
item was approximately $83,000 and the overage can be absorbed in the project allowance. As
with the previous contracts related to this project, if the contract is awarded it should
simultaneously and by separate action, be assigned to Nabholz for construction management
purposes for the duration of the project. The contract with Nabholz does not require being
amended as the funding for this scope of work was included in the "not -to- exceed" contract
amount with Nabholz.
FUNDING:
Funding for this project is available through the Capital Improvement Fund and has been
budgeted in the existing construction management contract with Nabholz Construction of Tulsa,
OK.
RECOMMENDATION #1:
Staff recommends City Council award of the City Hall Renovation Project, Storefront Glass and
Glazing re -bid to Apax Glass of Tulsa, OK in the amount of $89,681.
RECOMMENDATION #2:
Staff recommends assignment of the contract with Apax Glass of Tulsa, OK to Nabholz
Construction of Tulsa, OK for the duration of the renovation project.
ATTACHMENT:
Bid Sheet
Owasso City Hall Bid Day Review 6- 29- 15.xlsx
8/1212015
Apparent Low Bidder $83,000
Budget $84,520
Variance $1,520
Storefront Glass & Glazing
Budget
Allowance
Apex Glass, Inc.
Base Bid
$84520
$83000
$88681
0
Bond Lump Sum inct. in Base Bid
2
U
X
Bid to Budget Variance
($1,520)
$5,161
($84,520)
($84,520)
($84,520)
($84,520)
Rank
N/A
t
2
Percent from low bidder
N/A
0%
e%
All. #1 - Community Room Casework
Alt. #2 -Window Blinds
Alt. #3 - Acoustical Panels and Tackable Panels
All #4 - New Vented Plaster Soft Panels
Alt #5 - Acoustical Ceiling Panels
Alt N. Graphic Film at Full Height Windows
W
Alt #7 -VCT Tile
Q
At[ 48 - Demountable Walls
2
K
Alt #10 -HVAC Management S stem
W
J
Alt #12 - LED Lighting
Q
Alt #13- Lightning Protection
All #14 - Roof Top Unit Analysis
Alt #15 - Addendum 92 work at room 228
Alt #16 - Addendum 04 -Re lace 211 ht poles
Addendum #1
Y
Q
W
Addendum #2
Addendum #3
Y
Y
M
Addendum #4
Y
Q
Z
2
U
K
a
F
Z
7
Fully executed Pro oral Form
Y
FN-
Business Relalionshi
Y
QCompetitive
Bid & Contract Affidavit
Y
O
LL
Felony &Sex Offender Affidavit
Y
LL
Q
Bid Bond
V
Apparent Low Bidder $83,000
Budget $84,520
Variance $1,520
nTity Wit out Limits.
TO: The Honorable Mayor and City Council
Owasso City Council
The Honorable Chair and Trustee
Owasso Public Works Authority
FROM: Linda Jones
Finance Director
SUBJECT: Utility Rate Increase
DATE: August 14, 2015
BACKGROUND:
The Owasso Public Works Authority purchases treated water from the City of Tulsa. On March 31,
2015, the City of Tulsa notified Owasso of a water rate increase effective October 1, 2015. Rates
for water purchased by the OPWA from the City of Tulsa will increase by 7% from $3.17 to $3.39
per 1,000 gallons. Tulsa water is delivered to Owasso through three master meters. The monthly
meter charge will also increase by 7% from $481.56 to $515.27 for a monthly meter fee increase
of $33.71.
In order for the City to recover increased costs of both water and labor, staff proposes a rate
increase of forty -four cents per thousand gallons of water usage to customers inside the city
limits plus the respective monthly increase based on the size of meter effective October 1, 2015.
Staff further proposes that rates for customers outside the city limits continue to be 207o more
than rates for customers within the city limits in accordance with the previous OPWA resolution
establishing the different rate structures for customers outside the city limits.
The proposed minimum volume charge per 1,000 gallons of water usage would increase from
$5.02 to $5.46 for customers inside the city. The monthly cost of the proposed rate increase to a
city customer who uses 7,000 gallons of water with a 3/4" meter would be $3.08 per month or $37
per year, or 8.8 %. The proposed increase for rural customers using 7,000 gallons per month
would be $3.70 or $44 per year.
The Owasso Public Works Authority also provides sewer treatment for the City of Owasso. While
the cost of providing service has increased annually, the rates charged to customers have not
increased since 2012. As a result, the City of Owasso averaged a $338,000 (10 %) net operating
loss over the past three years on an accrual basis.
In order for the City to recover increased costs, staff proposes a fifty -cent monthly sewer base
increase plus an additional thirty cents per thousand gallons effective October 1, 2015.
The proposed average increase to residential sewer customers would be $2 per month or $24
per year. The rate increase is estimated to generate an additional $250,000 annually.
Rate changes require the approval of the Owasso City Council and the Owasso Public Works
Authority by City Ordinance and Trustee Resolution.
RECOMMENDATION:
Staff recommends City Council approval of Ordinance 1058 establishing the water, sewer, and
metered fire hydrant rates to be effective October 1, 2015.
Staff recommends Trustee approval of Resolution No. 2015 -03 establishing the water and sewer
rates and the rates and fees for metered fire hydrant usage.
ATTACHMENTS:
Ordinance 1058
Resolution 2015 -03
Letter from City of Tulsa
ORDINANCE 1058
CITY OF OWASSO, OKLAHOMA
AN ORDINANCE ADOPTING AND APPROVING WATER SERVICE RATES WITHIN AND
WITHOUT THE CORPORATE LIMITS OF THE CITY OF OWASSO, AND SANITARY SEWER
SERVICE RATES, AND ESTABLISHING METERED FIRE HYDRANT RATES AND FEES, AND
ESTABLISHING AN EFFECTIVE DATE AND DIRECTING CODIFICATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
SECTION ONE:
The water rates hereinafter set forth are hereby adopted, approved and directed to be
implemented by the Owasso Public Works Authority, on Oklahoma Public Trust having the
City of Owasso, Oklahoma as its beneficiary.
SECTION TWO:
The provisions of the City of Owasso Code of Ordinances, referenced as Part 17, Utilities,
Chapter 1, Water, Sewer and Sanitation Systems, Section 17 -109, Water Rates, and Section
17-110, Sewer Rates, shall be amended as follows:
Section 17 -109 WATER RATES
A. There are hereby established the following uniform rates for the Minimum Meter Charge
for each Meter Size and the Tier Rates for the volume of water delivered during each
calendar month at each connection to the water system serving one household or
business as shown by the water meter at such connection; provided that, regardless of
amount of water metered, the monthly charge for water for each connection shall not
be less than the "minimum meter charge' set forth:
Meter Size
-
Minimum Meter Char a for First 1,000 -gall ons
Users Inside the
Corporate Limits
Users Outside the
Corporate Limits
3/4"
$11.94
$14,33
1 "
$12.84
$15.41
1 1A -
$14.84
$17.81
2"
$15.84
$19.01
3"
$30.84
$37.01
4"
35.84
$43.01
6"
50.84
61.01
Hydrant
$75.00
NA
Usage Tier Rates
Volume Rate er 1,000 gallons
Users Inside the
Corporate Limits
Users Outside the
Corporate Limits
First 1,000 gallons
Minimum Meter Charge
Minimum Meter Charge
2,000 gallons
5.46
6.55
3,000 - 5,000 gallons
5,51
6,000 - 10,000 gallons
$5.56
6.67
11,000 — 20,000 gallons
$5.60
$6.72
21,000 gallons or more
5.65
$6.78
B. There are hereby established the following uniform rates, fees and stipulations for
metered fire hydrant water usage:
• Deposit per meter of $750,00
• Minimum Meter Charge of $75.00
• Non- refundable service initiation fee of $10.00
• Water usage rate based on aforementioned tiered rate system
• Penalty for failure to report meter readings by the tenth (10th) day of
each month of $25.00
SECTION THREE:
The sanitary sewer rates hereinafter set forth are hereby adopted, approved and directed
to be implemented by the Owasso Public Works Authority, an Oklahoma Public Trust having
the City of Owasso, Oklahoma as its beneficiary.
Section 17 -110 SEWER RATES
A. All users of the municipally -owned wastewater treatment system shall be charged a
minimum of $7.47 per month, plus a charge of $3.25 per 1,000 gallons of wastewater
flow effective 10/01/2015. For all single - family users, wastewater flow shall be
determined indirectly by measuring the quantity of water received by the user during
three (3) winter months as described below. For users other than single - family
residential, wastewater flow may be determined by measuring the quantity of water
received each month or by the indirect method. In the case of users not on a metered
basis, the utility superintendent shall establish an estimated water consumption based
on a comparison of non - metered use with a metered user of a similar class. Example: A
non- metered family of four compared to a typical family of four with a water meter to
establish water consumption.
SECTION FOUR:
The City of Owasso Code of Ordinances is hereby amended by Part 17, Utilities, Chapter 1
Water, Sewer and Sanitation Systems, Sections 17 -109, Water Rates, and 17 -110, Sewer
Rates.
SECTION FIVE: CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by Part 17, Utilities, Chapter 1
Water, Sewer and Sanitation Systems, Section 17-110 Sewer Rates.
2
SECTION SIX: REPEALER
All ordinances or parts of ordinances, in conflict with this ordinance are repealed to the
extent of the conflict only.
SECTION SEVEN: SEVERABILITY
If any part or parts of this ordinance are held invalid or ineffective, the remaining portion
shall not be affected but remain in full force and effect.
SECTION EIGHT: DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
PASSED, ADOPTED AND APPROVED THIS 18th DAY OF AUGUST, 2015.
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
3
CITY OF OWASSO
Jeri Moberly, Mayor
OWASSO PUBLIC WORKS AUTHORITY
RESOLUTION 2015 -03
A RESOLUTION OF THE OWASSO PUBLIC WORKS AUTHORITY ESTABLISHING WATER
SERVICE RATES WITHIN AND WITHOUT THE CORPORATE LIMITS OF THE CITY OF
OWASSO, SANITARY SEWER SERVICE RATES, AND METERED FIRE HYDRANT RATES AND
FEES, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, The Owasso Public Works Authority desires to establish the following rates for the
provision of water service effective October 1, 2015:
Usage Tier Rates
Minimum Meter Char a for First 1,000 gallons
Meter Size
Users Inside the
Corporate Limits
Users Outside the
Corporate Limits
3/4"
$11.94
$14.33
1"
12.84
$15.41
1 Y2 "
14.84
$17.81
2"
$15.84
$19.01
3"
$30.84
$37.01
4"
$35.84
$43.01
6"
$50.84
$61.01
Hydrant
$75.00
NA
Usage Tier Rates
Volume Rate er 1,000 gallons
Users Inside the
Corporate Limits
Users Outside the
Corporate Limits
First 1,000 gallons
Minimum Meter Charge
Minimum Meter Charge
2,000 gallons
$5.46
$6.55
3,000 -5,000 gallons
$5.51
$6.61
6,000 - 10,000 gallons
$5.56
$6.67
11,000 - 20,000 gallons
$5.60
$6.72
21,000 gallons or more
$5.65
$6.78
WHEREAS, The Owasso Public Works Authority desires to establish the following rates for the
provision of sewer service effective October 1, 2015:
Sewer Fee
Base Fee Volume Rate Per 1,000 Gallons
$7.47 $3.25
WHEREAS, The Owasso Public Works Authority desires to establish the following rates, fees
and stipulations for metered fire hydrant water usage:
• Deposit per meter of $750.00
• Minimum Meter Charge of $75.00
• Non - refundable service initiation fee of $10.00
• Water usage rate based on aforementioned tiered rate system
• Penalty for failure to report meter readings by the tenth (10th) day of
each month of $25.00
NOW, THEREFORE, BE IT RESOLVED BY THE TRUSTEES OF THE OWASSO PUBLIC WORKS
AUTHORITY, THAT:
Section One: From and after the effective date of this Resolution (as hereinafter set forth),
the charge by the Authority for water service, sewer service, and metered
fire hydrant usage shall be adjusted in accordance with the above -
referenced recital paragraphs in accordance with authority established by
Part 17, Chapter 1 of the City of Owasso, Code of Ordinances.
Section Two: The water rates, sewer rates, and metered fire hydrant rates and fees
established pursuant to the Resolution shall become effective with the first
utility billing cycle in October, 2015.
PASSED, ADOPTED AND APPROVED THIS 18th DAY OF AUGUST, 2015.
ATTEST:
Sherry Bishop, Authority Secretary
APPROVED AS TO FORM:
Julie Lombardi, Authority Attorney
2
OWASSO PUBLIC WORK AUTHORITY
Jeri Moberly, Chair
Clayton Edward:
WATER AND SEWER
s� w • • -
March 31, 2015
Mr. Roger Stevens, Public Works Director
City of Owasso
PO Box 180
Owasso, OK 74055.0180
RE: Fiscal Year 2015 -2016 Tulsa Wholesale Water Rates
Dear Mr. Stevens:
The City of Tulsa and Tulsa Metropolitan Utility Authority (TMUA) endeavor to ensun
accurate communications With the, communities to which we supply water, including I
Review and refinement of the Water Department's FY 15 -16 operating and capital bt
but the budgets currently under consideration by TMUA anticipate the proposed Incr
Cost of service by customer class, and charges for base service "'Tratdc"ate!
The final percentages may: nge, but the total monthly p
cha nt increase will not be
proposal below. When approved, the new rates will b fective October 1, 2015. TI
you sufficient notice to plan for the rate changes In y ur next budget cycle. The curn
proposed increase for FY 2015 -2016 follow. The cu ent rates- el l"pesed-inerew-
are shown in the table below.
Monthly Service Charoe / Volume Charge
ear, timely and
City of Owasso.
ate is urjderway,
e cited below.;
e.being'reylewed.
rr 3 tn'a the
letter is . give
rates d
r Y 2015 -2616
Meter Size
Current Rates
Proposed FY
Propose i FY
Effective
2016-2016%
2015.20 6
1010112014
Chan a
Rates
$ 7.31
7.0
$ 7.8
1"
$ 9.11
7.0
$ 9.7
1'„
$ 10.88
7.0
2"
$ 15.89
7.0
$ 17.0
3"
$ 46.28
7.0
$ 49.5
4"
$ 64.42
7.0
$ 68.9
6"
$ 100.42
7.0
$ 107:4
$139.95
7.0
$ 149.7
100 " $190.57 7.0
$ 201911
Volume Char a per 1,000 gallons
Permanent Service
$ 3.17
7.0
Limited Term Service
$ 5.63
7.0
$ s.tl
Emergency Service
$ 10.24
7.0
$ 10.9isle.
i
A listing of your active meters and accounts is attached. We will inform you once the rates and the fisd.al
year 2016 budgets are approved. I can be reached at 918- 596 -7810 should you have ahy questions, it
contact Utilities Services Manager Mark Weathers at 918- 596 -9550.
Best Regards,
CI o TULSA WATER AND SEWER DEPARTMENT
Clayton Edwards, P.E., Director
Attachment
CITY HALL AT ONE TECHNOLOGY CENTER
175 E. 2nd Street; Suite 885, Tulsa, OK 74103 Office (918) 596. 9550
Email: mweathers@cityoftutsa.org
www.cltyoffulsa.org
i
Fax 918- 699 -¢358
i
i
I
nT!#)W, 62. Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Michele Dempster
Human Resources Director
SUBJECT: OkMRF Ordinance 1057
DATE: August 11, 2015
BACKGROUND:
Oklahoma Municipal Retirement Fund (OkMRF), the retirement plan for non - police and fire
employees, requires the City Council acting as the OkMRF Retirement Committee to approve
plan updates and amendments.
Last April the Council approved Resolution 2015 -07 approving an Amended and Restated
OkMRF Trust Indenture. In excess of the required 2/3 of participating cities approved the
changes to the Trust Indenture, allowing OkMRF to proceed with Master Plan and Joinder
Agreement changes necessary to implement daily valuations for the Defined Contribution plan.
Proposed Ordinance 1057 incorporates these changes into Owasso's Master Plan document
and Joinder Agreement.
Approval of Ordinance 1057 provides the following changes /plan enhancements to employees
• Separation of Defined Contribution fund investments from Defined Benefits fund
investments, for daily investment and valuation versus monthly investment and
valuation, as well as more frequent liquidation of funds
• Recording of accruals and balances as units or dollars
• Allows for plan participants to request and be charged for specialized services, i.e.
loans, investment advice, brokerage fees, etc.
• Modifies language to add securities or investments permissible under applicable law
• IRS required language changes /updates to maintain the plan documents in
compliance
RECOMMENDATION
Staff recommends approval of Ordinance 1057, amending the Oklahoma Municipal Retirement
Fund Joinder Agreement and the Oklahoma Municipal Retirement Master Defined Contribution
Plan document.
ATTACHMENTS:
Ordinance 1057
OkMRF Master Defined Contribution Plan Joinder Agreement
OkMRF Master Defined Contribution Plan
Summary of Changes
CITY OF OWASSO
ORDINANCE 1057
AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED
CONTRIBUTION PLAN FOR THE CITY OF OWASSO, OKLAHOMA BY ADOPTING A
REVISED AND RESTATED RETIREMENT PLAN; PROVIDING RETIREMENT BENEFITS FOR
ELIGIBLE EMPLOYEES OF THE CITY OF OWASSO, OKLAHOMA; PROVIDING FOR
PURPOSE AND ORGANIZATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR
ELIGIBILITY AND PARTICIPATION; PROVIDING FOR NON - ALIENATION OF BENEFITS;
LOSS OF BENEFITS FOR CAUSE AND LIMITATIONS OF BENEFITS; PROVIDING FOR
EMPLOYER AND EMPLOYEE CONTRIBUTIONS; PROVIDING FOR ACCOUNTING,
ALLOCATION, AND VALUATION; PROVIDING BENEFITS; PROVIDING FOR REQUIRED
NOTICE; PROVIDING FOR AMENDMENTS AND TERMINATION; PROVIDING FOR
TRANSFER TO AND FROM OTHER PLANS; CREATING A RETIREMENT COMMITTEE AND
PROVIDING FOR POWERS, DUTIES, AND RIGHTS OF RETIREMENT COMMITTEE;
PROVIDING FOR PAYMENT OF CERTAIN OBLIGATIONS; PROVIDING FOR DURATION
AND PAYMENT OF EXPENSES; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR
VESTING SCHEDULES; PROVIDING FOR A FUND TO FINANCE THE SYSTEM TO BE
POOLED WITH OTHER INCORPORATED CITIES, TOWNS AND THEIR AGENCIES AND
INSTRUMENTALITIES FOR PURPOSES OF ADMINISTRATION, MANAGEMENT, AND
INVESTMENT AS PART OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND;
PROVIDING FOR PAYMENT OF ALL CONTRIBUTIONS UNDER THE SYSTEM TO THE
OKLAHOMA MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND INVESTMENT;
PROVIDING FOR REPEALER AND SEVERABILITY; ADOPTING THOSE AMENDMENTS
MANDATED BY THE INTERNAL REVENUE CODE.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT TO WIT:
Section 1. That pursuant to the authority conferred by the laws of the State of
Oklahoma, and for the purpose of encouraging continuity and meritorious service on the part of
City employees and thereby promote public efficiency, there is hereby authorized created,
established, and approved and adopted, effective as of October 1, 2015, the amended and
restated Plan designated "Employee Retirement System of the City of Owasso, Oklahoma,
Defined Contribution Plan," (hereinafter called System), an executed counterpart of which is
marked Exhibit "A" (Joinder Agreement) and Exhibit 'B" (amended and restated plan) and
attached hereto as part hereof.
Section 2. FUND. A fund is hereby provided for the exclusive use and benefit of the
persons entitled to benefits under the System. All contributions to such fund shall be paid over to
and received in trust for such purpose by the City. Such Fund shall be pooled for purposes of
management and investment with similar funds of other incorporated cities, towns, and
municipal trusts in the State of Oklahoma as a part of the Oklahoma Municipal Retirement Fund
in accordance with the trust agreement of the Oklahoma Municipal Retirement Fund, a public
trust. The City shall hold such contributions in the form received, and from time to time pay over
and transfer the same to the Oklahoma Municipal Retirement Fund, as duly authorized and
directed by the Board of Trustees. The Fund shall be nonfiscal and shall not be considered in
computing any levy when the annual estimate is made to the County Excise Board.
Section 3. APPROPRIATIONS. The City of Owasso, Oklahoma, is hereby authorized to
incur the necessary expenses for the establishment, operation, and administration of the System,
and to appropriate and pay the same. In addition, the City of Owasso, Oklahoma, is hereby
authorized to appropriate annually such amounts as are required in addition to employee
contributions to maintain the System and the Fund in accordance with the provisions of the
Defined Contribution Plan. Any appropriation so made to maintain the System and Fund shall
be for deferred wages or salaries, and for the payment of necessary expenses of operation and
administration to be transferred to the trustees of the Oklahoma Municipal Retirement Fund for
such purposes and shall be paid into the Fund when available, to be duly transferred to the
Oklahoma Municipal Retirement Fund.
Section 4. EXECUTION. The Mayor and City Clerk be and they are each hereby
authorized and directed to execute (in counterparts, each of which shall constitute an original)
the System instrument, and to do all other acts and things necessary, advisable, and proper to
put said System and related trust into full force and effect, and to make such changes therein as
may be necessary to qualify the same under Sections 401 (a) and 501(a) of the Internal Revenue
Code of the United States. The counterpart attached hereto as Exhibit "A" and Exhibit "B ",
which has been duly executed as aforesaid simultaneously with the passage of this Ordinance
and made a part hereof, is hereby ratified and confirmed in all respects.
This Committee is hereby authorized and directed to proceed immediately on behalf of
the City of Owasso, Oklahoma, to pool and combine the Fund into the Oklahoma Municipal
Retirement Fund as a part thereof, with similar funds of such other cities and towns, for purposes
of pooled management and investment.
Section 5. REPEALER. Any Ordinance inconsistent with the terms and provisions of this
Ordinance is hereby repealed, provided, however, that such repeal shall be only to the extent
of such inconsistency and in all other respects this Ordinance shall be cumulative of other
ordinances regulating and governing the subject matter covered by this Ordinance.
Section 6. SEVERABILITY. If, regardless of cause, any section, subsection, paragraph,
sentence or clause of this Ordinance, including the System as set forth in Exhibit "A" and Exhibit
"B ", is held invalid or to be unconstitutional, the remaining sections, subsections, paragraphs,
sentences, or clauses shall continue in full force and effect and shall be construed thereafter as
being the entire provisions of this Ordinance.
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED AS TO FORM:
Julie Lombardi, City Attorney
PASSED AND APPROVED this 18th day of August, 2015.
Jeri Moberly, Mayor
Exhibit A
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED CONTRIBUTION PLAN
JOINDER AGREEMENT
City of Owasso, a city, town, agency, instrumentality, or public trust located in the Slate of Oklahoma, with
its principal office at Owasso, hereby establishes a Defined Contribution Plan to be known as (Sty of
Owasso Plan (the "Plan") in the fonn of the Oklahoma Municipal Retirement Fund Master Defined
Contribution Plan.
Except as otherwise provided herein, the definitions in Article II of the Plan apply.
1. Dates.
[ ] This instrument is a new Plan effective _ (date may not be prior to Plan Year of the date of
execution).
[ X ] This instrument is an amendment, restatement and continuation of the Previous Plan, which was
originally effective July 1.1992. The effective date of this Joinder Agreement is October 1, 2015
(date may not be prior to Plan Year of the date of execution), except as otherwise stated in the Plan
and the Joinder Agreement
2. Employee.
The word "Employee" shall mean:
[ X ] Any person, other than a Leased Employee, who, on or after the Effective Date, is considered to be
a regular full -time employee in accordance with the Employer's standard personnel policies and .
practices, and is receiving remuneration for such services rendered to the Employer (including any
elected official and any appointed officer or employee of any department of the Employer, whether
governmental or proprietary in nature), including persons on Authorized Leave of Absence.
Employees shall not include independent contractors. Elected members of the City Council shall
not be considered to be Employees solely by reason of their holding such office.
[ ] Any person, other than a Leased Employee, who, on or after the Effective Date, is considered to be
a regular employee in accordance with the Employer's standard personnel policies and practices
(including part -time, seasonal and temporary employees), and is receiving remuneration for such
services rendered to the Employer (including any elected official and any appointed officer or
employee of any department of the Employer, whether governmental or proprietary in nature),
including persons on Authorized Leave of Absence. Employees shall not include independent
contractors. Elected members of the City Council shall not be considered to be Employees solely
by reason of their holding such office.
[ ] Any person who, [ ] on or after the Effective Date, [ ] as of , holds the position of:
[ j City Manager, City or Town Administrator, President, Chief Executive Officer, General
Manager, or District Manager, as applicable.
[ ] Assistant City Manager [ ] Chief of Police [ ] Fire Chief
[ j Department Head or Department Manager
[ ] .Finance Director or Chief Financial Officer
[ ] General Counsel or Municipal Attorney (] Municipal Judge
[ ] (specify position)
The word "Employee" shall not include:
[ ] Any person who is currently accruing benefits under any other state or local retirement system.
[ ] Any person in the following position and who is covered under another retirement program or
system approved by the City:
[ ] City Manager, City or Town Administrator, President, Chief Executive Officer, General
Manager, or District Manager, as applicable.
[ ] Assistant City Manager [ ] Chief of Police [ ] Fire Chief
[ ] Department Head or Department Manager
[ ] Finance Director or Chief Financial Officer
[ ] General Counsel or Municipal Attorney [ ] Municipal Judge
[ ] (specify position)
[ ] Any person who.
3. Entry Date,
Eligible Employees shall commence participation in the Plan: (Select only one)
(} months (any number of months up to twelve) after the later of the Employee's Employment
Commencement Date or the date the definition of Employee in Section 2 hereof was met, provided
that the individual has met the definition of Employee in Section 2 hereof throughout such period.
[ X ] On the Employee's Employment Commencement Date. (If the Employer has opted out of
Old Age and Disability Insurance (OADI), this option must be elected).
4. Definition of Compensation.
Compensation shall exclude the items) listed below:
[ ) No exclusions.
[ X ] Overtime pay.
[ X ] Bonuses.
( X ] Commissions.
[ ] Longevity Pay.
[ X ] Severance pay.
[ X ] Fringe benefits, expense reimbursements, deferred compensation and welfare benefits.
[ X J Accrued vacation or sick leave paid upon termination of employment and moving expenses.
[ ] Other:
S. Plan Design.
The Employer hereby elects the following Plan design:
[ ] Pick -up Option. Each Employee shall be required to contribute to the Plan _% of his or her
Compensation. These contributions shall be picked up and assumed by the Employer and paid to
the Fund in lieu of contributions by the Participant. No Participant shall have the option of
receiving the contributed amounts directly as Compensation.
[XI Thrift Plan Option.
[XI A Participant may elect to contribute to the Plan for each Valuation Period an amount which
is at least 1 %, but no more than 2.00% of his Compensation ( "Mandatory Contributions ").
Mandatory Contributions shall be made by payroll deductions. A Participant shall authorize:
such deductions in writing on forms approved by, and filed with the Committee.
[ X ] The Employer shall contribute to the Fund an amount equal to So % of the total Mandatory
Contributions contributed by Participants.
The Employer contribution shall be allocated in the proportion which the Mandatory Contributions
of each such Participant for such Valuation Period bear to the total Mandatory Contributions
contributed by all such Participants for such Valuation Period. Forfeitures attributable to Employer
contributions under the Thrift Plan Option of this Section 5 shall be used to reduce Employer
contributions under such Option.
(] Fixed Option. The Employer shall contribute to the Fund an amount equal to % of Ilse total
covered Compensation of all Participants for the Valuation Period. The Employer contribution
shall be allocated in the proportion which the Compensation of each such Participant for such
Valuation Period bears to the Compensation paid to all such Participants for such Valuation Period.
(] Variable Option.
[ ] The Employer intends to make a contribution to the Plan for the benefit of the Participants
for each Valuation Period. The contribution may be varied from year to year by the
Employer. (Select one option below)
[ ] Option A• The Employer contribution shall be allocated in the proportion that each
such Participants total points awarded bear to the total points awarded to all
Participants with respect to such year. A Participant shall be awarded one point for
each Year of Service.
[ ]
Option B: The Employer contribution shall be allocated in the proportion which the
Compensation of each such Participant for such Valuation Period bears to the
Compensation paid to all such Participants for such Valuation Period.
[ ]
Option C: A combination of Options A and Bin the following ratios: _% for
Option A, and _% for Option B.
Exhibit A Page 2
[ ] 401(k) Option.
(This Option available only if elected prior to May 1, 1986)
[ ] Participant Deferral Elections shall be allowed under the provisions of Section 4.8 of the
Plan. Participants shall be allowed to defer no more than Yo of their Compensation for each
election period.
] Section 4.8(d) of the Plan ("Roth Elective Deferrals ") shall apply to contributions after_
(enter a date later than January 1, 2006, but not earlier than the date the Roth option was
initially adopted), and the Plan will accept a direct rollover from another Roth elective
deferral account under an applicable retirement plan as described in Code Section
402A(e)(1).
[ ] Matching Contribution Option. The Employer shall contribute to the Fund an amount equal to
of the Participant's contributions under the Employer's Section 457(b) Deferred
Compensation Plan. The Employer matching contribution shall be limited to �% of the
Participant's Compensation. Forfeitures attributable to Employer matching contributions under.
this Matching Contribution Option of Section 5 shall be used to reduce Employer matching
contributions under such Option.
[ ] No Employer Contribution Option.
6. Other Participant Contribution Options.
[ X ] Voluntary Nondeductible Contributions by Participants shall be allowed under the
provisions of Section 4.4 of the Plan. Notwithstanding anything to the contrary herein and in
the related Oklahoma Municipal Retirement Fund Master Defined Contribution Plan, a
Participant may not withdraw Voluntary Nondeductible Contributions if he has requested
a participant loan or has an established Loan Account.
{ ] A Participant may not withdraw Voluntary Nondeductible Contributions.
[ ] Participants shall not contribute to the Plan.
7, Self- Directed Investments.
( X ] Are permitted.
[ ] Are not permitted.
8. Allocation of Forfeitures Available.
Forfeitures of Employer contributions attributable to the Fixed Option or Variable Option under Section
5 hereof.
( ] Shall be added to Employer contribution under such Option.
[ X ] Shall reduce the Employer contribution under such Option.
9. Service for Worker's Compensation Period.
If a Participant is on an Authorized Leave of Absence and is receiving worker's compensation during
such Authorized Leave of Absence, such Participant
[ X ] shall be credited with Service for such period for purposes of vesting only and not for purposes of
allocations of Employer Contributions.
[ ] shall not be credited with Service for such period. g
r
Exhibit A Page 3
10. Vesting.
For purposes of vesting under Section 6.4 of the Plan, the Employer hereby elects the following Option:
[ ] Option A
Years of Service
less than 1
at least I but less than 2
at least 2 but less than 3
at least 3 but less than 4
at least 4 but less than 5
at least 5 but less than 6
at least 6 but less than 7
at least 7 but less than 8
at least 8 but less than 9
at least 9 but less than 10
10 or more
[ ] Option C
Years of Service
less than 5
at least 5 but less than 6
at least 6 but less than 7
at least 7 but tens than 8
at least 8 but less than 9
at least 9 but less that 10
10 or more
Vested
Percenla_oe.
0%
10%
20%
30%
40%
50%
60%
70 %
80%
90 %
100 %
Vested
Percentage
0%
50%
60%
70%
80%
90%
100%
Forfeited
P�roepaze
100%
90%
80%
70%
60%
50%
40%
30%
20%
10 %
0%
Forfeited
Percentage
100%
50%
40%
30 %
20%
10%
0%
[ ] Option B
Years of Service
Less than 3
at least 3 but less than 4
at least 4 but less than 5
at least 5 but less than 6
at least 6 but less than 7
7 or more
[ ] Option D
Years of Service
Immediate 1007o Vesting
Vested
Percervul
0%
20%
40%
60%
80%
100%
Vested
Percentage
100%
Forfeited
Permnta-e
100%
80 %u
60 %n
40%
20%
0%
Forfeited
Pereenla.e
0%
[ X ] Option E
The Schedule indicated below (dte sum of the Vested Percentage and Forfeited Percentage at each Year of Service must equal
100 %) the vesting schedule must beat least as favorable as one of the safe harbor pre -ERISA schedules. The safe harbor vesting
schedules are:
a. 15 -Year cliff vesting schedule: The plan provides that a participant is fully vested after 15 years of credifebleservice
(service can be based on years of employment, years of participation, or other creditable years of service).
b. 20 -year graded vesi ngschedule: The plan provides that a participant is fully vested based on a graded vesting
schedule of to 20 years of creditable service (service can be based on years of employment, years of participation, or
other creditable years of service).
c. 20 -year cliff vesting schedule for qualified public safety employees: The plan provides that a participant is fully vested
after 20 years of creditable service (service can be based on years of employment, years of participation, or other
creditable years of service). This safe harbor would be available only with respect to the vesting schedule applicable
to a group in which substantially all of the participants are qualified public safety employees (within the meaning of
Section 72(t)(10)(B)).
Vested Forfeited
Years of Service Percentage Percentage -
less than 1 0 100 %
at least 1 but less than 2 0% l00%
at least 2 but less than 3 40% 60%
at least 3 but less than 4 60% 40%
at least 4 but less than 5 80% 20%
at least .5 but less than 6 100% 0%
at least 6 but less than 7 % %
at least 7 but less than 8 % %
at least 8 but less than 9 % %
at least 9 but less than 10 % %
10 or more % %
[ ] Option F
To comply with the Internal Revenue Service Regulations promulgated pursuant to the Code
Section 3121(b)(7)(F), Participants who are part -time, seasonal or temporary Employees will have
immediate vesting.
Exhibit A Page 4
(If this Option F is elected, one of the other Options above must also be elected for Participants
who are not part -time, seasonal or temporary Employees).
11. Participant Loans.
[ X ] Participant loans shall be offered pursuant to Section 6.14 of the Plan. Provided, however,
notwithstanding the provisions in Section 6.14(a) of the Oklahoma Municipal Retirement
Fund Master Defined Contribution Plan, at such time as it is determined that a Participant
is to receive a loan from the Plan, the loan shall be made from the Participant's applicable
Account in the order and precedence indicated hereafter and such amount shall be
deemed to be credited to the Participant's Loan Account with a corresponding debit to
occur to his Account as of the first day of the month in which such loan occurs: (i) an
Account holding Employer contributions, including "rollover contributions" (other than
Deferred Compensation Contributions, if applicable); (ii) an Account holding Deferred
Compensation Contributions, if applicable; (iii) an account holding Participant
Mandatory Employee contributions; (iv) an account holding Participant Nondeductible
contributions and (v) an Account holding contributions picked up and assumed by the
Employer pursuant to Section 4.7 of this Plan.
(] Participant loans shall not be offered.
12. Direct Transfer to Other Retirement Plan.
[ X ] Direct transfer of a Participant's accounts to another defined contribution plan sponsored by the
Employer is not permitted..
[ ] The Accounts of any Participant who (i) is 100% vested in his Accounts in this Plan; (ii) has
ceased to be eligible for participation in this Plan; and (iii) who becomes eligible for participation
in another defined contribution retirement plan sponsored by the Employer (the "Other Retirement
Plan "), shall be directly transferred to the Other Retirement Plan as soon as practicable after the
Plan Administrator provides written direction to the Trustee to such effect in a form acceptable to
the Trustee.
13. Valuation Date. Except with respect to any Special Valuation Dale determined in accordance with
Section 5.10, the Valuation Date for the Plan shall be:
[ ] Monthly: Midnight on the last work day of the calendar month.
[ ] Weekly: Midnight on the last work day of the calendar week.
[X] Daily: Beginning effective on the first date reasonably available to the Oklahoma
Municipal Retirement Fund, on each business day of the Plan Year for which Plan assets
are valued on an established market.
Exhibit A Page 5
14. The Employer has consulted with and been advised by its attorney concerning the meaning of the
provisions of the Plan and the effect of entry into the Plan.
IN WITNESS WHEREOF the City of Owasso has caused its corporate seal to be affixed hereto and this
instrument to be duly executed in its name and behalf by its duly authorized officers this day of
Attest:
(SEAL)
City of Owasso
I5. The foregoing Joinder Agreement is hereby approved by the Oklahoma Municipal Retirement Fund this
day of ,
Attest:
OKLAHOMA MUNICIPAL RETIREMENT FUND
Secretary
(SEAT.,)
Required Disclosures, This Joinder Agreement is to be used only with the Oklahoma Municipal
Retirement Fund Master Defined Contribution Plan. Failure to properly complete this Joinder Agreement
may result in failure of the Plan to qualify under Code Section 401(x). In accordance with IRS Rev, Proc.
2011 -49, the Volume Submitter Practitioner who has obtained Internal Revenue Service approval of the
Oklahoma Municipal Retirement Fund Master Defined Contribution Plan has authority under the Plan
document to amend the Plan on behalf of adopting employers for certain changes in the Code, regulations,
revenue rulings, other statements published by the Internal Revenue Service, including model, sample or
other required good faith amendments. The Volume Submitter Practitioner will inform adopting
employers of any such amendments or of the discontinuance or abandonment of the volume submitter
plan document. The name, address and telephone number of the Volume Submitter Practitioner are:
McAfee & Taft A Professional Corporation, 211 N. Robinson, Oklahoma City, OK 73102, telephone
(405) 552 -2231. Any inquiries by the adopting employer regarding the adoption of the Plan, the meaning
of Plan provisions, or the effect of the Internal Revenue Service advisory letter on the volume submitter
plan may be directed to the Volume Submitter Practitioner.
Exhibit A Page 6
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED CONTRIBUTION PLAN
2015 version
4
OKLAHOMA MUNICIPAL RETIREMENT FUND
MASTER DEFINED CONTRIBUTION PLAN
TABLE OF CONTENTS
Page
ARTICLE I. PURPOSE AND ORGANIZATION ...................................... ............................I -I
1.1 Purpose ............................... ...............................
1.2 Parties ....................... ...............................
..... .. ... I -1
ARTICLE II. DEFINITIONS AND CONSTRUCTION ........................... ...........................II -1
2.1 Definitions ............................................................................................. ...........................II -1
(a)
Account .....................................................
(b)
.. ...............................
Adjustment Factor ................................................ ............................... ............
II -1
(c)
..
Amount(s) Forfeited ............................................................... ............................II
-1
(d)
Authorized Agent .................................................................... ...........................II
-1
(e)
Authorized Leave of Absence ................................................ ...........................lI
-1
MBeneficiary
......................................... ...............................
.... ........................... ....
II -1
(g)
Break in Service ............................. ...............................
1I -1
(h)
......................... .
Catch -Up Contributions
(i)
....... ......................................................... ............... .....
Catch -Up Contribution Account
II -2
................. .....................................................
II -2
0)
City Council .............................................................................
-2
(k)
...........................II
Code
(1)
.......... ...........................................................................................................
Committee
II -2
....................... ....................................................................................
11 -2
(m)
Compensation .......................................................................... .. .........................II
-2
(n)
Deductible Participant Contribution ....................................
-3
(o)
...........................II
Deferred Compensation Contributions
(p)
................................. ...........................11
Disability
-3
(9)
............................................. ............................... ...II
..............................
Effective Date
-3
.......................................................................... ...........................II
-3
(r)
Employer .................................................................................. ...........................II
-3
(s)
Employment Commencement Date ....................................... ...........................II
-3
(t)
Entry Date
(u)
.................................... :........................................................ :.............
Forfeiture
II -3
................................................................................. ...........................II
-3
(v)
Fund .... .................................. .....................:............................. ...........................I1
-3
(vv)
Investment Manager ................................................... .......................................
II -4
(x)
Investment Options ................................................................. ...........................II
-4
(y)
Joinder Agreement ........................................ .......... ..... ............................
II -4
(Z)
..........
Leased Employee
...... ..........................................................................................
II -4
(aa)
Limitation Year ........................... .......................................................................
1I -4
(bb)
Loan Account ....... ..............................................................................................
II -4
(cc)
Mandatory Contributions .................................. ...............................................
II -4
(dd)
Municipality ............................................................................. ...........................II
-4
(ee)
Municipality Contribution Account ...................................... ...........................II
-5
(ff)
Normal Retirement Date
................................:....................... ....... ....................II
-5
-i-
(gg)
Oldahoma Municipal Retirement Fund ................................ ...........................II
-5
(hh)
Participant ................................... .......................................................................
II -5
(ii)
Participant Contribution Accounts ....................................... ...........................II
-5
(jj)
Participant Deductible Contribution Account ..................... ...........................II
-5
(ldc)
Participant Deferred Compensation Contribution Account ..........................II
-5
(11)
Participant Mandatory Contribution Account ..... ..........................................
II -5
(mm)
Participant Nondeductible Contribution Account ............... ...........................II
-5
(nn)
Participant Rollover Account .......... .........................................................
........ II -5
(oo)
Participant Roth Contribution Account .............................. ............................II
-5
(PP)
Participation .......... ... .................. . ............ ........ ............... ........ :...........................
II -5
(qq)
Period(s) of Service or Service ....................................... ...................................
II -6
(rr)
Pick -Up Contributions ................................. ......................................
............_..II-6
(ss)
Pick -Up Contributions Account ................ .......................................................
II -7
(tt)
Plan., ......... ___ ................................................ ....................................................
11-7
(on)
Plan Administrator ..................................... ...............................
...II -7
(w)
Plan Year .................. .................... .................................... ....... .......................
....II -7
(ww)
Previous Plan ..... ............ ..................................... ................................................
II -7
(xx)
Retirement ............................................................ ...................... ...................
..... II -7
(yy)
Roth Contributions ........................... .............................. ...................................
II -7
(zz)
Trust Service Provider ........................................................... ...........................II
-7
(aaa)
Trustee., .....................................................................................
........................ 11-7
(bbb)
Valuation Date ......................................................................... ...........................I1
-7
(cce)
Valuation Period ..................................................................... ...........................II
-7
2.2 Construction ............ .......... .................................................................... ....................:......II
-7
ARTICLE 111. ELIGIBILITY AND PARTICIPATION ........................... ..........................III -1
3.1
Eligibility ............................. ........................................................................ ..................III
-1
3.2
Entry Date ............................................................. ............................... ..........................
III -1
3.3
Re- employment of Former Participants ................ ............................... ..........................
III -1
3.4
Re- employment of Retired or Fully Vested Participants ................ ...............................
III -1
ARTICLE
IV. CONTRIBUTIONS ............................................................. ...........................IV
-1
4.1
Contributions by Employer ............................:.................................... ...........................IV
-1
4.2
Required Participant Contributions ................................................. ...............................
N -1
4.3
Mandatory Contributions,., ............. ....................... ...... ....... .......................................
IV-1
4.4
Voluntary Nondeductible Contributions by Participants ...............................................
IV- 1
4.5
Change of Rate of Voluntary Nondeductible Contributions by Participant., ................
IV-1
4.6
Participant Contributions Nonforfeitable ...................................................... .................
IV -2
4,7
Pick -Up Contributions .................... ............... .......................................... ......... .............
IV -2
4.8
Deferred Compensation Contributions ...................... ........................................ ............
IV -2
ARTICLE V. ACCOUNTING, ALLOCATION AND VALUATION . ............................... V -1
5.1 Accounts .......................................................................................... ............................... V -1
5.2 Eligibility for Allocation .................................................................. ............................... V -1
5.3 Allocation of Contribution ............................................................... ............................... V -1
5.4 Allocation of Amounts Forfeited ..................................................... ............................... V -1
-11-
5.5 Value of Account ............................................................................. ............................... V -1
5.6 Allocation of Investment Earnings and Losses ................................ ............................... V -1
5.7 Accounting for Participants' Contributions ..................................... ............................... V -1
5.8 Accounting for Statement of Account ............................................. ............................... V -1
5.9 Time of Adjustment ......................................................................... ............................... V -2
5.10 Special Valuation Date .................................................................... ............................... V -2
5.11 Limitation on Allocation of Employer Contributions ...................... ............................... V -2
5.12 Investment Options .......................................................................... ............................... V -5
ARTICLEVI. BENEFITS ........................................................................... ...........................VI -1
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
6.15
6.16
6.17
Retirementor Disability ........................ :........................................................................ VI -1
DeferredRetirement ........................................................................ ............................... VI -1
Deathof a Participant ...................................................................... ............................... VI -1
Termination for Other Reasons - Vested Percentage ...................... ........... ..................... VI -1
Initial Distribution Date .................................................................. ............................... VI -1
Determination of Amounts Forfeited .............................................. ...............................
Participant Contribution Accounts .................................................. ...............................
Withdrawals from Participant's Contribution Accounts ................. ...............................
Withdrawals from Participant's Mandatory Contribution Account ...............................
Methods of Distribution ........................................ ............................ ... _....
Designation of Beneficiary .............. ...............................
Loss of Benefits for Cause ............... ...............................
Payments Under a Qualified Domestic Relations Order
Loans to Participants ........................ ...............................
Required Minimum Distributions .... ...............................
Withdrawals from Participant Rollover Account ...........
Forfeiture of Benefits ....................... ...............................
ARTICLE VII. NOTICES
VI -I
VIA
VI -2
VI -3
VI -3
................. VI -3
................. VI -4
................. VI-4
I ................ V I -5
................. VI-7
............... VI -11
.... I .... ....,. VI -11
VII -1
7.1 Notice to Oklahoma Municipal Retirement Fund .......... ............................................... VII -1
7.2 Subsequent Notices .............................................. ............................... ..........................VII -1
7.3 Copy of Notice ..................................................... ............................... ..........................VII -1
7.4 Reliance Upon Notice ..................................,....... ............................... ..........................VII-1
ARTICLE VIII. AMENDMENT AND TERMINATION ....................... .........................VIII -1
8.1 Termination of Plan ............................................ ............................... .......................... VIII -1
8.2 Suspension and Discontinuance of Contributions .... ................................................ I. VIII -1
8.3 Liquidation of Trust Fund .................................. ............................... .......................... VIII -1
8.4 Amendments ....................................................... ............................... .........................VIII -1
8.5 Authority of Volume Submitter Practitioner to Amend for Adopting Employers ..... VIII -2
ART-IC-LE-IX. EMPLOYMENT TRANSFERS ......................................... ...........................IX -1
9.1 Transfers from This Plan .................................................................... ...........................IX -1
9.2 Transfers to This Plan ......................................................................... ...........................IX -1
9.3 Notice of Transfers ............................... ........................................... .............................. IX -2
9.4 Transfer from Other Qualified Plans .................... .................... ..................................... IX -2
-iii-
9.5 Rollover Contributions ................ ...............................
9.6 Transfer to Other Qualified Plans... ...........................
9.7 Rollover to Another Plan or IRA ...............................
9.8 Requirements for Rollover by Individuals .................
9.9 Transfers From Another Qualified Plan ....................
9.10 Procedures ................................... ...............................
ARTICLE X. ADMINISTRATION
...................... I... X -1
10.1
Administration ............... ................. ........................................
................ ........................ X -1
10.2
Bonds .......... ................................. ...................................................
......_........................ X -3
10.3
Benefit Payments .............................................................................
............................... X -4
10.4
Abandonment of Benefits ................................................................
............................... X-4
10.5
Benefits Payable to Incompetents ....................................................
............................... X -4
ARTICLEXI. GENERAL ...........................................................................
...........................XI -1
11.1
USERRA .............................................................................................
...........................XI -1
11.2
Not Contract Between Employer and Participant ...............................
...........................XI -1
11.3
Payment of Fees ................................................................:.................
...........................XI -1
11.4
Governing Law ....................... ................................................................
....................... XI- 1
11.5
Counterpart Execution .............. ......................................................................................
XI -1
11.6
Severability .........................................................................................
...........................XI -1
11.7
Spendthrift Provisions.... ................................. ..................... — ......................................
XI-1
11.8
Maximum Duration .... ................................ ................ .... ................................................
XI -2
11.9
Number and Gender ....................................................... ............................................
.... XI -2
11.10
Compensation and Expenses of Administration ............................................
.......... ...... XI -2
11.11
Incorporation of Trust Agreement ..................................................
............................... XI -2
11.12
Mistake of Fact .......... .... ................................................................................................
XI -2
11.13
Written Notices ......... ... ................................ ..:...............................................................
XI -3
-iv-
ARTICLE I.
Purpose and Organization
1.1 Purpose: The purpose of this Plan is to encourage the loyalty and continuity of service
of the Participants, to provide retirement benefits for all eligible Employees of the Employer, as
hereinafter defined, who complete a period of faithful service and become eligible hereunder,
and to qualify the Plan under Section 401(a) and 501(a) of the Code. The benefits provided by
this Plan will be paid from a Fund established by the Employer and will be in addition to the
benefits Employees are entitled to receive under any other programs of the Employer and from
the Federal Social Security Act.
This Plan and the separate related Fund forming a part hereof are established and shall be
maintained for the exclusive benefit of the eligible Employees of the Employer and their
beneficiaries. The design type of this Plan is a profit sharing plan. To the extent this Plan is a
governmental retiree benefit plan under Section 401(a)(24) of the Code, and prior to the
termination of the Plan and satisfaction of all liabilities of the Plan, no part of the corpus or
income of the Fund shall be used for, or diverted to, purposes other than for the exclusive benefit
of the Plan participants and their beneficiaries.
1.2 Parties: The Oklahoma Municipal Retirement Fund hereby adopts and establishes this
Plan for the benefit of Employees of those Employers, as defined herein, formed, chartered or
incorporated under the laws of the State of Oklahoma, who wish to adopt it by executing a
Joinder Agreement which incorporates this Plan by reference.
I -I
ARTICLE H.
Definitions and Construction
2.1 Definitions: Where the following words and phrases appear in this Plan, they shall have
the respective meanings set forth below, unless their context clearly indicates to the contrary:
(a) Account: One or more of several records maintained to record the interest in the
Plan of each Participant and Beneficiary, and shall include any or all, where appropriate, of the
following: (i) Municipality Contribution Account, (ii) Participant Deductible Contribution
Account, (iii) Participant Deferred Compensation Contribution Account, (iv) Participant
Mandatory Contribution Account, (v) Participant Nondeductible Contribution Account,
(vi) Participant Roth Contribution Account, (vii) Pick -Up Contribution Account,
(viii) Participant Rollover Account, (ix) Catch -Up Contribution Account, and (x) Loan Account.
(b) Adjustment Factor: The cost of living adjustment factor prescribed by the
Secretary of the Treasury under Section 415(d) of the Code for years beginning after December
31, 1987, as applied to such items and in such manner as the Secretary shall provide.
(e) Amount(s) Forfeited: That portion of a terminated Participant's Municipality
Contribution Account to which such Participant is not entitled because of insufficient Service.
(d) Authorized Agent: The City Clerk of the Employer or such other person
designated by the Employer to carry out the efficient operation of the Plan at the Iocal level.
(e) Authorized Leave of Absence: Any absence authorized by the Employer under
the Employer's standard personnel practices applied to all persons under similar circumstances in
a uniform manner, including any required military service during which a Participant's re-
employment rights are protected by law; provided that he resumes employment with the
Employer within the applicable time period established by the Employer or by law.
(f) Beneficiary: Any person or entity designated or deemed designated by a
Participant as provided in Section 6.11 hereof.
(g) Break in Service: The expiration of ninety (90) days from the date the
Participant last performed Service for the Employer for which such Participant was entitled to
wages as defined in Section 3121(a) of the Code unless the Participant is on Authorized Leave of
Absence. If a Participant does not resume employment with the Employer upon the expiration of
an Authorized Leave of Absence, the Participant will be deemed to be absent from work on the
first day of his Authorized Leave of Absence for purposes of determining if the Participant has a
Break in Service.
For determining the amounts to be forfeited from a Participant's account under
Section 6.6, any periods of employment with the Employer during which the Participant was not
considered an Employee under the Plan shall not be considered as a Break in Service that causes
a forfeiture unless the Participant was covered under a state retirement system or any other
program outside the Oklahoma Municipal Retirement Fund System.
11 -1
(h) Catch -Up Contributions: A Participant's contributions described in Section
4.8(c) herein.
(i) Catch -Up Contribution Account: The Account maintained for a Participant in
which any Catch -Up Contributions are recorded.
(j) City Council: The City Council or Board of Trustees of the Employer or other
duly qualified and acting governing authority of the Employer.
(k) Code: The Internal Revenue Code of 1986, as amended from time to time.
(1) Committee: The City Council of the Municipality, which shall act as the Plan
Administrator of the Plan as provided for minder Article X hereof.
(m) Compensation: Compensation means wages for federal income tax withholding
purposes, as defined under Code §3401(a), plus all other payments to an Employee in the course of
the Employer's trade or business, for which the Employer must firmish the Employee a written
statement under Code § §6041, 6051 and 6052, but determined without regard to any rules that
limit the remuneration included in wages based on the nature or location of the employment or
services performed (such as the exception for agricultural labor in Code §3401(a)(2)). The
Employer in its Joinder Agreement may specify modifications to the definition of Compensation,
for purposes of contribution allocations under the Plan. For purposes of determining a
Participant's compensation, any election by such Participant to reduce his regular cash
remuneration under Code Sections 125, 401(k), 414(h), 403(b) or 457 shall be disregarded.
(1) Limitations. Notwithstanding anything herein to the contrary, for Plan
Years commencing after December 31, 1988 and before January 1, 1994, the annual Compensation
of each Participant taken into account under the Plan for any Plan Year shall not exceed $200,000,
as adjusted by the Secretary of the Treasury at the same time and in the same manner as under
Section 415(d) of the Code. In addition to other applicable limitations set forth in the Plan, and
notwithstanding any other provision of the Plan to the contrary, for Plan Years beginning on or
after January 1, 1994, the annual Compensation of each employee taken into account under the
Plan shall not exceed the Omnibus Budget Reconciliation Act of 1993 ( "OBRA '93 ") annual
compensation limit. The OBRA '93 annual compensation limit is $150,000, as adjusted by the
Commissioner for increases in the cost of living in accordance with Section 401 (a)(I 7)(B) of the
Code. The cost -of -living adjustment in effect for a calendar year applies to any period, not
exceeding 12 months, over which compensation is determined (determination period) beginning in
such calendar year. If a determination period consists of fewer than 12 months, the OBRA '93
annual compensation limit will be multiplied by a fraction, the numerator of which is the number
of months in the determination period, and the denominator of which is 12.
The annual compensation of each Participant taken into account in determining
allocations for any Plan Year beginning after December 31, 2001, shall not exceed $200,000, as
adjusted for cost -of- living increases in accordance with Section 401(a)(17)(B) of the Code.
Annual compensation means compensation during the Plan Year or such other consecutive
12 -month period over which compensation is otherwise determined under the Plan (the
determination period). The cost -of- living adjustment in effect for a calendar year applies to
annual compensation for the determination period that begins with or within such calendar year.
II -2
If compensation for a period of less than 12 months is used for a plan year, then the otherwise
applicable compensation limit is reduced in the same proportion as the reduction in the 12 -month
period. If a determination period consists of fewer than 12 months, the annual compensation
limit will be multiplied by a fraction, the numerator of which is the number of months in the
determination period, and the denominator of which is 12.
If Compensation for any prior determination period is taken into account in
dete-rnining an employee's benefits accruing in the current Plan Year, the Compensation for that
prior determination period is subject to applicable annual compensation limit in effect for that prior
determination period.
For limitation years beginning on and after January 1, 2001, for purposes of
applying the limitations described in this Subsection 2.1(m), Compensation paid or made
available during such limitation years shall include elective amounts that are not includible in the
gross income of the Employee by reason of Section 132(f)(4) of the Code.
(n) Deductible Participant Contribution: Prior to January 1, 1987, the amount a
Participant may voluntarily contribute to the Plan which could not exceed the lesser of $2,000 (or
such higher limit as allowed by the Code), or 100% of Compensation, and is deductible fiom
gross income by the Participant pursuant to the Code. No Deductible Participant Contributions
may be made after January 1, 1987.
(o) Deferred Compensation Contributions: A Participant's contributions described
in Section 4.8 herein and credited to his Participant Deferred Compensation Contribution
Account.
(p) Disability: A physical or mental condition which, in the judgment of the
Committee, totally and presumably permanently prevents a Participant from engaging in any
substantial gainful employment with the Employer. A determination of such disability shall be
based upon competent medical evidence.
(q) Effective Date: The later of: (a) the date specified in the Joinder Agreement; or
(b) the first day on which the Plan has a Participant.
(r) Employer: A Municipality chartered; incorporated or formed under the laws of
the State of Oklahoma which executes the Joinder Agreement.
(s) Employment Commencement Date: The first day of the first pay period during
which the Participant receives wages as defined in Section 3121(a) of the Code from the
Employer.
(t) Entry Date: The date an Employee becomes a Participant.
(u) Forfeiture: The portion of a Participant's Accounts which becomes forfeitable
pursuant to Section 6.6 hereof.
(v) Fund: The fund established to provide the benefits under the Plan for the
exclusive benefit of the Participants included in the Plan, and which will be pooled with similar
II -3
funds of other incorporated cities and towns of Oklahoma as a part of the Oklahoma Municipal
Retirement Fund, for purposes of pooled management and investment.
(w) Investment Manager: A person who is either (i) registered as an investment
adviser under the Investment Advisers Act of 1940, (ii) a bank, as defined in the Investment
Advisers Act of 1940, or (iii) an insurance company qualified to perform investment
management services under the laws of more than one state.
(x) Investment Options: Any of those investment options selected by the
Committee in accordance with Section 5.12 hereof.
(y) Joinder Agreement: The agreement by which the Employer adopts this Plan and
Fund as its Plan and Fund.
(z) Leased Employee: Any person (other than an employee of the recipient) who
pursuant to an agreement between the recipient and any other person ( "leasing organization') has
performed services for the recipient (or for the recipient and related persons determined in
accordance with Section 414(n)(6) of the Code) on a substantially full time basis for a period of
at least one year, and such services are performed under primary direction or control by the
recipient. Contributions or benefits provided a leased employee by the leasing organization
which are attributable to services performed for the recipient employer shall be treated as
provided by the recipient employer.
A leased employee shall not be considered an employee of the recipient if: (I) such
employee is covered by a money purchase pension plan providing: (1) a nonintegrated employer
contribution rate of at least 10% of compensation, as defined in Section 415(c)(3) of the Code, but
including amounts contributed pursuant to a salary reduction agreement which are. excludable from
the employee's gross income under Section 125, Section 402(e)(3), Section 402(h)(1)(B) or Section
403(b) of the Code, (2) immediate participation, and (3) full and immediate vesting; and (h) leased
employees do not constitute more than 20% of the recipient's nonbighly compensated work force.
(aa) Limitation Year: The twelve (12) consecutive month period ending on June 30th
of each year. If the Limitation Year is amended to a different twelve (12) consecutive month
period, the new Limitation Year must begin on a date within the Limitation Year in which the
amendment is made.
(bb) Loan Account: A Participant's Separate Account established in the event he
desires to make a loan from his applicable Account as provided in Section 6.14 herein.
(cc) Mandatory Contributions: Contributions, if elected by the Employer in the
Joinder Agreement, which Participants are required to make in order to participate in the Plan.
(dd) Municipality: (1) each and every incorporated municipality in the State of
Oklahoma; (2) public trusts having nnmicipalities as a beneficiaries; (3) interlocal cooperatives
created pursuant to 74 Oklahoma Statutes, Sections 1001, et seq., between municipalities and /or
their public trust, and; (4) any other legal entity comprising a municipal authority as that term is
used in Chapter 48 of Title 11 Oklahoma statutes, which has adopted the Plan and/or which has
become a participant in the related trust according to the terns herein.
II -4
(ee) Municipality Contribution Account: The account maintained for a Participant
in which his share of the contributions of the Employer and the Amounts Forfeited and any
adjustments relating thereto are recorded.
(ft) Normal Retirement Date: The first day of the month occurring on or next
following the date a Participant attains sixty -five (65) years of age.
(gg) Okahoma Municipal Retirement Fund: The trust created in accordance with
Sections 48 -101 et seq., of Title 11, Oklahoma Statutes 1981, to combine pension and retirement
funds in incorporated cities and towns of Oklahoma for purposes of management and investment,
represented by and acting through its Board of Trustees.
(hh) Participant: Any Employee or former Employee who meets the eligibility
requirements and is covered under the Plan.
(ii) Participant Contribution Accounts: All of the following Accounts:
(i) Participant Deductible Contribution Account, (ii) Participant Deferred Compensation
Contribution Account, (iii) Participant Nondeductible Contribution Account, (iv) Catch -Up
Contribution Account, (v) Pick -Up Contributions Account, (vi) Participant Mandatory
Contributions Account, (vii) Participant Rollover Account, and (viii) Participant Roth
Contribution Account.
(jj) Participant Deductible Contribution Account: The Account maintained for a
Participant in which his Deductible Participant Contributions and adjustments relating thereto are
recorded.
(kk) Participant Deferred Compensation Contribution Account: The Account
maintained for a Participant in which his Deferred Compensation Contributions resulting from
the Participant's election under Section 4.8 of the Plan and adjustments thereto are recorded.
(11) Participant Mandatory Contribution Account: The Account maintained for a
Participant in which his Mandatory Contributions and adjustments relating thereto are recorded.
(mm) Participant Nondeductible Contribution Account: The Account maintained
for a Participant in which his voluntary nondeductible contributions and adjustments relating
thereto are recorded.
(nn) Participant Rollover Account: The Account maintained for a Participant in
which any Rollover Contributions are recorded.
(oo) Participant Roth Contribution Account: The Account maintained for a
Participant in which any Roth Contributions are recorded.
(pp) Participation: The period commencing as of the date an Employee became
Participant and ending on the date the final distributions of all the Account balances are made.
1I -5
(qq) Period(s) of Service or Service:
(1) A Participant's last continuous period during which the Participant was an
Employee of the Employer and/or any other Municipality prior to the earlier of his Retirement or
Break in Service.
(i) Service includes employment with a Municipality other than the
Employer prior to the time that the other Municipality adopted the Plan if the other
Municipality credits a participant's past service under its retirement plan; and
(ii) Service for the Employer does not include employment with any
Municipality if that service would not be included under the Municipality's Plan.
(2) Concurrent employment with more than one Municipality shall be credited
as only one period of service.
(3) Any Authorized Leave of Absence shall not be considered as interrupting
continuity of employment, provided the Employee returns within the period of authorized
absence. Until such time as the City Council shall adopt rules to the contrary, credit for Service
with the Employer shall be granted for any period of Authorized Leave of Absence during which
the Employee's full Compensation is continued and contributions to the Fund are continued at
the same rate and made by or for him, but credit for Service with the Employer shall not be
granted for any period of authorized, nonpaid absence due to illness, union leave, military
service, or any other reason, unless arrangements are made with the City Council for the
Employee's continued participation and for contributions to be continued at the same rate and
made by him or on his behalf during such absence. Provided, however, if a Participant is on an
Authorized Leave of Absence and is receiving worker's compensation during such Authorized
Leave of Absence, and if the Employer so elects in the Joinder Agreement, such Participant shall
be credited with Service for such period for purposes of vesting only (and not for purposes of
allocation of Employer Contributions).
(4) The expiration of the term of office of an elected official shall not be
considered as interrupting continuity of employment, provided the official is re- elected for a
consecutive term.
(5) Any reference in this Plan to the number of years of Service of a Participant
shall include fractional portions of a year.
(6) With respect to a Participant who was previously 100% vested in any other
Municipality's qualified retirement plan prior to becoming a Participant in this Plan, such
Participant's "Service" for purposes of determining years of service for vesting under this Plan
shall include the Participant's last continuous period during which the Participant was an employee
of the other Municipality.
(rr) Pick -Up Contributions: The Employer's contributions described in Section 4.7
hereof and credited to his Pick -Up Contribution Account.
1.
(ss) Pick -Up Contributions Account: The account maintained for a Participant in
which his share of Pick -Up Contributions are recorded.
(tt) Plan: The Oklahoma Municipal Retirement Fund Master Defined Contribution.
Plan set forth herein, and all subsequent amendments.
(on) Plan Administrator: The persons who administer the Plan pursuant to the
provisions of Article X hereof.
(vv) Plan Year: Means the twelve (12) consecutive month period ending June 30th of
each year. The initial or final Plan Year may be less than a twelve (12) consecutive month
period.
(ww) Previous Plan: The terms and provisions in the prior instruments governing the
Employer's qualified defined contribution retirement plan and related trust, and applying before
the Effective Date hereof, or any other date expressly specified herein if different from the
Effective Date, which prior instruments are amended, restated and superseded by this instrument.
(xx) Retirement: Termination of employment upon a Participant's attaining age 65.
(yy) Roth Contributions: A Participant's contributions described in Section 4.8(d)
herein and credited to his Participant Roth Contribution Account.
(zz) Trust Service Provider: The person appointed by the Trustee to supervise
operation of the Oklahoma Municipal Retirement Fund and to assist participating Municipalities
in the adoption and operation of the Plan.
(aaa) Trustee: The Trustees appointed pursuant to the Trust Indenture establishing the
Oklahoma Municipal Retirement Fund.
(bbb) Valuation Date: The date specified in Section 13 of the Joinder Agreement and
any Special Valuation Dates determined in accordance with Section 5.10.
(cec) Valuation Period: The period of time between two successive Valuation Dates,
2.2 Construction: The masculine gender, where appearing in the Plan, shall be deemed to
include the feminine gender, unless the context clearly indicates to the contrary. The words
"hereof," "herein," "hereunder" and other similar compounds of the word "herein" shall mean
and refer to the entire Plan, not to any particular provision or section.
II -7
ARTICLE III.
Eligibility and Participation
3.1 Eligibility; An Employee, as defined in the Joinder Agreement, who has satisfied all the
requirements set forth in the Joinder Agreement shall be eligible to participate in the Plan. Any
person who has been classified by the Employer as an independent contractor and has had his
compensation reported to the Internal Revenue Service on Form 1099 but who has been
reclassified as an "employee" (other than by the Employer) shall not be considered as an eligible
Employee who can participate under this Plan; provided, if the Employer does reclassify such
worker as an `Employee," for purposes of this PIan, such reclassification shall only be
prospective from the date that the Employee is notified by the Employer of such reclassification.
3.2 Entry Date: The participation of an Employee eligible to become a Participant shall
commence on the earliest date permitted by the Employer in the Joinder Agreement.
3.3 Re- employment of Former Participants: Subject to-Section 3.4, if a Participant incurs
a Break in Service and is subsequently re- employed by the Employer, the Participant shall not
receive any credit for his previous Period of Service with the Employer and such Participant
shall be treated in the same manner as a person who has not previously been employed by any
Municipality.
3.4 Re- employment of Retired or Fully Vested Participants: If a retired or fully vested
Participant is re- employed by the Employer, no distributions shall be made from the Plan during
the period of such re- employment. Periods of Service prior to such Participant's retirement or
termination of service, as applicable, shall count as Periods of Service for purposes of
determining such Participant's vested interest in his Municipality Contribution Account.
III -1
ARTICLE IV.
Contributions
4.1 Contributions by Employer:: The Employer shall make such contributions as set forth
in the Joinder Agreement. Such contributions shall be made from the operating revenue of the
current taxable year or from accumulated revenue or surplus; as appropriate. The contribution
shall be determined by written action of the Employer stating the amount of such contribution,
and by the payment of such stated amount to the Trustee monthly. Upon execution of the
Joinder Agreement, the Employer will contribute one Dollar ($1.00) to establish the Fund. Any
Participant who received Compensation from the Employer during the Valuation Period shall
share in the Employer's contribution for the Valuation Period, even if not employed on the last
day of the Valuation Period.
All Participant contributions shall be transmitted monthly to the Trustee after being
withheld by the Employer. The Trustee shall hold all such contributions, subject to the provisions
of the Plan and Fund, and no part of these contributions shall be used for, or diverted to, any other
purpose.
4.2 Required Participant Contributions: If the Employer so elects in the Joinder
Agreement, Participants shall not be required to contribute to the Plan.
4.3 Mandatory Contributions: If the Employer so elects in the Joinder Agreement, a
Participant shall contribute to the Plan for each Plan Year the percentage of his Compensation set
forth in the Joinder Agreement. Mandatory Contributions shall be made by payroll deductions.
The Participant shall authorize such deductions in writing on forms approved by, and filed with,
the Committee.
4.4 Voluntary Nondeductible Contributions by Participants: Subject to the limitations of
Sections 5.11 and to such rules of uniform application as the Committee may adopt, each
Participant may elect to make nondeductible contributions to the Plan. The contributions of such
Participant after the Effective Date may be by payroll deduction, which the Participant shall
authorize the Employer to make on written authorization forms designated by and filed with the
Committee, or by cash payments by such Participant to the Trustee. The authorization to make
contributions by payroll deductions shall be effective on the first day following the Committee's
receipt of the payroll deduction authorization. In addition, a Participant may make Rollover
Contributions notwithstanding the percentage limitations in the first sentence of this Section or
the cash payment requirement of the second sentence of this Section.
4.5 Change of Rate of Voluntary Nondeductible Contributions by Participant: The
Participant may change his rate of payroll deduction at any time between the minimum and
maximum rates specified in Section 4.4, or he may discontinue his payroll deductions at any
time. Any change of rate or discontinuance of payroll deductions shall be effective on the first
payday following the receipt of written notice thereof by the Committee; provided, however, that
not more than one change or discontinuance shall be made within a calendar month unless
otherwise stated by the Committee.
IV -1
The Participant must furnish the Committee at the time of any Participant Contribution or
payroll deduction authorization an election designating the contribution as a Mandatory
Contribution, Deductible Participant Contribution, or a Voluntary Nondeductible Contribution.
4.6 Participant Contributions Nonforfeitable: Each Participant who contributes hereunder
shall have a nonforfeitable vested interest in that portion of the value of his own contributions
not theretofore previously withdrawn by him.
4.7 Pick -Up Contributions: If the Employer elects in the Joinder Agreement, all
Participants shall be required as a condition of employment to make the contributions specified
in the Joinder Agreement. These contributions shall be picked up and assumed by the Employer
and paid to the Fund in lieu of contributions by the Participant. Such contributions shall be
designated as Employer contributions for federal income tax purposes. Each Participant's
Compensation will be reduced by the amount paid to the Fund by the Employer in lieu of the
required contribution by the Participant. These contributions shall be excluded from the
Participant's gross income for federal income tax purposes and from wages for purposes of
withholding under Sections 3401 through 3404 of the Code in the taxable year in which
contributed. No Participant shall have the option of receiving the contributed amounts directly
as Compensation. Contributions made by the Employer under this election shall be designated
as Participant contributions for purposes of vesting, determining Participant rights and
Participant Compensation. (In order for the Employer to have reliance on whether the Pick -Up
Contributions comply with Section 414(h)(2) of the Code, the Employer must obtain a private
letter ruling from the Internal Revenue Service.]
4.8 Deferred Compensation Contributions: If the Employer elects in the Joinder
Agreement and if such Employer adopted a cash or deferred feature before May 7, 1986, the
following provisions shall apply:
(a) Deferred Compensation Contributions under Code Section 401(k): A
Participant, by written notice to the Plan Administrator, may elect to make a Deferred
Compensation Contribution to the Plan rather than receive Compensation to which the
Participant would otherwise be entitled during the period immediately following such election.
Subject to the limitations of this Section 4.8 and Section 5.11, a Participant's Deferred
Compensation Contribution may be any whole percentage of his Compensation, but in no case
shall a Participant's Deferred Compensation Contribution election exceed the percentage set forth
in the Joinder Agreement. Such election shall be binding until the Participant, by written notice to
the Plan Administrator, modifies or discontinues his Deferred Compensation Contribution. A
Participant's initial election, or modification or discontinuance shall be effective as soon as
administratively practicable following the Plan Administrator's receipt of the Participant's written
notice of election, modification or discontinuance, and shall remain in effect until modified or
terminated. Provided, not more than one change or discontinuance shall be made within a calendar
month unless otherwise stated by the Committee.
Employer contributions made pursuant to this Section 4.8 shall be credited to the
Participant's Participant Deferred Compensation Account. All such Employer contributions shall
IV -2
be paid to the Trustee as soon as practicable following the retention of such amounts by the
Employer from the Participant's Compensation.
(b) Dollar Limitation on Deferred Compensation Contributions:
(i) General Rule. No Participant shall be pennitfcd to make Deferred
Compensation Contributions during any calendar year in excess of the dollar limitation contained
in Section 402(8) of. the Code (including, if applicable, the dollar limitation on Catch -Up
Contributions defined in Section 414(v) of the Code) in effect as of the beginning of the taxable
year as adjusted under Section 402(g)(4) of the Code (hereafter referred to as "Excess Elective
Deferrals "). In the case of a Participant who is age 50 or over by the end of the taxable year, the
dollar limitation described in the preceding sentence includes the amount of Deferred
Compensation Contributions that can be Catch -Up Contributions. In the event a Catch -Up
Contribution eligible Participant makes Excess Elective Deferrals, the Plan Administrator shall
cause such Participant's Deferred Compensation Contributions to be recharacterized as Catch -Up
Contributions to the extent necessary to either (i) exhaust his Excess Elective Deferrals, and/or
(ii) increase his Catch -Up Contributions to the applicable limit under Section 414(v) of the Code
for the Plan Year.
(ii) Recharacterization to Meet Limits of Section 402(g) of the Code. In
the event a Participant's Deferred Compensation Contributions for a Plan Year do not equal the
maximrun Contributions that may be made under the Plan during that Plan Year for any reason,
the Participant's Catch -Up Contributions for such Plan Year shall be recharacterized as Deferred
Compensation Contributions for all purposes to the extent necessary to increase his Deferred
Compensation Contributions to equal such maximum for such Plan Year.
(iii) Corrective Distributions.
a. General. Notwithstanding any other provision of the Plan to the
contrary, Excess Elective Deferrals (remaining after recharacterization as
discussed above) and income and loss allocable thereto for the applicable calendar
year must be distributed no later than April 15 following the calendar year in
which Excess Elective Deferrals are incurred to avoid penalty, to Participants who
have Excess Elective Deferrals for the preceding calendar. year. Provided that,
Excess Elective Deferrals to be distributed for a taxable year will be reduced by
Excess Contributions previously distributed for the Plan Year beginning in such
taxable year. For years beginning after 2005, distribution of Excess Elective
Deferrals for a year shall be made first from the Participant's Account holding
Deferred Compensation Contributions, to the extent Deferred Compensation
Contributions were made for the year, unless the Participant specifies otherwise.
b. Calculation of Income Allocable to Excess Elective Deferrals.
The Plan Administrator shall use the method provided in Section 5.6 herein for
computing the income allocable to corrective distributions pursuant to this
Section. Excess Elective Deferrals are determined on a date that is no more than
seven (7) days before the distribution. For the Plan Year beginning in 2007,
income or loss allocable to the period between the end of the taxable year and the
IV -3
date of distribution ("gap period ") must be taken into account for corrective
distributions. For Plan Years beginning after 2007, income or loss applicable to
the gap will not be taken into account for corrective distributions.
(c) Catch -up Contributions: For Plan Years beginning after December 31, 2001,
all employees who are eligible to make Deferred Compensation Contributions under this Plan
and who have attained age 50 before the close of the employee's taxable year shall be eligible to
make Catch -Up Contributions in accordance with, and subject to the limitations of, Section
414(v) of the Code. Catch -Up Contributions are Deferred Compensation Contributions made to
the Plan that are in excess of an otherwise applicable Plan limit and that are made by Participants
who are age 50 or over by the end of their taxable years. An otherwise applicable Plan limit is a
limit in the Plan that applies to Deferred Compensation Contributions without regard to Catch -
Up Contributions, such as the limit on Annual Additions and the Code Section 402(g) limit.
Such Catch -Up Contributions shall not be taken into account for purposes of the provisions of
the Plan implementing the required limitations of Sections 402(g) and 415 of the Code. The Plan
shall not be treated as failing to satisfy the provisions of the Plan implementing the requirements
of Section 401(k)(3), 401(k)(11), 401(k)(12), 410(b), or 416 of the Code, as applicable, by
reason of the making of such Catch -Up Contributions.
(d) Roth Elective Deferrals:
(i) General Application.
(1) If elected by the Employer in the Joinder Agreement, this
Subsection (d) will apply to Contributions beginning with the effective date specified in the
adoption agreement but in no event before the first day of the first taxable year beginning on or
after January 1, 2006.
(2) As of the effective date under Subsection (1), the Plan will accept
Roth elective deferrals made on behalf of Participants. A Participant's Roth elective deferrals
will be allocated to a separate account maintained for such deferrals as described in Subsection
(ii).
(3) Unless specifically stated otherwise, Roth elective deferrals will be
treated as elective deferrals for all purposes under the Plan.
(ii) Separate Accounting.
(1) Contributions and withdrawals of Roth elective deferrals will be
credited and debited to the Roth elective deferral account maintained for each Participant.
(2) The Plan will maintain a record of the amount of Roth elective
deferrals in each Participant's account.
(3) Gains, losses, and other credits or charges must be separately
allocated on a reasonable and consistent basis to each Participant's Roth elective deferral account
and the Participant's other accounts under the Plan.
IVZII
(4) No contributions other than Roth elective deferrals and properly
attributable earnings will be credited to each Participant's Roth elective deferral account.
(iii) Direct Rollovers.
(1) Notwithstanding Section 9.5, a direct rollover of a distribution
from a Roth elective deferral account under the Plan will only be made to another. Roth elective
deferral account under an applicable retirement plan described in § 402A(e)(1) or to a Roth IRA
described in Code Section 408A, and only to the extent the rollover is permitted under the riles
of Code Section 402(c).
(2) Notwithstanding Section 9.5, if elected by the Employer in the
Joinder Agreement, the Plan will accept a rollover contribution to a Roth elective deferral
account only if it is a direct rollover from another Roth elective deferral account under an
applicable retirement plan described in Code Section 402A(e)(1) and only to the extent the
rollover is permitted under the rules of Code Section 402(c).
(3) The Plan will not provide for a direct rollover (including an
automatic rollover) for distributions from a Participant's Roth elective deferral account if the
amount of the distributions that are eligible rollover distributions are reasonably expected to total
less than $200 during a year. in addition, any distribution from a Participant's Roth elective
deferral account is not taken into account in determining whether distributions from a
Participant's other accounts are reasonably expected to total less than $200 during a year.
However, eligible rollover distributions from a Participant's Roth elective deferral account are
taken into account in determining whether the total amount of the Participant's account balances
under the Plan exceeds $1,000 for purposes of mandatory distributions from the plan.
deferral that is:
(iv) Definition.
(1) Roth Elective Deferrals. A Roth elective deferral is an elective
a. Designated irrevocably by the Participant at the time of the
cash or deferred election as a Roth elective deferral that is being made in lieu of
all or a portion of the pre -tax elective deferrals the Participant is otherwise
eligible to make under the plan; and
b. Treated by the Employer as includible in the Participant's
income at the time the Participant would have received that amount in cash if the
Participant had not made a cash or deferred election.
IV -5
ARTICLE V.
Accounting, Allocation and Valuation
5.1 Accounts: The Committee shall maintain a separate Municipality Contribution Account,
Participant Nondeductible Contribution Account, Participant Mandatory Contribution Account,
Participant Deductible Contribution Account, Participant Rollover Account, Participant Deferred
Compensation Contribution Account, Catch -Up Contribution Account, Pick -Up Contributions
Account and Loan Account as necessary for each Participant. A separate sub - account for each
such Account shall be maintained for each Investment Option offered in accordance with Section
5.12. All such Accounts shall be credited or debited as herein provided.
5.2 Eligibility for Allocation: Employer contributions together with Amounts Forfeited as
of the Valuation Date shall be allocated to the Municipality Contribution Accounts of
Participants.
5.3 Allocation of Contribution: The Employer contributions, together with Amounts
Forfeited as of the prior Valuation Date shall be allocated in the manner elected by the Employer
in the Joinder Agreement.
5.4 Allocation of Amounts Forfeited: No Amount Forfeited attributable to the contribution
of one Employer adopting this Plan may be allocated for the benefit of Participants of the Plan of
any other adopting Employer.
5.5 Value of Account: The value of a Participant's Account is equal to the sum of all
contributions, earnings or Iosses, and other additions credited to the Account, less all
distributions (including distributions to Beneficiaries and to alternate payees and also including
disbursement of Plan loan proceeds), forfeitures, expenses and other charges against the Account
as of a Valuation Date or other relevant date. For purposes of a distribution under the Plan, the
value of a Participant's Account balance is its value as of the Valuation Date immediately
preceding the date of the distribution. The value of a Participant's Account is the fair market
value of the assets in the account.
5.6 Allocation of Investment Earnings and Losses: As of each Valuation Date, the
Accounts will be adjusted to reflect the earnings and losses since the last Valuation Date.
Earnings or losses will. be allocated using the daily valuation method so that earnings or losses
will be allocated on each day of the Plan Year for which Plan assets are valued on an established
market.
5.7 Accounting for Participants' Contributions: Contributions by or on behalf of each
Participant shall be credited to his Participant Nondeductible Contribution Account, Participant
Mandatory Contribution Account, Participant Deductible Contribution Account, Catch -Up
Contribution Account, Pick -Up Contribution Account, or Participant Deferred Compensation
Contribution Account as deposited with the Trustee..
5.8 Accounting for Statement of Account: As soon as is administratively feasible, the
Committee shall present to each Participant a statement of such Participant's Accounts, at least
annually, showing the balances at the begirming of the reported period, any changes during the
reported period, the balances at the end of the reported period, and such other information as the
V -1
Committee may deterntine. However, neither the maintenance of accounts, the allocations to
Accounts, nor the statements of account shall operate to vest in any Participant any right or
interest in or to the Fund except as the Plan specifically provides herein.
5.9 Time of Adjustment: Each adjustment required by this Article V shall be deemed to
have been made at the times specified in this Article V' regardless of the dates of actual entries
or receipts by the Trustee of contributions for such Plan Year.
5.10 Special Valuation Date: If the Committee determines that a substantial change in the
value of any Investment Fund has occurred since the last Valuation Date, the Committee may,
prior to the next Valuation Date, establish one or more Special Valuation Dates and determine
the adjustment required to make the total net credit balance in the Accounts of the then
Participants equal to the then market value of the total assets of the Fund. Such adjustments shall
be made consistent with the procedure specified in Section 5.5. Having determined such
adjustment, all distributions which are to be made as of or after such special Valuation Date, but
prior to the next succeeding Valuation Date or Special Valuation Date, shall be made as if the net
credit balances in all Accounts had actually been credited or debited to reflect the adjustment
provided by this Section.
5.11 Limitation on Allocation of Employer Contributions: The following provisions will
be applicable in determining if the Plan and the Employer contributions thereto satisfy the
requirements of Section 415 of the Code and the regulations thereunder. Except to the extent
permitted under Section 4.8(c) of this Plan and Section 414(v) of the Code, if applicable, the
Annual Additions that may be contributed or allocated to a Participant's Accounts under the Plan
for any limitation year shall not exceed the Maximum Permissible Amount.
(a) Definitions: For the purposes of this Section the following definitions shall be
applicable:
(i) Annual Additions: For purposes of the Plan, "Annual Additions" shall
mean the amount allocated to a Participant's Account during the Limitation Year that constitutes:
(1) Employer contributions,
(2) Employee Deferred Compensation Contributions or Roth
Contributions (excluding excess deferrals that are distributed in accordance with Treas. Reg.
§ 1.402(g)- 1(e)(2) or (3)),
(3) Forfeitures, and
(4) Amounts allocated to an individual medical account, as defined in
Section 415(1)(2) of the Code, which is part of a pension or annuity plan maintained by the
Employer are treated as annual additions to a defined contribution plan; and amounts derived
from contribution plans or accrued after December 31, 1985, and taxable years ending after such
date, which are attributable to post - retirement medical benefits, allocated to the separate account
of a key employee, as defined in Section 419(A)(d)(3) of the Code, under a welfare benefit fund,
as defined in Section 419(e) of the Code, maintained by the Employer are treated as annual
addition to a defined contribution plan.
V -2
Annual additions for purposes of Code § 415 shall not include restorative payments. A
restorative payment is a payment made to restore losses to a Plan resulting from actions by a
fiduciary for which there is reasonable risk of liability for breach of a fiduciary duty under
federal or state law, where participants who are similarly situated are treated similarly with
respect to the payments. Generally, payments are restorative payments only if the payments are
made in order to restore some or all of the Plan's losses due to an action (or a failure to act) that
creates a reasonable risk of liability for such a breach of fiduciary duty (other than a breach of
fiduciary duty arising from failure to remit contributions to the Plan). This includes payments to
a plan made pursuant to a court- approved settlement, to restore losses to a qualified defined
contribution plan on account of the breach of fiduciary duty (other than a breach of fiduciary
duty arising from failure to remit contributions to the Plan). Payments made to the Plan to make
up for losses due merely to market fluctuations and other payments that are not made on account
of a reasonable risk of liability for breach of a fiduciary duty are not restorative payments and
generally constitute contributions that are considered annual additions.
Annual additions for purposes of Code § 415 shall not include: (1) The direct transfer of a
benefit or employee contributions from a qualified plan to this Plan; (2) rollover contributions (as
described in Code §§ 401(a)(31), 402(c)(1), 403(a)(4), 403(b)(8), 408(d)(3), and 457(e)(16));
(3) repayments of loans made to a participant from the Plan; and (4) repayments of amounts
described in Code § 411(a)(7)(S) (in accordance with Code § 411(a)(7)(C)) and Code
§ 411(a)(3)(D), as well as Employer restorations of benefits that are required pursuant to such
repayments.
If, in addition to this Plan, the Participant is covered under another qualified plan which is a
defined contribution plan maintained by the Employer, a welfare benefit fund, as defined in
Section 419(e) of the Code maintained by the Employer, or an individual medical benefit
account, as defined in Section 415(1)(2) of the Code maintained by the Employer, which
provides for Annual Additions during any Limitation Year, then the Annual Additions which
may be credited to a Participant's Account under this Plan for any such Limitation Year will not
exceed the Maximum Permissible Amount reduced by the Annual Additions credited to a
Participant's Account under the other plans and welfare benefit funds for the same Limitation
Year. If the Annual Additions with respect to the Participant under other defined contribution
plans and welfare benefit plans maintained by the Employer are less than the Maximum
Permissible Amount and the Employer contribution that would otherwise be contributed or
allocated to the Participant's Account under this Plan would cause the Annual Additions for the
Limitation Year to exceed this limitation, the amount contributed or allocated will be reduced so
that the Annual Additions under all such plans and funds for the Limitation Year will equal the
Maximum Permissible Amount. If the Annual Additions with respect to the Participant under
such other defined contribution plans and welfare benefit funds in the aggregate are equal to or
greater than the Maximum Permissible amount, no excess amount will be contributed or
allocated to a Participant's Account under this Plan for the Limitation Year.
(ii) Actual Compensation: The words "Actual Compensation" shall mean a
Participant's wages, sables, and fees for professional services and other amounts received
without regard to whether or not an amount is paid in cash for personal services actually
rendered in the course of employment with the Employer, to the extent that the amounts are
includible in gross income (or to the extent amounts deferred at the election of the Employee
V -3
would be includible in gross income but for the rules of Sections 125, 132 (for limitation years
beginning after December 31, 2001), 402(e)(3), 402(h)(1)(B), 402(k), or 457(b) of the Code).
These amounts include, but are not limited to, commissions paid salesmen, compensation for
services on the basis of a percentage of profits, commissions on insurance premiums, tips and
bonuses, fringe benefits, and reimbursements or other expense allowances under a
nonaccountable plan as described in Treas. Reg. §1.62-2(c)). For years beginning after
December 31, 2008, (i) an individual receiving a differential wage payment, as defined by Code
§3401(h)(2), is treated as an employee of the employer making the payment, (ii) the differential
wage payment is treated as Actual Compensation, and (iii) the Plan is not treated as failing to
meet the requirements of any provision described in Code §414(u)(1)(C) by reason of any
contribution or benefit which is based on the differential wage payment.
For purposes of applying the limitations described in Section 5.11 of the Plan, Compensation
paid or made available during such limitation years shall include elective amounts that are not
includable in the gross income of the employee by reason of Code Section 132(f)(4).
Actual Compensation shall be adjusted, as set forth herein, for the following types of
compensation paid after a Participant's severance from employment with the Employer
maintaining the Plan (or any other entity that is treated as the Employer pursuant to Code
§ 414(b), (c), (m) or (o)). However, amounts described in Subsections (a) and (b) below may
only be included in Actual Compensation to the extent such amounts are paid by the later of 2%z
months after severance from employment or by the end of the limitation year that includes the
date of such severance from employment. Any other payment of compensation paid after
severance of employment that is not described in the following types of compensation is not
considered Actual Compensation within the meaning of Code § 415(:)(3), even if payment is
made within the time period specified above.
(b) Regular Pay: Actual Compensation shall include regular pay after severance of
employment if.
(1) The payment is regular compensation for services during the Participant's
regular working hours, or compensation for services outside the Participant's regular working
hours (such as overtime or shift differential), commissions, bonuses, or other similar payments;
and
(2) The payment would have been paid to the Participant prior to a severance
from employment if the Participant had continued in employment with the Employer.
(c) Leave Cashouts and Deferred Compensation: Leave cashouts shall not be
included in Actual Compensation. In addition, deferred compensation shall be included in
Actual Compensation.
(d) Salary Continuation Payments for Disabled Participants: Actual
Compensation does not include compensation paid to a Participant who is permanently and
totally disabled (as defined in Code § 22(e)(3)).
(i) Excess Amount: The words "Excess Amount" shall mean the excess of
the Participant's Annual Additions for the applicable Limitation Year over the Maximum
WE,
Permissible Amount.
(ii) Maximum Permissible Amount: The words "Maximum Permissible
Amount" shall mean for the applicable Limitation Year, the "maximum permissible amount"
(except for Employee Catch -Up Contributions under Section 414(v) of the Code) which may be
contributed or allocated to or made with respect to any Participant which amount shall be the
lesser of:
(1) $40,000, as adjusted for cost -of- living under Code Section 415(d)
the "Defined Contribution Dollar Limitation," or
(2) 100% of the Participant's Actual Compensation for the Limitation
Year.
The compensation limitation referred to above shall not apply to: any contribution for medical
benefits (within the meaning of Section 419A(f)(2) of the Code) after separation from service
which is otherwise treated as an Annual Addition, or any amount otherwise treated as an Annual
Addition under Section 415(1)(1) of the Code.
(e) Determination of Excess: If an excess amount was allocated to a Participant on
an allocation date of this Plan which coincides with an allocation date of another plan, the excess
amount attributed to this Plan will be the product of (1) the total excess amount allocated as of
such date times (2) the ratio of (i) the Annual Additions allocated to the Participant for the
Limitation Year as of such date under this Plan to (ii) the total Annual Additions allocated to the
Participant for the Limitation Year as of such date under this and all other qualified plans wluch
are defined contribution plans.
(f) Treatment of Excess: Notwithstanding any provision of the Plan to the contrary,
if the annual additions (within the meaning of Code § 415) are exceeded for any participant, then
the Plan may be able to correct such excess in accordance with the Employee Plans Compliance
Resolution System (EPCRS) as set forth in Revenue Procedure 2013 -12 or any superseding
guidance, including, but not limited to, the preamble of the final § 415 regulations. However,
EPCRS may not be available in all situations.
5.12 Investment Options:
(a) Self- Directed: If the Employer elects in the Joinder Agreement, each Participant
in the Plan is hereby given the specific authority to direct the investment of all or any portion of
his Accounts in one or more Investment Options provided under this Plan in accordance with the
procedures established by the Committee. If a Participant does not designate an Investment
Option for his Accounts, his Accounts will be invested in the Balanced Fund or such other
Investment Option as may be designated by the Trustees. For purposes of this Section, the
Participants shall be exercising full investment control, discretion, authority and fiduciary
responsibility as provided in this Plan of the investments in such Participants' applicable
Accounts.
V -5
(b) Non - Self - Directed: I£ the Employer does not elect in the Joinder Agreement to
allow self - directed investments, all Accounts will be invested in the Balanced Fund or such other
Investment Option as may be designated by the Trustees.
V -6
ARTICLE VI.
Benefits
6.1 Retirement or Disability: If a Participant's employment with the Employer is
terminated when he attains age sixty -five (65), or if a Participant's employment is terminated at
an earlier age as the result of a Disability, he shall be entitled to receive the entire amount of his
Municipality Contribution Account.
6.2 Deferred Retirement: If a Participant, with the consent of the Employer, shall continue
in active employment following his Normal Retirement Date, he shall continue to participate
under the Plan. Upon actual retirement, such Participant shall be entitled to receive the entire
amount of his Municipality Contribution Account as of his actual retirement date.
6.3 Death of a Participant: Upon the death of a Participant, his Beneficiary shall be entitled
to receive the entire amount of his Municipality Contribution Account and Participant
Contribution Accounts as of the date of his death. In the case of a death occurring on or after
January 1, 2007, if a Participant dies while performing qualified military service (as defined in
Code § 414(u)), the survivors of the Participant are entitled to any additional benefits (other than
benefit accruals relating to the period of qualified military service) provided under the Plan as if
the Participant had resumed and then terminated employment on account of death.
6.4 Termination for Other Reasons - Vested Percentage: If a Participant's employment
with the Employer is terminated before his Normal Retirement Date for any reason other than
Disability or death, except as provided in Section 6.12 hereof, he shall be entitled to an amount
equal to the vested percentage of his Municipality Contribution Account. Such vested
percentage shall be determined as of the date of termination in accordance with the election of
the Employer in the Joinder Agreement.
6.5 Initial Distribution Date: The date of initial distribution ("Initial Distribution Date ") of
a Participant whose employment is terminated and provided that the Participant requests a
distribution, shall be as soon as practicable following his termination of employment and he shall
be entitled to the vested percentage of his Accounts on such Initial Distribution Date payable in
accordance with the provisions of Section 6.10. The portion of the Employer's contribution, the
Amounts Forfeited or the periodic adjustment which is allocated to a Participant terminated for the
reasons specified in Section 6.4 after such Initial Distribution Date shall be payable in accordance
with the method utilized under Section 6.10 as soon as practicable.
6.6 Determination of Amounts Forfeited: Upon a distribution pursuant to Section 6.4 or if
the Participant incurs a Break in Service, the forfeited percentage of a Participant's Municipality
Contribution Account, if any, shall be deducted from the Participant's Account. Such Amounts
Forfeited shall become available for allocation in accordance with Item 8 of the Joinder
Agreement as of the end of the calendar quarter following the Valuation Period in which the
terminated Participant forfeited such amounts.
6.7 Participant Contribution Accounts: A Participant shall be fully vested in his
Participant Contribution Accounts at all times. A Participant's Contribution Account balances
shall be paid to him in connection with the distribution to him of the vested portion of his
VIA
Municipality Contribution Account on or after his Initial Distribution Date. Such distributions
shall be made in accordance with Section 6.10 and Section 6.8,
6.8 Withdrawals from Participant's Contribution Accounts: In accordance with the
provisions hereof, a Participant may withdraw all or any part of his Participant Contribution
accounts by filing a written application with the Administrator. Such withdrawal shall be
effective no sooner than thirty (30) (unless waived by the Participant) but not later than ninety
(90) days after the Participant's receipt from the Plan Administrator of a rollover notice required
by Code Section 402(f). A Participant who withdraws all or part of his Participant Contribution
Account balances shall not forfeit his proportionate share of net income, gains and profits, if any,
for the Valuation Periods previously allocated to his Participant Contribution Accounts, nor any
portion of his Municipality Contribution Account but the Participant's Contribution Accounts
shall not share (to the extent of any withdrawals) in any net income for the Valuation Period in
which the withdrawal occurs. For any distribution notice issued in Plan Years beginning after
December 31, 2006, any reference to the 90 -flay maximum notice period prior to distribution in
applying the notice requirements of Code § §402(f) (the rollover notice), or 411(a)(11)
(Participant's consent to distribution) will become 180 days.
(a) Participant Deductible Contribution Account: If allowed in the Joinder
Agreement, a Participant may withdraw all or any part of his Participant Deductible Contribution
Account (but not to exceed the amount in his Participant Deductible Contribution Account at the
time of withdrawal) by filing a written application with the Plan Administrator. Such withdrawal
may be made no more often than once a year. If at the time of the withdrawal the Participant has
not attained age 59%2 or is not disabled, the Participant will be subject to a federal income tax
penalty unless such withdrawal is rolled over to a qualified plan or individual retirement account
within sixty (60) days of the date of distribution.
(b) Participant Nondeductible Contribution Account: A Participant may withdraw
all or any part of his Participant Nondeductible Contribution Account by filing a written
application with the Plan Administrator.
(c) Participant Deferred Compensation Contribution Account: Notwithstanding
any other provision of this Plan, no amount in a Participant's Deferred Contribution Account may
be distributed to a Participant earlier than such Participant's retirement, death, Disability, or
severance from employment. The above distribution requirements shall be strictly interpreted by
the Plan Administrator to conform with the requirements of Section 401(k) of the Code and future
amendments or Internal Revenue Service interpretations thereof. If a Participant is allowed to
withdraw from his Participant Deferred Compensation Contribution Account, the provisions of the
first paragraph of this Section 6.8 shall apply to such withdrawals. Notwithstanding the foregoing,
for purposes of Code §401(k)(2)(B)(i)(I), effective January 1, 2009, an individual is treated as
having been severed from employment during any period the individual is performing service in
the uniformed services described in Code §3401(h)(2)(A). If an individual elects to receive a
distribution by reason of severance from employment, death or disability, the individual may not
make an elective deferral or employee contribution during the 6 -month period beginning on the
date of the distribution.
VI -2
(d) Pick -up Contribution Account: Notwithstanding any other provision of this
Plan, no amount in a Participant's Pick -Up Contribution Account may be distributed to a
Participant earlier than such Participant's retirement, death, Disability, or separation from
service. If a Participant is allowed to withdraw from his Pick -Up Contribution Account, the
provisions of the first paragraph of this Section 6.8 shall apply.
6.9 Withdrawals from Participant's Mandatory Contribution Account: A Participant
may not withdraw any portion of his Participant Mandatory Contribution Account prior to the
termination of his employment. Such account balances will be paid at the same time and in the
same manner as such Participant's Municipality Contribution Account.
6.10 Methods of Distribution: On and after each Participant's Initial Distribution Date, after
all adjustments to his Accounts required as of such date shall have been made, distribution of his
share shall be made to or for the benefit of the Participant or, in case of his death, to or for the
benefit of his Beneficiary, by one of the following methods, as determined by the Committee:
(a) a lump sum distribution;
(b) an installment distribution consisting of approximately equal installments for a term
not exceeding ten (10) years;
(c) an installment distribution consisting of approximately equal installments for a term
not extending beyond the joint life expectancy (as calculated in accordance with Income Tax
Regulation section 1.72 -9) on the Initial Distribution Date of the Participant and his spouse;
(d) periodic distributions as designated by the Participant or Beneficiary; or
(e) purchase of an annuity.
Commencement of payments under the method of distribution selected shall be as of the initial
Distribution Date of the Participant, provided that for administrative convenience, such
commencement may be delayed as reasonably necessary but in no event for more than sixty (60)
days after a reasonable time for all administrative calculations, allocations and accounting
Operations necessary to determine the amount of the distribution. The Committee, in its sole
discretion, may accelerate the payment of any unpaid installments. If a former Participant
receiving installment payments dies prior to the receipt by him of the full amount to be paid to him
from his Participant Accounts, the remaining installments shall be paid to his Beneficiary. Under
no circumstance may a method of payment be elected that would be expected to cause more than
fifty percent (50 1/o) of the present value of any series of payments to go to a person other than the
Participant.
6.11 Designation of Beneficiary: Each Participant shall designate his Beneficiary on a form
provided by the Committee and such designation may include primary and contingent
Beneficiaries. If Participant designates more than one Beneficiary, each shall share equally
unless the Participant specifies a different allocation. The designation may be changed at any
time by filing a new form with the Committee. In the absence of such written designation, the
surviving spouse, if any, of the Participant shall be deemed to be the designated Beneficiary, and
otherwise the estate of such Participant. Further, the written designation of the Participant's
VI -3
spouse may be voided upon divorce of the Participant if required by applicable state law. In all
events, the date of determination of a Participant's Beneficiary shall be the date of death of a
Participant. Production of a certified copy of the death certificate of any Participant or other
persons shall be sufficient evidence of death, and the Committee shall be fully protected in
relying thereon.
6.12 Loss of Benefits for Cause: [Reserved]
6.13 Payments Under a Qualified Domestic Relations Order
(a) The Municipality shall follow the terms of any "Qualified Domestic Relations
Order" as defined in Subsection (b) below issued with respect to a Participant where such
Qualified Domestic Relations Order grants to an " Alternate Payee" rights in the benefit of the
Participant.
(b) The term "Qualified Domestic Relations Order" means an order issued by the
District Court of the State of Oklahoma pursuant to the domestic relations laws of the State of
Oklahoma which relates to the provision of marital property rights to a spouse or former spouse of
a Participant and which creates or recognizes the existence of an Alternate Payee's right to, or
assigns to an Alternate Payee the right to receive a portion of the benefits payable with respect to a
Participant of the Plan.
(c) To qualify as an Alternate Payee, a spouse or former spouse must have been
married to the Participant for a period of not less than thirty (30) continuous months immediately
preceding the commencement of the proceedings from which the Qualified Domestic Relations
Order issues.
(d) A Qualified Domestic Relations Order is valid and binding on the Trustees and the
Participant only if it meets the requirements of this Section.
(e) A Qualified Domestic Relations Order shall clearly specify:
1) the name, social security number, and last -known mailing address (if any)
of the Participant, and the name and mailing address of the alternative payee covered by the order;
2) the amount or percentage of the Participant's benefits to be paid by the Plan
to the Alternate Payee;
3) the characterization of the benefit as to marital property rights, and whether
the benefit ceases upon the death or remarriage of the Alternate Payee; and,
4) each plan to which such order applies.
(f) A Qualified Domestic Relations Order meets the requirements of this Section only
if such order:
1) does not require the Plan to provide any type or form of benefit, or any
option not otherwise provided under the Plan;
VI -4
2) does not require the Plan to provide increased benefits; and,
3) does not require the payment of benefits to an Alternate Payee which are
required to be paid to another Alternate Payee pursuant to another order previously determined to
be a Qualified Domestic Relations Order, or an order recognized by the Plan as a valid order prior
to the effective date of the Plan.
(g) A Qualified Domestic Relations Order shall not require payment of benefits to an
Alternate Payee prior to the actual retirement date or withdrawal of the related member.
(h) In the event a Qualified Domestic Relations Order requires the benefits payable to
an Alternate Payee to terminate upon the remarriage of said Alternate Payee, the Plan shall
terminate said benefit only upon the receipt of a certified copy of a marriage license, or a copy of a
certified order issued by the Court that originally issued said Qualified Domestic Relations Order
declaring the remarriage of said Alternate Payee.
(i) This Section of the Plan shall not be subject to the provisions of the Employee
Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. Section 1001, et seq., as amended
from time to time, or rules and regulations promulgated thereunder, and court cases interpreting
said Act.
(j) Effective on or after April 6, 2007, a domestic relations order that otherwise
satisfies the requirements for a QDRO will not fail to be a QDRO: (i) solely because the order is
issued after, or revises, another domestic relations order or QDRO; or (ii) solely because of the
time at which the order is issued, including issuance after the annuity starting date.
(k) The Board of Trustees of the Oklahoma Municipal Retirement Fund shall
promulgate such rules as are necessary to implement the provisions of this Section,
(1) An Alternate Payee who has acquired beneficiary rights pursuant to a valid
Qualified Domestic Relations Order must fully comply with all provisions of the rules promulgated
by the Trustees pursuant to this Section in order to continue receiving his or her benefits.
(m) Nothing in this Section shall grant a spouse or former spouse of a Participant any
property rights in the benefits of any Participant except as specifically authorized for Qualified
Domestic Relations Orders, and no spousal consent shall be required for a Participant to elect or
change elections pertaining to a benefit payable under this Plan.
6.14 Loans to Participants:
(a) General: The Committee, in its sole discretion, may direct Trustees to make
loans to Participants upon the written direction and application of the Participant who desires to
effect such loan, up to 50% of the vested balance of a Participant's Accounts. All such loans
(i) shall not be made available to Highly Compensated Employees (as defined in Section 414(q)
of the Code) in an amount greater than the amount made available to other Employees, (ii) shall
be available to all Participants on a nondiscriminatory basis, (iii) shall be made available in an
amount equal to the lesser of 50% of the borrowing Participant's vested Benefit in his Account
or $50,000, (iv) shall bear a reasonable rate of interest which will be established by the
VI -5
Committee, (v) shall be secured by the borrowing Participant's Benefit account balance
attributable to his Account, (vi) shall be amortized and repaid in level payments of principal and
interest made not less frequently than monthly, over the term of the loan, (vii) shall be repaid by
payroll reduction while the Participant is employed; (viii) shall accelerate and be due in full on
the date a Participant terminates employment with the Employer; (ix) shall not be less than
$1,000 in amount each; and (x) shall be made upon such other reasonable terms which the
Committee shall designate, such terms being applied in a nondiscriminatory fashion; provided, in
no event shall any loan have a term in excess of five years. There shall not be more than one
loan outstanding at any time with respect to a Participant. No Participant who has borrowed
from the Plan may make another loan until the previous loan has been fully repaid. Outstanding
loans are not subject to refinancing by a new loan. Upon direction by the Committee, and
subject to Subsection (c) below, the Trustees may foreclose upon such Participant's interest in
his Account in the event of default. A loan to a Participant, when added to the outstanding
balance of all other loans to the Participant from the Plan and other plans sponsored by the
Employer, caimot exceed $50,000, reduced by the excess of the highest outstanding balance of
loans from the Plan (and all other plans sponsored by the Employer) during the one -year period
ending on the day before the date the loan is made over the outstanding balance of the loans from
the Plan on the date the loan is made. No distribution of a Benefit shall be made to any
Participant, Beneficiary or the estate of a Participant unless and until all unpaid loans made by
the Plan to such Participant together with accrued interest have been paid in full. In determining
if any of the foregoing limitations regarding the making of loans to Participants, loans made
under all other plans (i) sponsored by the Employer and (ii) qualified under Sections 401(a) and
501(a) of the Code will be considered. All costs and expenses of any loan will be charged to the
applicable Accounts of the Participant.
(b) Establishment of Loan Account: At such time as it is determined that a
Participant is to receive a loan from the Plan, the loan shall be made from the Participant's
applicable Account in the order and precedence indicated hereafter and such amount shall be
deemed to be credited to the Participant's Loan Account with a corresponding debit to occur to
his Account: (i) first, an Account holding Employer contributions, including "rollover
contributions" (other than Deferred Compensation Contributions, if applicable); (ii) second, an
Account holding Deferred Compensation Contributions, if applicable; and (iii) third, an Account
holding contributions picked up and assumed by the Employer pursuant to Section 4.7 of this
Plan. All interest payments to be made pursuant to the terms and provisions of the loan shall be
credited to the applicable Account in such a manner so that the Loan Account will reflect unpaid
principal and interest from time to time. The earnings attributable to the Loan Account shall be
allocable only to the Loan Account of such Participant and shall not be considered as general
earnings of the Trust Fund to be allocated to the other Participants therein as provided herein.
Other than for the limited purposes of establishing a separate account for the allocation of the
interest thereto, a Participant's Loan Account shall, for all other purposes, be considered as part
of his applicable Account.
(c) Foreclosure of Loan Account: The Trustees may foreclose upon such
Participant's interest in his Account in the event of default under the loan made to the Participant
under this Section.
VI -6
(d) Special Restrictions on Foreclosure: In the event of default under a loan made
under this Section, foreclosure under the promissory note evidencing such loan and attachment
of the Participant's interest in his applicable Accounts shall occur within a reasonable time
following the event of default; provided, with respect to any portion of a loan secured by
amounts governed under Section 401(k) of the Code, if applicable, foreclosure on such 401(k)
amounts shall not occur until the occurrence of an event described under Section 401(k) of the
Code which would otherwise permit a distribution to be made from the Plan.
(e) Establishment of Loan Program: The Trustees are hereby authorized and
directed to establish a "loan program" (the "Loan Program ") and the Trustees are further
authorized to delegate to the Committee the duties and responsibilities with regard to the
implementation of the Loan Program as adopted by the Trustees for and on behalf of the Plan.
The Loan Program shall be considered to be a part of this Plan for the purposes stated in the
Loan Program.
(f) Loan Account: The words "Loan Account" shall mean a Participant's separate
Account established in the event he desires to make a loan from his applicable Account as
provided in this Section 6.14.
6.15 Required Minimum Distributions: The provisions of this Section 6.15 will apply for
purposes of determining Required Minimum Distributions for distribution calendar years
beginning with the 2003 calendar year, as well as Required Minimum Distributions for the 2002
Distribution Calendar Years that are made on or after August 1, 2002. The requirements of this
Section will take precedence over any inconsistent provisions of the Plan. All distributions
required under this Section will be determined and made in accordance with the Treasury
regulations under Section 401(a)(9) and the minimum distribution incidental benefit requirement
of Section 401(a)(9)(G) of the Internal Revenue Code. Notwithstanding the other provisions of
this Section, distributions may be made under a designation made before January 1, 1984, in
accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and
the provisions of the Plan that relate to Section 242(b)(2) of TEFRA.
(a) Limits on Distribution Periods: As of the first distribution calendar year,
distributions, if not made in a single -sum, may only be made over one of the following periods
(or a combination thereof): (1) the life of the participant; (2) the life of the participant and a
designated beneficiary; (3) a period certain not extending beyond the life expectancy of the
participant; or (4) a period certain not extending beyond the joint and last survivor expectancy of
the participant and a designated beneficiary.
(b) Time and Manner of Distribution:
(i) Required Beginning Date. The Participant's entire interest will be
distributed, or begin to be distributed, to the Participant no later than the Participant's Required
Beginning Date. For purposes of this Section, the "Required Beginning Date" of a Participant is
the April 1 of the calendar year following the later of the calendar year in which the Participant
attains age 70'/� or the calendar year in which the Participant retires.
VI -7
(ii) Death of Participant Before Distributions Begin, If the Participant dies
before distributions begin, the Participant's entire interest will be distributed, or begin to be
distributed, no later than as follows:
(1) If the Participant's surviving spouse is the Participant's sole
designated Beneficiary, then, distributions to the surviving spouse will begin by December 31 of
the calendar year immediately following the calendar year in which the Participant died, or by
December 31 of the calendar year in which the Participant would have attained age 70%:, if later.
(Z) If the Participant's surviving spouse is not the Participant's sole
designated Beneficiary, then, distributions to the designated Beneficiary will begin by December
31 of the calendar- year immediately following the calendar year in which the Participant died.
(3) If there is no designated Beneficiary as of September 30 of the year
following the year of the Participant's death, the Participant's entire interest will be distributed
by December 31 of the calendar year containing the fifth anniversary of the Participant's death.
(4) If the Participant's surviving spouse is the Participant's sole
designated Beneficiary and the surviving spouse dies after the Participant but before distributions
to the surviving spouse begin, this Subsection (ii), other than Subsection (ii)(1), will apply as if
the surviving spouse were the Participant.
For purposes of this Subsection (ii) and Subsection (d), unless Subsection (ii)(1) applies,
distributions are considered to begin on the Participant's Required Beginning Date. If
Subsection (ii)(1) applies, distributions are considered to begin on the date distributions are
required to begin to the surviving spouse under Subsection (ii)(4), If distributions under an
annuity purchased from an insurance company irrevocably commence to the Participant before
the Participant's Required Beginning Date (or to the Participant's surviving spouse before the
date distributions are required to begin to the surviving spouse under Subsection (ii)(4)), the date
distributions are considered to begin is the date distributions actually commence.
(iii) Forms of Distribution. Unless the Participant's interest is distributed in
the form of an annuity purchased from an insurance company or in a single sum on or before the
Required Beginning Date, as of the first distribution calendar year distributions will be made in
accordance with Subsections (c) and (d) of this Section. If the Participant's interest is distributed
in the form of an annuity purchased from an insurance company, distributions thereunder will be
made in accordance with the requirements of Section 401(a)(9) of the Code and the Treasury
regulations.
(e) Required Minimum Distributions During Participant's Lifetime:
(i) Amount of Required Minimum Distribution For Each Distribution
Calendar Year. During the Participant's lifetime, the minimum amount that will be distributed
for each distribution calendar year is the lesser of:
(1) the quotient obtained by dividing the Participant's Account balance
by the distribution period in the Uniform Lifetime Table set forth in Section 1.401(a)(9) -9,
VI-8
Q &A -2, of the Treasury regulations, using the Participant's age as of the Participant's birthday in
the distribution calendar year; or
(2) if the Participant's sole designated Beneficiary for the distribution
calendar year is the Participant's spouse, the quotient obtained by dividing the Participant's
Account balance by the number in the Joint and Last Survivor Table set forth in Section
1.401(a)(9) -9, Q &A -3, of the Treasury regulations, using the Participant's and spouse's attained
ages as of the Participant's and spouse's birthdays in the distribution calendar year.
(ii) Lifetime Required Minimum Distributions Continue Through Year of
Participant's Death. Required minimum distributions will be determined under this Subsection
(c) beginning with the first distribution calendar year and up to and including the distribution
calendar year that includes the Participant's date of death.
(d) Required Minimum Distributions After Participant's Death:
(i) Death On or After Date Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the
Participant dies on or after the date distributions begin and there is a designated Beneficiary, the
minimum amount that will be distributed for each distribution calendar year after the year of the
Participant's death is the quotient obtained by dividing the Participant's Account balance by the
longer of the remaining life expectancy of the Participant or the remaining life expectancy of the
Participant's designated Beneficiary, determined as follows:
a. The Participant's remaining life expectancy is calculated
using the age of the Participant in the year of death, reduced by one for each subsequent year.
b. If the Participant's surviving spouse is the Participant's sole
designated Beneficiary, the remaining life expectancy of the surviving spouse is calculated for
each disribution calendar year after the year of the Participant's death using the surviving
spouse's age as of the spouse's birthday in that year. For distribution calendar years after the
year of the surviving spouse's death, the remaining life expectancy of the surviving spouse is
calculated using the age of the surviving spouse as of the spouse's birthday in the calendar, year
of the spouse's death, reduced by one for each subsequent calendar year.
C. If the Participant's surviving spouse is not the Participant's
sole designated Beneficiary, the designated Beneficiary's remaining life expectancy is calculated
using the age of the Beneficiary in the year following the year of the Participant's death, reduced
by one for each subsequent year.
(2) No Designated Beneficiary. If the Participant dies on or after the
date distributions begin and there is no designated Beneficiary as of September 30 of the year
after the year of the Participant's death, the minimum amount that will be distributed for each
distribution calendar year after the year of the Participant's death is the quotient obtained by
dividing the Participant's Account balance by the Participant's remaining life expectancy
calculated using the age of the Participant in the year of death, reduced by one for each
subsequent year.
VI -9
(ii) Death Before Date Distributions Begin.
(1) Participant Survived by Designated Beneficiary. If the
Participant dies before the date distributions begin and there is a designated Beneficiary, the
minimum amount that will be distributed for each distribution calendar year after the year of the
Participant's death is the quotient obtained by dividing the Participant's Account balance by the
remaining life expectancy of the Participant's designated Beneficiary, determined as provided in
Subsection (i).
(2) No Designated Beneficiary. If the Participant dies before the date
distributions begin and there is no designated Beneficiary as of September 30 of the year
following the year of the Participant's death, distribution of the Participant's entire interest will
be completed by December 31 of the calendar year containing the fifth anniversary of the
Participant's death.
(3) Death of Surviving Spouse Before Distributions to Surviving
Spouse Are Required to Begin. If the Participant dies before the date distributions begin, the
Participant's surviving spouse is the Participant's sole designated Beneficiary, and the surviving
spouse dies before distributions are required to begin to the surviving spouse under Subsection
(b)(ii)(1), this Section 6.15(ii) will apply as if the surviving spouse were the Participant.
(e) Definitions:
(i) Designated Beneficiary. The individual who is designated as the
Beneficiary under Section 6.11 of the Plan and is the designated Beneficiary under Section
401(a)(9) of the Internal Revenue Code and Section 1.401(a)(9) -4 of the Treasury regulations.
(ii) Distribution Calendar Year. A Calendar Year for which a minimum
distribution is required. For distributions beginning before the Participant's death, the first
Distribution Calendar Year is the calendar year immediately preceding the Calendar Year which
contains the Participant's Required Beginning Date. For distributions beginning after the
Participant's death, the first Distribution Calendar Year is the calendar year in which
distributions are required to begin under Subsection (b)(ii). The Required Minimum Distribution
for the Participant's first Distribution Calendar Year will be made on or before the Participant's
Required Beginning Date, The Required Minimum Distribution for other Distribution Calendar
Years, including the Required Minimum Distribution for the Distribution Calendar Year in
which the Participant's Required Beginning Date occurs, will be made on or before December 31
of that distribution calendar year.
(iii) Life Expectancy. Life Expectancy as computed by use of the Single Life
Table in Section 1.401(a)(9) -9, Q &A -I of the Treasury regulations.
(iv) Participant's Account Balance. The Account Balance as of the last
valuation date in the calendar year immediately preceding the distribution calendar year
(valuation calendar year) increased by the amount of any contributions made and allocated or
forfeitures allocated to the Account Balance as of dates in the valuation calendar year after the
valuation date and decreased by distributions made in the valuation calendar year after the
valuation date. The Account Balance for the valuation calendar year includes any amounts
VI -10
rolled over or transferred to the Plan either in the valuation calendar year or in the distribution
calendar year if distributed or transferred in the valuation calendar year.
(f) Waiver of 2009 Required Distributions: Notwithstanding the preceding
subsections of this Article, a Participant or Beneficiary who would have been required to receive
Required Minimum Distributions for 2009 but for the enactment of Section 401(a)(9)(1i) of the
Code ( "2009 RMDs "), and who would have satisfied that requirement by receiving distributions
that are (1) equal to the 2009 RMDs or (2) one or more payments in a series of substantially
equal distributions (that include the 2009 RMDs) made at least annually and expected to last for
the life (or life expectancy) of the Participant, the joint lives (or joint life expectancy) of the
Participant and the Participant's designated Beneficiary, or for a period of at least 10 years
("Extended 2009 RMDs "), will receive those distributions for 2009 unless the Participant or
Beneficiary chooses not to receive such distributions. Participants and Beneficiaries described in
the preceding sentence will be given the opportunity to elect to stop receiving the distributions
described in the preceding sentence. A direct rollover will be offered only for distributions that
would be eligible rollover distributions without regard to Section 401(a)(9)(I).
6.16 Withdrawals from Participant Rollover Account: A Participant may request and
receive a distribution from his Participant Rollover Account at any time, even if he or she has not
terminated employment, unless the rollover was from a defined benefit retirement plan
sponsored by the Employer.
6.17 Forfeiture of Benefits: [Reserved]
VI -11
ARTICLE VII.
Notices
7.1 Notice to Oklahoma Municipal Retirement Fund: As soon as practicable after a
Participant ceases to be in the employ of the Employer, the Committee shall give written notice
to the Oklahoma Municipal Retirement Fund. The notice shall include such of the following
information and directions as are necessary or advisable under circumstances:
(a) name and address of the Participant;
(b) reason he ceased to be in the Employer's employ;
(c) name and address of the Beneficiary or Beneficiaries in case of Participant's
death;
(d) percentage or amount to which such Participant is entitled in case of termination
of employment;
(e) time, mamier and amount of payments to be made to such Participant; and
(f) information required to complete the Trustee's Withholding Election Form.
As soon as practicable after the Committee learns of the death of a Participant, it shall give like
notice to the Oklahoma Municipal Retirement Fund.
7.2 Subsequent Notices: At any time and from time to time after giving the notice as
provided for in Section 7.1, the Committee may modify such original notice or any subsequent
notice by means of a further written notice or notices to the Oklahoma Municipal Retirement
Fund, but any action taken or payments made by the Oklahoma Municipal Retirement Fund
pursuant to a prior notice shall not be affected by a subsequent notice.
7.3 Copy of Notice: A copy of each notice provided for in Sections 7.1 and 7.2 shall be
mailed by the Committee to the Participant or to each Beneficiary involved, as the case may be,
but if, for any reason, such copy is not sent or received, that fact shall not affect the validity of
any notice to the Oklahoma Municipal Retirement Fund nor the validity of any action taken or
payment made pursuant thereto.
7.4 Reliance Upon Notice: Upon receipt of any notice as provided in this Article VII, the
Oklahoma Municipal Retirement Fund shall promptly take whatever action and make whatever
payments are called for therein, it being intended that the Oklahoma Municipal Retirement Fund
may rely upon the information and directions in such notice absolutely and without question.
However, the Oklahoma Municipal Retirement Fund may call to the attention of the Committee
any error or oversight which the Oklahoma Municipal Retirement Fund believes to exist in any
notice.
VII -1
ARTICLE VIII.
Amendment and Termination
8.1 Termination of Plan: The Employer may at any time, effective as specified, terminate
the Plan and may direct and require the Oklahoma Municipal Retirement Fund to liquidate the
Fund. In the event the Employer shall for any reason cease to exist, the Plan shall terminate and
the Fund shall be liquidated. In the event of the termination, partial termination, or complete
discontinuance of contributions hereunder, the Account balances of each Participant will become
nonforfeitabte.
8.2 Suspension and Discontinuance of Contributions: If the governing body of the
Employer decides it is impossible or inadvisable to continue to make contributions to the Plan, it
shall have the power by appropriate resolution or decision to:
(a) suspend contributions to the Plan;
(b) discontinue contributions to the Plan; or
(c) tenninate the Plan.
Suspension shall be a temporary cessation of contributions and shall not constitute or require a
termination of the Plan. A discontinuance of contributions shall not constitute a formal
termination of the Plan and shall not preclude later contributions but all Municipality
Contribution Accounts not theretofore fully vested shall become fully vested in the respective
Participants notwithstanding the provisions of Section 6.4. In such event, Employees who
become eligible to enter the Plan subsequent to the discontinuance shall receive no benefits.
After the date of a discontinuance of contributions, the Trust shall remain in existence as
provided in this Section 8.2 and the provisions of the Plan and Trust shall remain in force. A
certified copy of such decision or resolution shall be delivered to the Oklahoma Municipal
Retirement Fund, and as soon as possible thereafter the Oklahoma Municipal Retirement Fund
shall send or deliver to each Participant or Beneficiary concerned a copy thereof.
8.3 Liquidation of Trust Fund: Upon a complete termination or upon a partial termination
of the Plan, unless the Employer's successor shall elect to continue the Plan, the Accounts of all
Participants and Beneficiaries shall thereupon be and become fully vested. Upon a complete
termination, the Oklahoma Municipal Retirement Fund shall convert the proportionate interest of
such Participants and Beneficiaries in the Trust Fund to cash and, after deducting all charges and
expenses, the Oklahoma Municipal Retirement Fund shall adjust the balances of such Accounts
as provided in Section 5.5 treating the termination date as the current Valuation Date.
Thereafter, the Oklahoma Municipal Retirement Fund shall distribute as soon as
administratively feasible the amount to the credit of each such Participant and Beneficiary as the
Committee shall direct.
8.4 Amendments: Each Employer agrees to adopt any amendments to this Plan which are
necessary for an initial or continued determination that the Plan is a qualified, tax exempt plan
under Sections 401(a) and 501(a) of the Code. Any such amendments will be an amendment of
the Employer's separate Plan if approved by the Trustee. The Employer may amend its separate
VIII -1
Plan in any respect and at any time, subject to the limitations of the Plan, by amendment of or
addition to the Joinder Agreement. However, the Oklahoma Municipal Retirement Fund
reserves the right to approve all Employer amendments.
8.5 Authority of Volume Submitter Practitioner to Amend for Adopting Employers:
The Volume Submitter Practitioner (the "Practitioner ") will amend the Plan on behalf of all
adopting employers, including those employers who have adopted the Plan prior to this amended
and restated Plan, for changes in the Code, regulations, revenue rulings, other statements
published by the Internal Revenue Service, including model, sample or other required good faith
amendments, but only if their adoption will not cause the Plan to be individually designed, and
for corrections of prior approved plans. These amendments will be applied to all employers who
have adopted the Plan. An employer will not be considered to have an individually designed plan
merely because the employer amends administrative provisions of the trust or custodial account
document (such as provisions relating to investments and the duties of trustees), provided the
amended provisions are not in conflict with any other provision of the plan and do not cause the
plan to fail to qualify under Section 401(a) of the Code. For this purpose, an amendment
includes modification of the language of the trust or custodial account document and the addition
of overriding language.
The Practitioner will no Ionger have the authority to amend the plan on behalf of any adopting
employer as of either: (1) the date the Internal Revenue Service requires the employer to file
Form 5300 as an individually designed plan as a result of an employer amendment to the Plan to
incorporate a type of plan not allowable in the Volume Submitter program, as described in Rev.
Proc. 2011 -49, or (2) as of the date the Plan is otherwise considered an individually designed
plan due to the nature and extent of the amendments. If the Employer is required to obtain a
determination letter for any reason in order to maintain reliance on the advisory letter, the
Practitioner's authority to amend the Plan on behalf of the adopting employer is conditioned on
the Plan receiving a favorable determination letter.
The Practitioner will maintain, or have maintained on its behalf, a record of the employers that
have adopted the Plan, and the Practitioner will make reasonable and diligent efforts to ensure
that adopting employers have actually received and are aware of all Plan amendments and that
such employers adopt new documents when necessary. This Section supersedes other provisions
of the Plan to the extent those other provisions are inconsistent with this Section.
VIII -2
ARTICLE LX.
Employment Transfers
9.1 Transfers from This Plan:
(a) To Another Category with This Employer: If a Participant is employed by the
Employer and is transferred to employment with this Employer but under another department,
classification or category, so that he is no longer eligible to participate in this Plan, such
participation shall thereupon cease and his Account balance shall remain in the Fund and will
continue to accrue interest but he will not continue to accrue Service for the purpose of
additional vesting credit for benefits under this Plan. However, if an Employee participates in
any other plan sponsored by the Employer within the Fund, he or she will continue to accrue
service under this Plan for vesting purposes only.
(b) To Another Municipality: If a Participant's employment by the Employer is
terminated by virtue of his transfer to employment with another Municipality, his membership in
this Plan shall thereupon cease and he shall be subject to the following rules and requirements
relating to this Plan and his right and benefits hereunder, to -wit:
(i) if he is fully vested under this Plan as of the date of such employment
transfer, he shall be entitled to take any distribution, full or partial, without any effect on his
current vesting status; or
(ii) if he is not fully vested under this Plan as of the date of such employment
transfer, and lie is, immediately upon such transfer of employment, covered by the retirement
system under which such other Municipality participates in the Oklahoma Municipal Retirement
Fund, he will continue to accrue Service for the purpose of additional vesting credit for benefits
under this Plan. However, upon any distribution (that would not be optional to an active
employee), full or partial, vesting will stop and any unvested balance, if any, will be forfeited
9.2 Transfers to This Plan:
(a) From Another Category with This Employer: If a person becomes a
Participant immediately upon his transfer from full -time, regular employment with this Employer
under another department, classification or category where he is ineligible for membership only
because of the type of such employment, his Service accrued by virtue of such prior employment
shall not be counted in determining his vesting credit for benefits hereunder.
(b) From Another Municipality: If a person becomes a Participant irmmediately
upon his transfer from full -time, regular employment with a Municipality other than this
Employer, his Service accrued by virtue of such prior employment shall be counted in
determining his vesting credit for benefits hereunder, and he shall also be subject to all the other
provisions of this Plan. A Participant's eligibility for membership under this Plan will be
determined by applying the eligibility requirements in the Joinder Agreement as though the date
which his credited Service from the other Municipality began was his date of employment with
this Employer. Service from such prior employment will however be ignored in its entirety upon
any distribution from that Municipality, full or partial, if taken prior to its full vesting.
IX -1
(c) Previously Fully Vested With Another Municipality: With respect to a
Participant who was previously 100% vested in any other Municipality's qualified retirement
plan prior to becoming a Participant in this Plan, such Participant's "Service" for purposes of
determining years of service for vesting under this Plan shall include the Participant's last
continuous period during which the Participant was an employee of the other Municipality.
9.3 Notice of Transfers: Immediately after any transfer of employment referred to in
Sections 9.1 or 9.2, the transferred Participant shall give written notice of such transfer to the
Authorized Agent on a form furnished by the Authorized Agent. Such Participant shall not be
penalized, however, for failure to give such notice. The Authorized Agent shall give immediate
notice in writing of such transfers to the Trust Service Provider and the Committee.
9.4 Transfer from Other Qualified PIans: The Employer may cause to be transferred to
the Oklahoma Municipal Retirement Fund all or any of the assets held in respect to any plan or
trust which satisfied the applicable requirements of the Code relating to qualified plans and
trusts, which is maintained by the Employer for the benefit of its Employees. Any such assets so
transferred shall be accompanied by written instructions from the Employer, or the trustee or
custodian or the individual holding such assets, setting forth the Participants for whose benefit
such assets have been transferred and showing separately the respective contributions by the
Employer and by the Participants and the current value of the assets attributable thereto. Upon
receipt of such assets and instructions the Oklahoma Municipal Retirement Fund shall thereafter
proceed in accordance with the provisions of the Fund.
9.5 Rollover Contributions: A Participant who is or was entitled to receive an eligible
rollover distribution, as defined in Code Section 402(c)(4) and Treasury Regulations issued
thereunder, from a qualified plan described in Section 401(a) or 403(a) of the Code (including
after -tax employee contributions), an annuity contract described in Section 403(b) of the Code
(including after -tax employee contributions, or an eligible plan under Section 457(b) of the Code
which is maintained by a state, political subdivision of a state, or any agency or instrumentality
of a state or political subdivision of a state, or an individual retirement account may elect to
contribute all or any portion of such distribution to the Trust directly from such qualified plan,
annuity contract or eligible plan, or within 60 days of receipt of such distribution to the
Participant. Rollover Contributions shall only be made in the form of cash, or, if and to the
extent permitted by the Employer with the consent of the Trustee, promissory notes evidencing a
plan loan to the Participant; provided, however, that Rollover Contributions shall only be
permitted in the form of promissory notes if the Plan otherwise provides for loans.
The Committee shall develop such procedures and require such information from
Participants as it deems necessary to ensure that amounts contributed under this Section 9.5 meet
the requirements for tax - deferred rollovers established by this Section 9.5 and by Code Section
402(c). No Rollover Contributions may be made to the Plan until approved by the Committee.
If a Rollover Contribution made under this Section 9.5 is later determined by the
Administrator not to have met the requirements of this Section 9.5 or of the Code or Treasury
regulations, then, within a reasonable time after such determination is made, the amounts then
held in the Trust attributable to such Rollover Contribution shall be distributed to the Employee.
IX -2
A Participant's Rollover Contributions Account shall be subject to the terms of the Plan
except as otherwise provided in this Section 9.5.
Notwithstanding any other provision of this Section 9.5, the Employer may direct the
Trustee not to accept Rollover contributions.
9.6 Transfer to Other Qualified Plans: The Employer, by written direction to the
Oklahoma Municipal Retirement Fund, may transfer some or all of the assets held under the
Fund to another plan or trust meeting the requirements of the Code relating to qualified plans and
trusts. In the case of any merger or consolidation with, or transfer of assets and liabilities to, any
other plan, provisions shall be made so that each Participant in the Plan on the date thereof (if the
Plan then terminated) would receive a benefit irrunediately after the merger, consolidation or
transfer which is equal to or greater than the benefit lie would have been entitled to receive
immediately prior to the merger, consolidation or transfer (if the Plan had then terminated).
9.7 Rollover to Another Plan or IRA: Notwithstanding any provision of the Plan to the
contrary that would otherwise limit a Distributee's election under this Section, a Distributee may
elect, at the time and in the manner prescribed by the Committee, to have any portion of an
Eligible Rollover Distribution paid directly to an Eligible Retirement Plan specified by the
Distributee in a Direct Rollover. The Committee shall establish procedures for implementing
such Direct Rollover distribution.
(a) Definitions: For purposes of this Section 9.7, the following definitions shall
apply:
(i) "Eligible Rollover Distribution ": An "Eligible Rollover Distribution" is
any distribution of all or any portion of the balance to the credit of the Distributee, except that an
Eligible Rollover Distribution does not include: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually) made for the life (or life
expectancy) of the Distributee or the joint lives (or joint life expectancies) of the Distributee and
the Distributee's designated Beneficiary, or for a specified period of 10 years or more; any
distribution to the extent such distribution is required under Section 401(a)(9) of the Code; the
portion of any distribution that is not includable in gross income (determined without regard to
the exclusion for net unrealized appreciation with respect to Employer Stock); and any
distributions attributable to a hardship. With respect to distributions made after December 31,
2001, for purposes of the direct rollover provisions in Section 9.7 of the Plan, a portion of a
distribution shall not fail to be an eligible rollover distribution merely because the portion
consists of after -tax employee contributions which are not includible in gross income. However,
such portion may be transferred only to (i) an individual retirement account or annuity described
in Section 408(a) or (b) of the Code or, effective for distributions on or after January 1, 2008, a
Roth individual retirement account of annuity described in Section 408A of the Code, or (ii) a
qualified defined contribution plan described in Section 401(a) or 403(a) of the Code that agrees
to separately account for amounts so transferred, including separately accounting for the portion
of such distribution which is includible in gross income and the portion of such distribution
which is not so includible.
(ii) "Eligible Retirement Plan ": An "Eligible Retirement Plan" is an
individual retirement account described in Section 408(a) of the Code, an individual retirement
IX -3
annuity described in Section 408(b) of the Code, an annuity plan described in Section 403(a) of
the Code, or a qualified trust described in Section 401(a) of the Code, an annuity contract
described in Section 403(b) of the Code and an eligible plan under Section 457(b) of the Code
which is maintained by a state, political subdivision of a state, or any agency or instrumentality
of a state or political subdivision of a state and which agrees to separately account for amounts
transferred into such plan from this Plan; or, effective January 1, 2008, a Roth IRA described in
Code Section 408A(b), that accepts the Distributee's Eligible Rollover Distribution. however,
in the case of an Eligible Rollover Distribution to the surviving spouse or a Participant's
surviving Beneficiary, an Eligible Retirement Plan is an individual retirement account or
individual retirement annuity. The definition of Eligible Retirement Plan shall also apply in the
case of a distribution to a surviving spouse, or to a spouse or former spouse who is the alternate
payee under a qualified domestic relation order, as defined in Section 414(p) of the Code. If any
portion of an Eligible Rollover Distribution is attributable to payments or distributions from a
designated Roth account, an Eligible Retirement Plan with respect to such portion shall include
only another designated Roth account of the individual from whose account the payments or
distributions were made, or a Roth IRA of such individual. In the case of a nonspouse
beneficiary, the direct rollover may be made only to an individual retirement account or annuity
described in Code Section 408(x) or 408(b) ( "IRA ") that is established on behalf of the
designated Beneficiary and that will be treated as an inherited IRA pursuant to the provisions of
Code Section 402(c)(ii). Further, the determination of any required minimum distribution under
Code Section 401(a)(9) that is ineligible for rollover shall_ be made in accordance with IRS
Notice 2007 -7, Q &A 17 and 18, 2007 -5 I.R.B. 395.
(iii) "Distributee ": A "Distributee" includes a Participant or former
Participant. In addition, the Participant's spouse or former Participant's surviving spouse or
surviving Beneficiary (effective January 1, 2007) and the Participant's or former Participant's
spouse or former spouse who is the alternate payee under a qualified domestic relations order, as
defined in Section 414(p) of the Code, are distributees with regard to the interest of the spouse or
former spouse.
(iv) "Direct Rollover ": A "Direct Rollover" is a payment by the Plan directly
to the Eligible Retirement Plan specified by the Distributee.
9.8 Requirements for Rollover by Individuals: An Employee (whether or not a Participant
under this Plan), who, as a result of a termination of another plan qualified under Section 401(a)
of the Code, a termination of employment, disability or attainment of age 59%2 years, has had
distributed to him his entire interest in a plan which meets the requirements of Section 401(a) of
the Code (hereinafter referred to as the "Other Plan ") may, in accordance with procedures
approved by the Committee, transfer all or any part of the distribution received from the Other
Plan to the Trustees under this Plan, provided the following conditions are met:
(a) the transfer occurs on or before the 60th day following his receipt of the
distribution from the Other Plan, or, if such distribution had previously been deposited in an
individual retirement account (as defined in Section 408 of the Code), the transfer occurs on or
before the 60th day following his receipt of such distribution, plus earnings thereon from such
individual retirement account;
IX -4
(b) the distribution from the Other Plan qualifies as a lump sum distribution within
the meaning of Subsection 402(e)(4)(A) of the Code or is a result of a termination of another
plan qualified under Section 401(a) of the Code; and
(c) the amount transferred shall not exceed the distribution he received from the
Other Plan, less the amount, if any, considered contributed by him in accordance with Subsection
402(e)(4)(D)(i) of the Code, plus earnings thereon during the period, if any, in which the amount
was held in an individual retirement account.
9.9 Transfers From Another Qualified Plan:
(a) With respect to an Employee (whether or not a Participant under this Plan), who
has an undistributed account balance in another plan which meets the requirements of Section
401(a) of the Code (hereinafter referred to as the "Other Plan"), the Committee may, in its sole
discretion, approve a direct transfer of such account balance from the Other Plan to the Trustees
under this Plan.
(b) If the Plan receives a direct transfer (by merger or otherwise) of elective
contributions (or amounts treated as elective contributions) under a plan with a Section 401(k)
arrangement, the distribution restrictions of Sections 401(k)(2) and (10) of the Code continue to
apply to those transferred elective contributions.
9.10 Procedures: With respect to transfers under either Section 9.8 or 9.9 herein, the
Committee shall develop such procedures, and may require such information from an Employee
or the fiduciaries of the Other Plan desiring to make such a transfer, as it deems necessary or
desirable to determine that the proposed transfer will meet requirements of this Article and the
law. Upon approval by the Committee, the amount transferred shall be deposited in the Trust
Fund and shall be credited to a Rollover Account established in the Employee's name. Such
Account shall be 100% vested in and nonforfeitable by the Employee, shall share in increases
and decreases thereon determined in accordance with the Plan, but shall not share in Employer
Contributions or Forfeitures. Upon termination of employment, the total amount of Employee's
Participant Rollover Account shall be distributed as part of his Benefit.
IX -5
ARTICLE X.
Administration
10.1 Administration: The Plan shall be administered by the Committee which is hereby
created and established and which shall be composed of the members of the City Council of the
Employer. The duties of the Committee shall be performed without compensation other than the
compensation, if any, which they receive as officers of the Employer unless additional
compensation is specifically provided for by action of the City Council. Any usual and
reasonable expenses incurred by the Committee in the administration of this Fund and Plan shall
be paid by the Employer.
(a) Committee: The Committee shall have such powers as may be necessary to
discharge its duties hereunder and under the document creating the Oklahoma Municipal
Retirement Fund, and under the contract for the pooling of the Fund with similar funds of other
Municipalities. Such powers shall include but not be limited to the following powers and duties:
(1) to delegate to, specify, direct, and supervise the performance of duties of
the Authorized Agent, as the agent of the Employer and Committee in matters relating to the
Plan, the Fund, and the Oklahoma Municipal Retirement Fund, including but not limited to, the
duties set forth below in Subsection 10.l(b) and including any duties of the Employer under the
Plan, or as set forth in this Subsection 10.1(a);
(2) acting by direction to the Authorized Agent to file a petition for
nomination, or otherwise nominate, and cause the ballot for the election of Trustees of the
Oklahoma Municipal Retirement Fund;
(3) to construe and interpret the Plan and resolve any ambiguities with respect
to any of the terms and provisions thereof as written and as applied to the operation of the Plan;
(4) to decide all questions of eligibility and determine the amount, manner and
time of payment of any benefits hereunder;
(5) to prescribe procedures to be followed by Participants in filing
applications for benefits;
(6) to make a determination as to the right of any person to a benefit and to
afford any person dissatisfied with such determination the right to a hearing thereon;
(7) to receive from the Employer, the Trustees, the Trust Service Provider and
the Authorized Agent, such information as shall be necessary for the proper administration of the
Plan;
(S) to prepare and distribute, in such manner as it determines to be
appropriate, information explaining the Plan;
(9) to furnish the Employer, upon request, such annual reports with respect to
the administration of the Plan as are reasonable and appropriate;
2015.05.06 Clean ONIRFMnster Defined CoidriGaOon Plan (2015).doc X -1
(10) to receive and review reports from the auditor appointed by the Trustees,
the City Treasurer and City Auditors, of the financial condition of the Fund;
(11) to have full power, to manage and control, the Plan and Fund and to
authorize in writing, all payments from the Fund by written direction of the Authorized Agent, or
otherwise;
(12) to sue in any court of competent jurisdiction for the enforcement of any
contract, claim or other right, and to defend against or to compromise, settle or otherwise dispose
of any claim or suit against the Employer, the Plan, or the City Treasurer, as Treasurer of the
Plan; and
(13) to appoint such person or persons as necessary to perform the following:
a. to receive and separately account for, payments, appropriations,
apportionments, allocations, payroll deductions, and any other assets, which are for, or
consist of contributions or assets under the Plan for the Fund, which are made by the
Employer, the Participants, or from any other source;
b. to transfer, remit, pay over and deliver, upon the written direction of
the Authorized Agent, as soon as practicable after his receipt thereof, all such
contributions and assets, to the Oklahoma Municipal Retirement Fund for management
and investment;
c. to keep as evidence and permanent records, all such written directions
of the Authorized Agent for such transfers and disbursements, maintain accurate accounts
and records of such receipts, transfers and disbursements, and keep such other records
and famish such information and advice to the Employer, the City Council, the
Committee and the Authorized Agent as may be necessary and proper for the
performance of such duties in coordinating the administration and operation of the Plan;
d. maintain such records including vital statistics on health, age, sex,
birth, death, Compensation and length of Service of all the Participants of the Employer
or their beneficiaries who are included in the Plan or who are, or may become eligible for
such inclusion, as are necessary for the proper administration of the Plan, and furnish
such information as is requested by the Authorized Agent, or is requested by the
Administrator;
e. notify the Authorized Agent when any Participant is eligible for
Retirement under the Plan; and
f. attend meetings of the Committee while matters pertaining to the Plan,
the Employees or their beneficiaries are under consideration.
The Committee shall have no power to waive or fail to apply any requirements of
eligibility for a Benefit under the Plan. The Committee may adopt such rules, regulations and
actuarial tables as it deems necessary or desirable to administer the Plan. All such rules,
2015.05.06 Clean 0MRFNfnsferDefined Contribution Plan (2015).doe X_2
regulations and decisions shall be uniformly and consistently applied to all Employees in similar
circumstances.
Any such rule or decision which is not inconsistent with the provisions of the Plan shall
be conclusive and binding upon all .persons affected by it and there shall be no appeal from any
ruling by the Committee which is within its authority.
When making a determination or calculation, the Committee shall be entitled to rely upon
information furnished by the Trustees, the Trust Service Provider, the Employer, the Authorized
Agent, the legal counsel of the Employer, or the actuary for the Plan.
(b) Authorized Agent: An Authorized Agent shall be designated in writing by the
Committee and shall act as the agent of the Employer (but not the agent of the Trustees or the
Trust Service Provider of the Oklahoma Municipal Retirement Fund) in matters pertaining to the
Plan, the Fund and the Oklahoma Municipal Retirement Fund, to centralize in one person the
local administration and coordination thereof, and to file payroll and contribution information, to
file claims, fors and applications for Participants, and to advise Participants, the Employer and
the Committee. The Authorized Agent, under the control and direction of the Committee, shall
have such general duties as the Employer and the Committee may deem necessary and proper for
such purposes, which duties shall include but not be limited to, the following:
(1) to coordinate the deduction of Participant contributions and to see that
Employer and Participant contributions are properly received and forwarded promptly to the
Oklahoma Municipal Retirement Fund for management and investment;
(2) to forward any communications directed to Participants and beneficiaries
by the Trustees, the Trust Service Provider or the Oklahoma Municipal Retirement Fund;
(3) to lend assistance to Participants and beneficiaries in filing applications for
benefits, and in communicating with the Employer; the Committee and the Trustees or the Trust
Service Provider of the Olahoma Municipal Retirement Fund and to forward such
communications to the addressees;
(4) to assist the Committee in determining whether or not Employees are
eligible for participation in the Plan;
(5) to certify at the direction of the Committee that a Participant is on an
authorized leave of absence, paid or unpaid; and
(b) to file at the direction of the Committee a petition or nomination, and cast
a ballot for election of Trustees of the Oklahoma Municipal Retirement Fund.
(c) Plan Counselor: The Committee of the Employer shall appoint the legal advisor
of the Employer and the Committee, and such legal advisor shall represent them in any legal
matters, proceedings, or litigation.
10.2 Bonds: No bond to secure the performance of administrative duties in the operation of
the Plan and Fund, shall be required of any persons or organizations unless required by law, or
2015.05.06 Clean ONIRFfvinster Defined Contribution Pinn (2015).doc X_3
unless required by the Trust Indenture establishing The Oklahoma Municipal Retirement Fund,
or unless required by the Employer for any persons or organizations engaged in the
administration of the Plan. If such a bond is required by law, the Trustees or the Employer, the
premiums therefor shall be paid as expenses of the Oklahoma Municipal Retirement Fund as to
its members, agents, employees, Municipal Retirement Fund, or as expenses of the Employer as
to the administration of the Plan. Any agents, officials or Employees of the Employer engaged
in the administration of the Plan shall be covered as to the performance of such administrative
duties, by any official or other bond covering their regular duties otherwise.
10.3 Benefit Payments: All benefits are to be paid pursuant to the provisions of the Plan out
of the applicable portion of the Oklahoma Municipal Retirement Fund.
10.4 Abandonment of Benefits:
(a) If, anytime following the date either of a Participant or Beneficiary of a deceased
Participant becomes entitled to receive any non - deferred benefits under the Plan, then, if the
whereabouts of such Participant or Beneficiary is unknown, the benefits may be forfeited in certain
limited circumstances as provided hereafter. If the Committee has mailed to the Participant or
Beneficiary notice of the present right to receive benefits, and the Committee mails such notice
again after one year, then, if no claim has been received by the second anniversary of the first
mailing of the notice, the Accounts representing unclaimed Benefits (including those holding
Employee contributions) can be forfeited pursuant to Section 5.4 herein.
(b) Each Participant and Beneficiary shall file with the Committee, from time to time in
writing, their post office address and each change of post office address, if any, and the Committee
shall not be obliged to search for or ascertain the whereabouts of any Participant or Beneficiary.
Any communication addressed to a Participant or Beneficiary at their last post office address filed
with the Committee, or if no such address was filed, then at their last post office address as shown
on the Employer's records, shall be binding on the Participant and the Beneficiary for all purposes
of the Plan and Trust.
(c) In the event that the whereabouts of a lost Participant, or lost Beneficiary of a
deceased Participant, ever becomes known to the Committee, and either of such parties makes a
claim for benefits, the Committee shall, if the Plan is in existence, reinstate any Benefits which have
been previously forfeited to satisfy such claim; provided, the amount reinstated shall, in any event,
be equal to the amount of the forfeited benefit unadjusted by any increases or decreases under
Section 5.6 herein occurring after such forfeitures were allocated. Reinstated Forfeitures shall be
satisfied from the following sources in the priority indicated: (i) unallocated Forfeitures,
(ii) unallocated Fund increases, or (iii) Employer contributions which the Employer shall make if
necessary to satisfy such reinstatement. For purposes of this Subsection (c), the linutations under
Section 415 of the Code shall not apply.
10.5 Benefits Payable to Incompetents: Any payments due hereunder to a minor or other
person under legal disability may be made, at the discretion of the Committee, (i) to a parent,
spouse, relative by blood or marriage, or (ii) the legal representative of the said person_ The
Cominittee shall not be required to see to the application of any such payment, and the payee's
2015.05.06 Clean OMRFhiaster DeJiacd Contribiitiou Plan (2015).doc X -4
receipt shall be a full and final discharge of all responsibility hereunder of the Employer, the
Committee and the Trustees.
2015.05.06 Clcan OM PMaster Defined ConfribnRou Plan(2015).doc X_5
ARTICLE XL
General
11.1 USERRA: Notwithstanding any provision of this Plan to the contrary, effective
December 12, 1994, contributions, benefits and service credit with respect to qualified military
service will be provided in accordance with Section 414(u) of the Code. A Participant returning
from military service shall not be entitled to catch -up on Pick -Up Contributions missed during
such military service.
11.2 Not Contract Between Employer and Participant: Neither the creation of this Plan,
nor any amendment to it, nor the creation of any fund, nor the payment of benefits hereunder
shall be construed as giving any legal or equitable right to any Participant against the Employer
or against the Oklahoma Municipal Retirement Fund, except as provided herein, and all
liabilities under this Plan shall be satisfied, if at all, only out of the Fund held by the Oklahoma
Municipal Retirement Fund_ Participation in the Plan shall not give any Participant any right to
be retained in the employ of the Employer, and the Employer hereby expressly retains the right
to hire and discharge any Participant at any time with or without cause, as if this Plan had not
been adopted, and any such discharged Participant shall have only such rights or interests in the
Fund as may be specified herein.
11.3 Payment of Fees: The Employer shall pay a fee in an amount determined and revised
from tune to time by the Oklahoma Municipal Retirement Fund.
11.4 Governing Law: The validity, construction and administration of this Plan shall be
determined under the laws of the State of Oklahoma.
11.5 Counterpart Execution: This Plan may be executed in two or more counterparts, as
may be all amendments thereto be executed, and any one of the executed copies shall be deemed
an original.
11.6 Severability: Every provision of this Agreement is intended to be severable. If any term
or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity
shall not affect the validity of the remainder of this Plan.
11.7 Spendthrift Provisions: Benefits payable under this Plan shall not be subject in any
manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge,
garnishment, execution or levy of any kind, either voluntary or involuntary, including any such
liability which is for alimony or other payments for the support of a spouse or former spouse, or
for any other support of a spouse or former spouse, or for any other relative of the Employee,
prior to actually being received by the person entitled to the benefit under the terms of the Plan;
and any attempt to anticipate, alienate, sell, transfer, assign, pledge, encumber, charge or
otherwise dispose of any right to benefits payable hereunder, shall be void. The Fund shall not
in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements or torts of
any person entitled to benefits hereunder. The preceding provisions shall not apply to the
creation, assignment or recognition of a light to any benefit payable with respect to a Participant
pursuant to a domestic relations order, and does not preclude the Oklahoma Municipal
XI -1
Retirement Frmd from complying with a court order requiring deduction from the benefits of a
Participant in pay status for alimony and support payments.
11.8 Maximum Duration: Nothing herein shall be construed to suspend the power of
alienation or prevent the vesting of the interest of any person in the Plan for a longer period than
the duration of the lives of the designated Beneficiaries of a particular interest therein in being at
the time such designation becomes irrevocable, plus twenty -one (21) years; if any provisions
shall be held to violate a rule or law against restraints on alienation or remote vesting, the Plan
shall not be vitiated thereby, but the Plan, or the portion of the Plan thus affected, shall
immediately be distributed to those entitled as their interest shall then appear.
11.9 Number and Gender: Pronouns and other similar words used herein in the masculine
gender shall be read as the feminine gender where appropriate; pronouns and other similar words
used herein in the neuter gender shall be read as the masculine or feminine gender where
appropriate; and the singular form of words shall be read as the plural where appropriate.
11.10 Compensation and Expenses of Administration: If a Trustee, a member of Oklahoma
Municipal Retirement Fund, or a member of the Committee is an Employee of the Employer, he
shall serve without any additional compensation. The Employer may pay all or part of the
expenses of administration of the Plan, including the compensation and expenses of the Trustee,
and any other expenses incurred at the direction of the Oklahoma Municipal Retirement Fund,
including, without limitation, fees of actuaries, accountants, attorneys, investment managers,
investment advisors and other specialists, and any other costs of administering the Plan. To the
extent that any of such expenses are not paid by the Employer, such expenses shall be paid by
the Oklahoma Municipal Retirement Fund out of the Fund. In addition, the Plan or Trustees
shall be authorized to charge to a Participant's Account any direct expenses it incurs in
connection with such Account, which shall include by example, and not by limitation, expenses
resulting from a Participant's QDRO; bankruptcy or default on a Plan loan, and expenses
incurred in attempting to locate a Participant. Trustees shall have the power under this Section in
their sole discretion to determine the items and amounts thereof which should equitably and
reasonably be charged to a particular Account. If such charges exceed the balance in a
Participant's Accounts, the excess shall be charged to the general Trust Fund.
11.11 Incorporation of Trust Agreement: The provisions of the Trust Indenture Establishing
the Oklahoma Municipal Retirement Fund are incorporated into and made a part of this Plan.
11.12 Mistake of Fact: All contributions to the Plan are made subject to the correctness of the
amount. In the event a contribution is made to the Plan and Trust by the Employer under a
mistake of fact concerning the correctness of such contribution, then the Oklahoma Municipal
Retirement Fund shall return such portion of such contribution which is in excess of the amount
that would have been contributed had there not occurred a mistake of fact within one year after
the payment of the contribution to the Oklahoma Municipal Retirement Fund.
In the case of amounts returned pursuant to this Section 11.12, no earnings attributable to
such amounts may be returned to the Employer, but losses attributable thereto shall reduce the
amount returned, and no such return shall reduce the balance of any Participant's Municipality
XI -2
Contribution Accounts to less than the balance which would have been credited thereto had such
amount not been contributed.
11.13 Written Notices: Any reference herein to written notices or documents or notices or
elections in writing shall be deemed to include any method of communication acceptable to the
Oklahoma Municipal Retirement Fund.
XI -3
IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing
instrument comprising the Plan, the Oklahoma Mritiicipal Retirement Fiend, has caused its
corporate seal to be affixed hereto and these presents to be duly executed in its name and behalf
by its proper officers thereunto authorized this 24th day of April 2015 .
STATE OF OKLAHOMA )
) ss.
COUNTY OF OKLAHOMA )
OKLAHOMA MUNICIPAL RETIREMENT
FUND
By
s
BEFO M - the undersi ned a Notary Public i and fors id County and State, on this
day of�,?�jh Personally appeare (_1�,C� to me known to
be the identical person who subscribed the name of the Oltlahorha Municipal Retirement Fund, a
municipal corporation, to the foregoing instrument as its Chairperson 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 such corporation, for the uses and purposes therein set forth.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, the day and year last above
written.
My Commission Ex
0(A chi. Aoi i'es:
y.- � 0TAR Y -&BAS)--- - - - - --
,,; <\ JO MAUREEtd EI.LjOgp 11
(`% swat Notary Pubttc
\t State of owa}wma '
COMMISSIOn # 06006411 - Explrea 08101f1D j
��'�v sxftL_y'�
qNotyPublic ��((
My Commission No.: �(�� t
MGAFEETAFT
A P R O F E S S I O N A L C O R P O R A T I O N
10TH FLOOR • TWO LEADERSHIP SQUARE
211 NORTH ROBINSON • OKLAHOMA CITY, OK 73102 -7103
(405) 235 -9621 • FAX (405) 235 -0439
Ww .mcafwoft.com
MEMORANDUM
TO: Oklahoma Municipal Retirement Fund
FROM: McAfee & Taft A Professional Corporation
(John A, Papahronis)
DATE: May 7, 2015
RE: Oklahoma Municipal Retirement Fund Master Defined Contribution Plan and
Joinder Agreement — Summary of Material Changes
The following summary compares the current version of the Oklahoma Municipal
Retirement Fund Master Defined Contribution Plan and Joinder Agreement with the version
recently approved by the Internal Revenue Service:
A. Master Defined Contribution Plan
See.
Feature
Current Version
Newly - Approved Version
1.1
Purpose
States the purpose of the Plan.
Adds IRS required sentence that
the type of plan is a "profit
sharing plan."
4.4
Voluntary
Administrative rules for
Removed domiciled in Oklahoma.
Nondeductible
voluntary nondeductible rules.
Contributions
by Participants
4.8(a)
Deferred
Administrative rules for 401(k)
Adds more specificity to
Compensation
contributions.
administration rules for 401(k)
Contributions
elections.
4.8(b)
Dollar
IRS rules for limitations on
Update to language in order to
Limitation on
401(k) deferrals,
fully reflect regulations.
Deferred
Compensation
Contributions
5.5
Valuation of
Administrative rules for valuing
Updated for daily accounting
Account
a participant's account.
system.
OICLAHOMACITY = TULSA
S.b
Allocation of
Administrative rules for
Updated for daily accounting
Investment
allocating earnings and losses.
system.
Earnings and
Losses
6.5
Initial
Administrative rules for timing
Updated for daily accounting
Distribution
of distribution requests.
system.
Date
6.8
Withdrawals
Administrative rules for timing
Revised to correct for IRS notice
from
of distribution requests.
requirements.
Participant's
Contribution
Accounts
6.8(d)
Pick -up
None.
IRS required language that
contribution
provides that pick -up cannot be
account
withdrawn before termination of
employment.
6.10(e)
Methods of
None.
Added purchase of an annuity
Distribution
alternative.
6.11
Designation of
Does not address voiding of
Provides that beneficiary desig-
Beneficiaty
beneficiary designation by
nation may be voided upon
divorce.
divorce under state law.
6.12
Loss of
Participant can lose benefits for
Deleted per IRS request and
Benefits for
Cause.
reserved.
Cause
6.14(b)
Loans to
Administrative rules for timing
Updated for daily accounting
Participants
to establish a loan account.
system.
6.15
Required
Required IRS provisions
Modifications of language per IRS
Minimum
regarding required distributions
request.
Distributions
upon termination of employ-
ment after attainment of age
70' /z.
6.17
Forfeiture of
Oklahoma Statute regarding a
Deleted per IRS request and
Benefits
participant's loss of retirement
reserved.
benefits due to certain causes.
8.5
Authority of
Describes authority of volume
Adds language to clarify that
volume
submitter practitioner.
amendment to trust will not
submitter
necessarily cause plan to become
practitioner
individually designed.
9.1(a)
Transfer to
Addresses changes in employ-
Adds sentence that employee will
another
ment classification of
continue to accrue vesting service
category.
employee.
if employee participates in another
retirement plan of the employer.
9.1(b)
Transfers from
Rules for transfer of parti-
Conforms language to plan admin-
Plan .
cipant's employment to another
istration.
Multiple options for common
municipality.
9.2(b)
Transfers to
Provides that when person
Added language to clarify that
Adds additional possible exclusions
Plan
transfers to this Plan from
prior service does not count if
for "Longevity Pay," and accrued
another municipality, prior
participant received distribution
vacation and sick leave paid upon
service counts.
from prior retirement plan.
10.3
Benefit
Administrative rules for benefit
Removes specific requirement of
Added (i) Matching Contribution
Payments
payment authority.
Committee direction.
11.13
Written Notices
None.
Adds new section to describe
Contribution Option."
5.
Thrift Plan
acceptable communication
Forfeitures used to make employer
Option
methods in a daily accounting
contributions.
5.
Fixed Option
system.
B. Joinder Aereement
See.
Feature
Old Version
Newly- Approved Version
2.
Employee
Blank line for variations,
Multiple options for common
variations.
4.
Compensation
Allows the Employer to exclude
Adds additional possible exclusions
certain items from the definition
for "Longevity Pay," and accrued
of Compensation.
vacation and sick leave paid upon
termination of employment.
5.
Plan Design
Included pick -up option, thrift
Added (i) Matching Contribution
plan option, fixed option,
Option and (ii) "No Employer
variable option, 401(k) option
Contribution Option."
5.
Thrift Plan
Forfeitures allocated as
Forfeitures used to make employer
Option
contributions,
contributions.
5.
Fixed Option
Forfeitures allocated as
Reference to Forfeitures deleted
and Variable
contributions.
because addressed in Section 8.
Option
8.
Allocation of
Addresses forfeiture allocations.
Specifies that forfeitures under
Forfeitures
Fixed Option or Variable Option
are allocated in accordance with
selected option.
10.
Vesting
Offered standard options and
Added (i) 100% immediate vesting
individualized alternative.
alternative, and (ii) individualized
alternative, is now subject to IRS
safe harbor guidelines.
12.
Direct Transfer
Not addressed.
Added options for (i) direct
to Other
transfers to other defined
Retirement Plan
contribution plan sponsored by
employer not permitted, and (ii)
direct transfer permitted.
13.
Valuation Date
No options specified.
Provides for the following options:
(i) monthly, (ii) weekly, and (iii)
daily. Will offer daily option only
and when available.
End of Joinder
Adds IRS required disclosure for
Volume Submitter documents.
The City Wit out Limits.
TO: The Honorable Mayor and City Council
City of Owasso
FROM: Julie Trout Lombardi
City Attorney and General Counsel
SUBJECT: Proposed Resolution to Allow Municipal Court to Assume Jurisdiction of Juveniles
DATE: August 14, 2015
BACKGROUND:
Pursuant to the last census taken, population of the City of Owasso exceeds 25,000 residents.
Accordingly, it is necessary for the City of Owasso to adopt a resolution, to be filed with the
district courts in Tulsa and Rogers Counties, so that the Owasso Municipal Court may continue
adjudicating juvenile offenses arising out of municipal ordinance violations. Title 10A, Section 2-
2-103(A) of the Oklahoma State Statutes requires that municipalities with a population of at least
25,000 adopt a written resolution to assume jurisdiction of municipal offenses committed within
their city by juveniles. Section 2- 2- 103(A) further requires that, once approved, the resolution be
filed with the district court.
Proposed Resolution 2015 -14 states that the City of Owasso desires to continue adjudicating
violations of municipal ordinances committed by juveniles, and to continue establishing,
developing and implementing prevention and early intervention programs such as Youth Court.
While the Owasso Municipal Court currently assumes jurisdiction of minors charged with the
violation of a municipal ordinance, and has done so for many years, it is now necessary to
adopt the proposed resolution to comply with 1 O O.S. §2- 2- 103(A).
This item was discussed at the August work session and Resolution 2015 -14 is now recommended
for approval. Approval of this resolution, and subsequent filing with the district courts in Tulsa
and Rogers Counties, will permit the City of Owasso's Municipal Court to continue adjudicating
juvenile offenses of municipal ordinances.
PROPOSED ACTION:
Approval of Resolution 2015 -14 assuming jurisdiction of municipal court cases involving juveniles.
ATTACHMENT:
Resolution 2015 -14
CITY OF OWASSO, OKLAHOMA
RESOLUTION 2015 -14
A RESOLUTION ASSUMING JURISDICTION OF MUNICIPAL COURT CASES INVOLVING
JUVENILES.
WHEREAS, Title 10A, Section 2- 2- 103(A), of the Oklahoma State Statutes provides that a
municipality with a population of at least twenty -five thousand (25,000) may, by written
resolution filed with the district court, assume jurisdiction of cases involving children under the
age of eighteen (18) years of age charged with violating any municipal ordinance;
WHEREAS, the City of Owasso has a population that exceeds twenty -five thousand
(25,000);
WHEREAS, the City of Owasso desires to continue to establish, develop and implement
various prevention and /or early intervention programs for local juvenile misdemeanor offenders,
as permitted by 10A O. S. §2- 2- 103(A), and to assume jurisdiction of cases involving children
under the age of eighteen (18) years of age charged with violating certain municipal
ordinances,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA, that the City of Owasso Municipal Court may assume jurisdiction of cases involving
children under the age of eighteen (18) who are charged with violating municipal ordinances
relating to:
1. Assault
2. Assault and Battery
3. Battery
4. Carrying Harmful Weapon
5. Contempt of Court
6. Curfew
7. Disorderly Conduct
8. Failure to Appear for a Court Appearance
9. Failure to Comply with a Court Order
10. False Representation to an Officer
11. Firework Violation
12. Larceny
13. Possession of Alcoholic Beverage
14. Possession of Low Point Beer
15. Possession of Marijuana
16. Possession of Drug Paraphernalia
17. Possession of Tobacco by a Minor
18. Public Intoxication
19. Resisting an Officer
20. Trespassing
21. Truancy
22. Vandalism
23. Violation of any Traffic Ordinance
24. Any other applicable city ordinance
THE CITY OF OWASSO reserves the right to decline prosecution for the enumerated
offenses, and to refer any violations alleged to have been committed by the juvenile to county
juvenile authorities for further prosecution.
APPROVED AND ADOPTED this 181h day of August, 2015 by the City Council of the
City of Owasso, Oklahoma.
Jeri Moberly, Mayor
ATTEST:
Sherry Bishop, City Clerk
APPROVED AS TO FORM:
Julie Trout Lombardi, City Attorney