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HomeMy WebLinkAbout1997.08.14_OEDA AgendaPUBLIC NOTICE OF THE MEETING OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY TYPE OF MEETING: DATE: TIME: PLACE: Regular August 14, 1997 10:00 a.m. Owasso City Hall Lower Level Conference Room 207 S Cedar, Owasso, Oklahoma Notice and agenda filed in the office of the City Clerk and posted on the City Hall bulletin board at 4:00 p.m. on Monday, August 11, 1997. Marc Boutwell, City Clerk AGENDA 1. Call to Order 2. Roll Call 3. Request Approval of the Minutes of July 10, 1997 Regular Meeting and July 24, 1997 Special Meeting. Mr Akin Attachment #3 OWASSO ECONOMIC DEVELOPMENT AUTHORITY AUGUST 14, 1997 PAGE 2 4. Request Approval of Claims. Mr Akin Attachment #4 5. Presentation of Financial Report. Ms Bishop Attachment #5 6. Consideration and Appropriate Action Relating to Change Order #2, a Change Order to a Contract Between the Owasso Economic Development Authority and Yocham Enterprises for the Construction of ONG Roadway and Utility Improvements. Mr Ray Attachment #6 The staff will recommend Authority approval of a Change Order that would increase the contract by $1500, such increase for the seeding of sanitary sewer right-of-way and lowering one manhole. 7. Consideration and Appropriate Action Relating to Acquisition of Right-of-Way for Extension of Fifth Avenue (NSP Industrial Access Road) Mr Ray Attachment #7 The staff will brief the Trustees on the status of right-of--way acquisition and options available to the Authority. OWASSO ECONOMIC DEVELOPMENT AUTHORITY AUGUST 14, 1997 PAGE 3 8. Consideration and Appropriate Action Relating to a Request from Public Service Company of Oklahoma for an Underground Right-of--Way Easement. Mr Ray Attachment #8 The staff will recommend Trustee approval of an agreement to grant aright-of-way easement to Public Service Company of Oklahoma for the purpose of constructing electrical service transmission line to the Oklahoma Natural Gas Facility; and authorization for the Chair to execute the document. 9. Consideration and Appropriate Action Relating to the Appointment of an OEDA Representative to the Chamber of Commerce Board of Directors. Mr Ray Attachment #9 The staff will recommend Trustee approval of the appointment of Robert Tobias, City of Owasso Director of Economic Development, as OEDA representative to the Chamber of Commerce Board of Directors. 10. Consideration and Appropriate Action Relating to the Appointment of a By-Laws Committee. Mr Akin Attachment # 10 The Chair will appoint a committee to review the existing By-Laws of the OEDA and recommend any necessary changes. OWASSO ECONOMIC DEVELOPMENT AUTHORITY AUGUST 14, 1997 PAGE 4 11. Presentation and Discussion of Change Orders #1,2,3,4,5, & 6 Relating to a Contract Between the Owasso Economic Development Authority and Brown Construction Company Inc for the Construction of the ONG Workcenter. Mr Ray Attachment # 11 12. Update and Discussion of Issues Relating to Precision Components. Mr Ray 13. Presentation of Status Report Relating to Current Projects. Mr Ray 14. Presentation of Status Report Relating to Current Prospects. Mr Ray 15. Report from OEDA Manager OWASSO ECONOMIC DEVELOPMENT AUTHORITY AUGUST 14, 1997 PAGE 5 16. Unfinished Business 17. New Business 18. Adjournment OWASSO ECONOMIC DEVELOPMENT AUTHORITY MINUTES OF REGULAR MEETING July 10, 1997 PRESENT ABSENT STAFF PRESENT Frank Enzbrenner Robert Tobias Gary Akin Rodney Ray Brenda Lawrence (out at 10:55 AM) Sherry Bishop Alan Anderson Buz Walker Tom Kimball (in at 10:10 AM) Robert Carr Brian Smith Phil Lutz Mark Wilken ITEM 1: CALL TO ORDER Chairperson Alan Anderson called the meeting to order at 10:04 AM and declared a quorum present. ITEM 2: ROLL CALL ITEM 3: ELECTION OF OFFICERS FOR FISCAL YEAR 1997 -98. Mr. Anderson stated that there had not been a nominating committee submitted for officers for Fiscal Year 1997 -98. Mr. Anderson called for nominations for 0.E.D.A. Chairperson. Motion was made by Mr. Akin and seconded by Mr. Wilken to nominate Mr. Enzbrenner as Chairperson. There were no further nominations. A roll call vote was requested. A vote on the motion was recorded as follows: Akin - Yes Enzbrenner - Yes Smith - Yes Lawrence - Yes Anderson - Yes Kimball - No Wilken - Yes Motion carried 6 -1. Mr. Kimball would like to have stated in the minutes that he believes rotating the leadership is not in the best interest of economic development, although, he is not against Mr. Enzbrenner's qualifications. Mr. Enzbrenner called for nominations for O.E.D.A. Vice Chairperson. Motion was made by Mr. Enzbrenner and seconded by Mr. Anderson to nominate Gary Akin for Vice Chairperson. There were no further nominations. A vote on the motion was recorded as follows: OWASSO ECONOMIC DEVELOPMENT AUTHORITY July 10, 1997 Page No. 2 Akin - Yes Enzbrenner - Yes Smith - Yes Lawrence - Yes Anderson - Yes Kimball - Yes Wilken - Yes Motion carried 7 -0. Mr. Enzbrenner called for nominations for O.E.D.A Secretary. Motion was made by Mr. Anderson and Mr. Enzbrenner seconded to nominate Brian Smith for Secretary. There were no further nominations. A vote on the motion was recorded as follows: Akin - Yes Enzbrenner - Yes Smith - Yes Lawrence - Yes Anderson - Yes Kimball - Yes Wilken - Yes Motion carried 7 -0. ITEM 4: REQUEST APPROVAL OF bHNUTES OF JUNE 12, 1997 REGULAR MEETING Mr. Enzbrenner moved to approve the minutes of the June 12, 1997 Regular Meeting as written. Motion was seconded by Mr. Akin. A vote on the motion was recorded as follows: Akin - Yes Enzbrenner - Yes Smith - Yes Lawrence - Yes Anderson - Yes Wilken - Yes The motion carried 6 -0. ITEM 5: REOUEST APPROVAL OF CLAIMS Mr. Akin moved to approve the claims in the amount of $57,699.00 to Brown Construction for OWASSO ECONOMIC DEVELOPMENT AUTHORITY July 10, 1997 Page No. 3 the ONG Work Center. Motion was seconded by Ms. Lawrence. A vote on the motion was recorded as follows: Akin - Yes Enzbrenner - Yes Smith - Yes Lawrence - Yes Anderson - Yes Wilken - Recuse The motion carried 5 -0. ITEM 6: PRESENTATION OF FINANCIAL REPORT Report was given by Ms. Bishop. ITEM 7: UPDATE AND DISCUSSION OF ISSUES RELATING TO PRECISION COMPONENTS. Mr. Ray briefed the Authority on a meeting with Ms. Hutchison. There was discussion concerning available property in the Owasso area. ITEM 8: PRESENTATION OF STATUS REPORT RELATING TO CURRENT PROJECTS. There was discussion on the completion of the ONG facility. Mr. Ray stated that the final punch list will be completed soon along with final payment and request for retention and maintenance bonds. Also, a current report was given by Mr. Ray regarding the NSP roadway and a meeting he had with Mr. Robinson. The Authority decided upon a deadline of July 31, 1997, for Mr. Robinson's acceptance of the offer. ITEM 9: PRESENTATION OF STATUS REPORT RELATING TO CURRENT PROSPECTS. Economic Development prospects were discussed with the Authority. ITEM 10: REPORT FROM OEDA MANAGER Mr. Ray introduced Mr. Robert Tobias, the new Owasso Economic Development Director. A brief presentation was given by Mr. Tobias. OWASSO ECONOMIC DEVELOPMENT AUTHORITY July 10, 1997 Page No. 4 ITEM 11: UNFINISHED BUSINESS None ITEM 12: NEW BUSINESS None ITEM 13: ADJOURNMENT Mr. Anderson moved to adjourn, seconded by Mr. Akin. A vote on the motion was recorded as follows: Akin - Yes Enzbrenner - Yes Smith - Yes Kimball - Yes Anderson - Yes Wilken - Yes Motion carried 6 -0 and the meeting was adjourned at 11:40 AM. Frank Enzbrenner, Chairperson Date Approved OWASSO ECONOMIC DEVELOPMENT AUTHORITY MINUTES OF SPECIAL MEETING July 21, 1997 The Owasso Economic Development Authority met in special session on Monday, July 21., 1997 in the Owasso City Hall Lower Level Conference Room per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 2:00 p.m. on Thursday, July 17, 1997. PRESENT ABSENT STAFF PRESENT Tom Kimball Alan Anderson Robert Tobias Gary Akin Mark Wilken Sherry Bishop Frank Enzbrenner Brenda Lawrence Buz Walker Brian Smith Robert Car Marsha Hensley ITEM 1: CALL TO ORDER Chairperson Frank Enzbrenner called the meeting to order at 8:08 a.m and declared a quorum present. ITEM 2: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE OEDA TRUSTEES TO DECLARE THE ONG FACILITY SUBSTANTIALLY COMPLETE AND ACCEPT BENEFICIAL OCCUPANCY AS OF JULY 22. 1997. Mr. Enzbrenner presented the item. Mr. Tobias would like the minutes to note that Mr. Wilken is recusing himself due to his association with ONG. After a brief discussion regarding ONG's request to take possession on Tuesday, July 22, 1997 of the new facility, Mr. Kimball moved to approve the request for the OEDA Trustees to declare the ONG facility complete, subject to the approval from the participating banks. Mr. Akin seconded. A vote on the motion was recorded as follows: Enzbrenner - Yes Kimball - Yes Smith - Yes Akin - Yes The motion carried 4 -0. ITEM 3: ADJOURNMENT Mr. Kimball moved to adjourn, seconded by Mr. Smith. A vote on the motion was recorded as follows: Owasso Economic Development Authority July 21, 1997 Page No. 2 Enzbrenner - Yes Kimball - Yes Smith - Yes Akin - Yes Motion carried 4 -0 and the meeting was adjourned at 8:15 a.m. Frank Enzbrenner, Chairperson Date Approved FUND TOTAL =___> 57,536.64 GRAND TOTAL =___) 57,536.64 1 CITY OF OWASSO OWASSO ECONOMIC DEV. AUTHORITY 6/08/97 9:18:55 A/P CLAIMS REPORT APAPVR PAGE: PO # ---- --- --- VENDOR ---- ------------ -- - - - - - -- ------ DESCRIPTION ------------- -- - - -- - -- AMOUNT --- - - --- -- ECONOMIC DEVELOPMENT 980362 RONALD D CATES LEGAL SERVICES 100.00 980394 TREASURER PETTY CASH REIMB FORENSIC PHOTOGRAPH 400.00 ---- --- - -- - -- DEPARTMENT TOTAL =___> 500.00 ONG PROJECT ------------------------------ 980361 RONALD D CATES LEGAL SERVICES 260.00 980376 BROWN CONSTRUCTION CO ONG WORK CENTER 56,776.64 DEPARTMENT TOTAL =___> 57,036.64 FUND TOTAL =___> 57,536.64 GRAND TOTAL =___) 57,536.64 1 City of Owasso Owasso Economic Development Authority Schedule of Revenues and Expenses For the Month Ending July 31, 1997 MTD YTD Operating income: Contributions $0.00 $0.00 Sale of property 0.00 0.00 Other 0.00 0.00 Total revenues 0.00 0.00 Operating expenses: Materials & supplies 0.00 0.00 Services & other charges 0.00 0.00 Capital outlay 0.00 0.00 Total expenses 0.00 0.00 Operating income (loss) 0.00 0.00 Non - operating income (expenses): Proceeds of construction loan 57,699.00 57,699.00 ONG Work Center Project (57,699.00) (57,699.00) Total non - operating income (expenses) 0.00 0.00 Net income (loss) 0.00 0:00 Fund balance ** 07/0.1197 $38,273.53 Fund balance ** 07/31/97 $38,273.53 * *Note: For the purposes of this report, "Fund balance" includes only current assets and current liabilities. City of Owasso Owasso Economic Development Authority Balance Sheet June 30, 1997 Assets Cash $32,829 Lease receivable - Precision 335,781 Equipment 3,341 Construction in progress - ONG project 1,174,713 Total assets $1,546,664 Liabilities and Equity Liabilities — Accounts payable $6,720 Notes payable - Precision 335,781 Construction note payable - ONG project 1,162,549 Total liabilities 1,505,050 Fund equity — Retained earnings, unreserved 41,614 Total liabilities and fund equity $1,546,664 TO: HONORABLE CHAIR AND TRUSTEES OWASSO ECONO EVELOPMENT AUTHORITY FROM: PHIL 11=9 P.E. ENGINEERING PROJEC AGER SUBJECT: CONTRACT MODIFICATION, OWASSO ONG ROADWAY AND UTII.TTY IMPROVEMENTS (OAK TREE BUSINESS PARK) DATE: July 1, 1997 BACKGROUND: Contract award was made on October 29, 1996 in the amount of $339,903.70 and the Notice to proceed was issued on February 20, 1997. Following contract award, the sanitary sewer alignment was revised due the inability to negotiate an easement with the property owner. An easement was signed by the owners for the current alignment on December 21, 1996. This easement agreement contained certain stipulations not anticipated at the time of contract award. One previous change order eliminating specific roadway elements agreed to be constructed by Tulsa County was issued on February 12, 1997. The change decreased the contract by $117,270.60 to a revised amount of $222,633.10. DISCUSSION: The final contract payment to Yocham Enterprises amounting to $215,303.90 was approved by the OEDA on June 12, 1997. Final payment resulted in a savings of $7,329.20 compared to the contract amount. Payment was withheld until final grading and right -of -way cleanup was approved by property owners. Based on comments provided by the Edison (Harrell) family for (property west of Garnett Road) and requirements included in the easement, one manhole was requested to be lowered and the area along the easement to be seeded with grass. This additional work was outside the scope of the Yocham contract but was necessary to close out the contract and satisfy the property owners. The change in the amount of $1,500 was approved by the City Manager and work has been completed. Following approval of this change by the Trustees, a Purchase Order will be issued for payment. The change order is attached. Staff recommends approval of a change order to provide seeding of the Edison (Harrell) sanitary sewer right -of -way and the lowering of one manhole for a total cost of $1,500. ATTACHMENTS: Change Order F1 SECTION 00600 CHANGE ORDER p JUL 111997 I PROJECT: ()was ,so ONC Roadway and CHANGE ORDER NU1vfFSE'R: Utility Ymproverr.ertts ` (Oak Tree Business Dart:) DATE: June 23, 1997 CONTRACT DATE: October 29, 1996 TO CONTRACTOR: Yocham' Enterprises CONTRACT FOR: P.O. Box 2227 Sapulpa, 01; 74066 This N' Contract is cha.uged as follows: Provide approximately 1.4 acres of seed and fertilizer at the san- itary sewer R /W. Lower the top of manhole (i 2 by 2 feet. Not valid until signed by the Owner and Contractor The original Contract Sum was Net change by previously authorized Change Orders The Contract Sum prior to this Change Order was The Contract Sum will be (increased) (_k.ry uu �) by this Change Order in the amount of The new Contract Sum including this CHauge Order will be The Contract Time will be (i edj (deetea3a}) (unchanged) by The date of Substantial Completion as of the date of this Change Order therefore is unchanged Construction of approximately 1207 LF of 8" water line, 3992 LF of 8" sanitary sewer lines, 919 LF of'storm sewer, 2000 CY rough grading, 2274 LF curb and gutter, and 4352 SY asphalt paving. $339,903.70 $117,270.70 $222,633.10 $ 1,:100.00 $224,133.10 (_ 1 days. NO'YT; This summary does not reflect elianges in the Contract sum Time which have been authorized by Construction Change Directive. L1- CONTRACTTOR (/ �"- !✓ a— 'ADDRESS � _De) -� Yap� BY QtiJ DATE OQasso 8conomic Development Authority OWNER _. ADDRESS M DATE CHANC E ORDER 000M) - t n t MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO ECONOMIC DEVELOPMENT AUTHORITY FROM: RODNEY J RAY CITY MANAGER SUBJECT: RIGHT -OF -WAY FOR EXTENSION OF FIFTH AVENUE DATE: August 11, 1997 BACKGROUND: The staff has been in discussions with Mr Alan Robinson (Fin -X Inc) for several months regarding the proposed route of Fifth Avenue across property he owns." On July 15, I met with Mr Robinson for the purpose 'of relaying to him the OEDA's offer to construct drainage improvements he had requested with a partnership arrangement. That offer set his contribution at a maximum of $50,000, while the OEDA would contribute $432,798 to the project. On July 18 that conversation was followed up with correspondence that put the offer in writing and requested a response by August 8 in order for the OEDA to take some form of action on August 14th (letter attached). As of this date, the staff has received no response from Mr Robinson. As a courtesy, an attempt to contact him will be made on Wednesday, August 13 to determine if he has any interest in pursuing the proposed partnership. Absent Mr Robinson's agreement to contribute to the project, the OEDA must review its options and determine a course of action. It appears that there are four options available to the authority. They are: 1. Do nothing and do not extend Fifth Avenue. 2. Develop an alternative route for traffic using Cedar, Dogwood or Birch Streets. 3. Agree to pay for the entire project as Mr Robinson has offered as a prerequisite to his donation of the property. 4. Request City Council action to condemn the amount of property needed for the right - of -way. FIFTH AVENUE EXTENSION AUGUST 11, 1997 PAGE 2 The staff will brief the Trustees during the meeting on the status of the project and the options available. Mr Cates has been requested to attend the OEDA meeting in order to answer any legal question relating to the condemnation process. NOTES: , 1. Approximately 5.6 acres of property are needed for the right -of -way. Estimated cost of condemnation of the property is $10,000 for legal fees and commissioners cost; and $25,000 for cost of property award. Total estimated cost equals $35,000 (there are numerous factors that could affect the estimated cost). RECOMMENDATION: The staff recommends Trustee action to recommend City Council action to condemn property necessary to the extension of Fifth Avenue from its present location east to the US 169 service road. ATTACHMENT: 1. Correspondence to Allen Robinson dated July 18, 1997 C:\WPDATA\ECONDEVE\5AVEILTVIY.NM 207 South Cedar PO Box 180 Owasso, OK 74055 July 18, 1997 Mr Alan Robinson Fin -X Inc 402 W Second Ave Owasso, OK 74055 Dear Alan: City of Owasso (918) 272 -2251 FAX (918) 272 -4999 Thank you for taking the time to visit with me when I came by to introduce Robert Tobias, our new Director of Economic- Development, as well as to brief you on the OEDA proposal to provide for the extension of Fifth Avenue. As you know, the street extension required to accommodate National Steak & Poultry and Precision Components will also improve the safety of traffic flow in this corridor of the city. - Additionally, these capital improvements will increase the value of properties adjacent to the street and allow for further real estate developments. In the OEDA meeting on July 10; the Trustees reiterated the importance of moving forward on this project. As you know, we have been discussing the need for this project for almost two years. To reiterate, the following represents our position: 1. We want to proceed with the project in earnest. 2. We want to make all the improvements. 3. We have a total of $432,798.69 to complete this project. 4. The total project is estimated to cost $472,335. 5. The OEDA lacks approximately $40,000 of having adequate funds for the total project. 6. Without the channel extension and associated costs, the funds available from ODOT would be adequate to cover the entire project. The OEDA is not opposed to the channel extension and other work necessary to remove your property from the flood plain. In fact, they believe these improvements will increase the value of your property, as well as improve the image of Owasso's front door. However, the funds are simply not adequate to cover the entire cost of this project. MR ALAN ROBINSON JULY 18, 1997 PAGE 2 Therefore, the OEDA has proposed to joint venture the project, with the city contributing $432,798, all of which enhances the value of your property. The balance, not to exceed $50,000, is requested from your interest. Keep in mind that, if the contract bids result in a cost of less than $482,798, your financial burden would also be reduced. The mosf favorable result would be if the bids are lower than $432,798, then you would receive the benefits of these improvements without any personal cost. We are prepared to begin the bidding process, but would require receiving a letter of credit or funds in an escrow account, prior to the award of this contract. The OEDA Trustees also expressed their desire for staff to explore other alternatives in support of moving forward on this project. It is our hope that we can secure your support and financial assistance on this project so that we can move ahead in an expeditious manner, thus it is also important that a time frame be established that will allow the OEDA to determine what course of action to pursue. Therefore, if you could respond to this offer prior to August 8, it will allow the Authority to place an action item on their August 14 agenda. In closing, I look forward to demonstrating that the OEDA and the city will work in concert with local businessmen and property owners to facilitate the growth and expansion of the city. Please call Robert Tobias, Phil Lutz, Robert Carr or me if you have any questions. Sin rely, Rodney J Ray MEMORANDUM TO: Frank Enzbrenner, OEDA FROM: Rodney R. Ray, City of Owasso SUBJECT: PSO Underground Easement for ONG Project DATE: August 11, 1997 Attached is the finalized agreement for the underground easement related to the Oklahoma Natural Gas facility. This agreement was required in order to provide underground electric service to the new ONG facility. Mr. Ron Cates, City Attorney, has reviewed the proposed agreement and has approved the contractual language. Staff recommends the approval of this underground easement agreement. RONALD D. CATES Attomey at Law Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 PAX 918 -582 -0166 918 -582 -7447 Mr. Robert M. Tobias, Jr. Director of Economic Development City of Owasso P.O. Box 180 Owasso, Oklahoma 74055 July 28, 1997 In Re: PSO Underground Easement Dear Mr. Tobias: I am corresponding in response to your correspondence dated July 23, 1997, relating to the above referenced matter. I have reviewed the attached Underground Right -of -Way Easement submitted to you by Ann Miller, Right -of -Way Agent, Public Service Company of Oklahoma. The subject easement does contain the modifications requested by us in our meeting with PSO representatives on the 15th day of July, 1997. Accordingly, such easement should be submitted to the Owasso Economic Development Authority for their approval at their next regular board meeting. I trust the foregoing meets with your needs at this time. Should you have any questions or comments concerning same, please do not hesitate to contac� ya Ronald D. Cates Authority Attorney RDC /nhc 2966- 018.lrt PSO Agent: Ann Miller /Joe Green P.O. Box 201 Area No: D -6098 W. 0.: 20101568 Tulsa, OK 74102 NW /4,Sec.20,T21N,1U4E UNDERGROUND RIGHT -OF -WAY EASEMENT IINOW ALL MEN BY THESE PRESENTS: That: Owasso Economic Development Authority, an Oklahoma Public Trust, hereinafter referred to as "Grantor(s) ", for the sum of One Dollar ($1.00) and other good and valuable considerations in hand paid, the receipt and sufficiency of which as consideration for any and all direct and indirect, current damage, injury or diminution in value to the property covered by this easement, or the property of Grantor(s) adjacent thereto is hereby acknowledged, hereby grants, burins, sells and conveys unto PUBLIC SERVICE COMPANY OF OKLAHOMA, an Oklahoma corporation, its successors and assigns, hereinafter referred to as "Grantee ", an easement consisting of the perpetual right, privilege and authority to construct, operate, maintain, reconstruct and remove an underground electrical system consisting of conduits, wires, cables, fixtures, surface- mounted transformers and -pedestals and other appurtenances for the transmission, transformation, regulation and distribution of electrical current and other forms of energy and for the nonexclusive transmission or communication of data, audio and video information under, upon and across a portion of a tract or parcel of land owned by Grantor(s). Such tract or parcel is located in Section 20, Township 21 North, Range 14 East, T.B. &M., Tulsa County, State of Oklahoma, and is described as follows: Lot One (1), Block One (1), Oak Tree Business Park, Tulsa County, State of Oklahoma, according to the recorded plat thereof; (herein referred to as "premises"). The easement and right -of -way granted hereby is 5 feet on each side of a centerline, more fully described as follows: Beginning at a pull box located 315.36 feet South of the Northwest corner and 6.77 feet East of the West line of said Lot 1 of Block 1; Thence S85 °15'01 "E a distance of 76.39 feet; Thence S77 °31'21 "E a distance of 113.94 feet; Thence S82 059'23 "E a distance of 41.95 feet; Thence S73 °20'2T E a distance of 98.63 Meet; Thence S66 °05'36"E a distance of 56.91 feet; Thence S77 °32'54 "E a distance of 11.92 feet to a transformer and the Point of Temunation. Said right-of- -way to be 10 feet in width. Grantor(s) wamant.that.the surface of the earth upon said easement will;not be lowered without prior consent of Grantee This covenant is recognized as being necessary for the protection of the underground facilities and the public. Granior(s) agrees to be responsible for any damage to the facilities.. Grantor(s) agrees to prevent the placement of any structure within said easement. While the installations to be made by Grantee in pursuance of Us grant are made.to facilitate the development of Grantors' property and are permanent in nature, Grantor(s) nevertheless reserves the right to require relocation of all or part of said facilities installed by Grantee hereunder to the extent, from time to time, as is necessary to permit the further development of said property, upon the condition, however, and it is hereby agreed that. Grantor(s), or the successors in interest to Grantor(s), will bear the cost of any and all such relocations. ALSO granting said Grantee, its successors and assigns, the perpetual right, privilege and authority to prevent, in the easement, the placement of any structure that may, in the judgment of the Grantee, interfere with or endanger said underground electrical system or its maintenance and operation; and to enter upon, over and across the above described premises as well as any street, alley, highway, railroad or other right -of -way now or hereafter established on said premises for the purposes of constructing, operating, maintaining, reconstructing and removing its underground electrical system aforesaid. PSO Lot 1, Block 1, P.O. Box 201 Oak Tree Business Park Tulsa, OK 74102 The failure of Grantee to exercise any of the rights granted hereby, in whole or in part, for any period of time shall not be deemed to constitute a waiver, release, abandonment or limitation of such easement, right, privilege or authority. Grantor(s) hereby reserves the right to make such use of the land included.within the easement as is not inconsistent with the rights, privileges and authorities granted hereby. Granto(s) hereby warrants unto Grantee that Grantor(s) will defend the easement and all rights, privileges and authorities hereby granted against every person or persons who may lawfully claim an interest in the property of Grantor(s) contrary thereto. Grantor(s) hereby acknowledges that this document contains the entire agreement between Grantor(s) and Grantee regarding the easement, rights, privileges and authority granted herein and that Grantor(s) is not relying upon any oral or written representations or assurances given by Grantee in connection with the negotiations for this document. Any special agreements between Grantor(s) and Grantee shall be in writing, and signed by both parties. SIGNED AND DELIVERED this day of . 1997. Owasso Economic Development Authority, an Oklahoma Public Trust By: Title: (Acknowledgment In a Representative Capacity) State of Oklahoma ) )SS. County of The foregoing instrument was acknowledged before me this day of 1997, by as of Owasso Economic Development Authority, an Oklahoma Public Trust. - c Notary Public (SEAL) My Commission Expires: MEMORANDUM TO: Frank Embrenner, OEDA FROM: Rodney R. Ray, City of Owasso SUBJECT: Owasso Chamber of Commerce DATE: August 11, 1997 As you know, the by -laws of the Owasso Chamber of Commerce, provide for the appointment of an Owasso Economic Development Authority representative, to serve as a member of the Board of Directors of the chamber. Staff would recommend that Robert Tobias, Director of Economic Development for the city of Owasso, be appointed to serve in this capacity. MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO ECONOMIC DEVELOPMENT AUTHORITY FROM: RODNEY J RAY CITY MANAGER SUBJECT: BY -LAWS COMMITTEE DATE: August 11, 1997 BACKGROUND: At the last meeting of the OEDA, the status of the Authority's by -laws was discussed. Pursuant to that discussion, the staff has found a record indicating official adoption of by -laws occurred on March 9, 1988. However, an unsigned copy of what appears to be the adopted by -laws is all that has been found (attached). Interestingly, an amendment (signed) to the OEDA by -laws has been found and minutes indicate that it was adopted by the Trustees on September 13, 1989. Both minutes were found by the City Clerk. After discussion of this information, the Chair determined that a by -laws committee should be formed to review the by -laws and ensure they reflect the current needs of the organization. ACTION: The Chair will appoint a committee to review the by -laws and recommend to the Trustees any changes deemed. necessary. ATTACHMENTS: 1. Minutes of the March 9, 1988 OEDA Meeting 2. Unsigned By -Laws 3. Minutes of September 13, 1989 OEDA Meeting 4. Amendment to the By -Laws C: %WPDATA\ECONDEVE\BY -LAWS 1.MEM OWASSO ECONOMIC DEVELOPMENT AUTHORITY MINUTES OF SPECIAL MEETING MARCH 9, 1988; 3:00 P.M. CONFERENCE ROOM OF CITY HALL, 207 S. CEDAR ITEM 1: CALL TO ORDER The Meeting was called to order at 3:10pm with Chairman John Kastner presiding. ITEM 2: ROLL CALL- .*-- , Present: Alan Anderson Staff Present: Robert Bumgarner Frank Enzbrenner Ron Cates Lynn Freeman Alice Davis John Kastner Sh- y Lambert Tom Kimball Sta y Lamb Pat Marlar ITEM 3: CONSIDERATION AND VOTE TO APPROVE THE MINUTES OF THE FEBRUARY 16TH MEETING. A motion was made by Frank Enzbrenner and seconded by Alan Anderson to approve the minutes of February 16th with the following correction: * Without prior approval of this authority, Mr. Bumgarner is able to purchase any one item up to $1000 however, there is an aggregate limit of $5000. The.vote was recorded as follows: Aye: Enzbrenner, Anderson, Freeman, Kimball, Lamb, Marlar Kastner Nay: None Motion: Carried,7 -0 ITEM 4: CONSIDERATION.FOR APPROVAL OF WARRANTS. Attorney Cates. noted that it is improper for a public body to expend public funds for political purpose. Pat Marlar made a motion to approvc the warrant list, deleting the $100.00 Democratic Party Reception reimbursement to Mr. Bumgarner. Sherry Lambert brought up the question the $100.00 housing allowance. At 3:15 Chairman Kastner called for a recess in order to obtain the minutes from previous meetings. At 3:35 Tom Kimball moved to reconven. the meeting and Pat Marlar seconded the motion. (Stacy Lamb absent for minutes) Pat Marlar suggested that a written contract be prepared for salary and benefits. i Tom Kimball seconded Pat Marlars motion. A vote was recorded as follM, Aye: Marlar, Kimball, Anderson, Enzbrenner, Freeman, Kastner Nay: None Motion:' C rried 5 -0 Ana salarv. OEDA Minutes from 3/9/88 page 2 ITEM 5 REVIEW OF BY -LAWS AND CONSIDERATION FOR APPROVAL. A motion was made by Frank the change of regular meet Alan Anderson seconded the Aye: Enzbrenner, Nay: None Motion: Carried Enzbrenner to approve the By -Laws subject ing date to the second Wednesday of each R motion. `A vote was 'recorded as follows: Anderson, Freeman, Kimball, Marlar, Kastr 5 -0 ITEM 6 CONSIDERATION FOR APPROVAL OF SHARED SERVICES AGREEMENT. (Stacy Lamb in at 4:00) Tabled until written agreement is drafted. ITEM 7 CONSIDERATION TO APPROVE TO MOVE ALL O.E.D.A. MEETINGS TO SECOND WEDNESDAY OF EACH MONTH AT THE O.E.D.A. OFFICES, LOCATED AT 2ND AVE_, TO BE HELD AT 3:00 P.M.. A motion was made by Frank Enzbrenner and seconded by Alar Anderson. A vote was recorded as follows: Aye: Enzbrenner, Anderson, Freeman, Kimball, Lamb, Mares_,' Kastner 1 Nay: None / Motion: Carried 6 -0 ITEM 8 CONSIDERATION TO APPROVE LOGO FOR O.E.D.A.. A motion was made by Frank Enzbrenner to approve the logo presented with "Owasso Economic Development Authority" written in b of circle and subject to Chamber of Commerce's approval "Chamber of Commerce" will be included in that circle. Seconded by Lynn Freema vote was recorded as follows: Aye: Enzbrenner, Freeman, Anderson, Lamb, Marlar, Kastner Nay: Kimball Motion: Carried 5 -1 ITEM 9 DISCUSSION AND APPROVAL OF INDUSTRIAL PARK. City Manager Rodney Ray offered to prepare a preliminary feasibility study and a net sag-- cost study. A motion was made by P Marlar and seconded by Alan Anderson to have Mr. Ray and staff do s A vote was recorded as follows: Aye: Marlar, Anderson, Enzbrenner, Freeman, Kimball, L=-1 Kastner Nay: None Motion: Carried 6 -0 OEDA Minutes from 3/9/88 page 3 TEM VAL OF LEASE AGREEMENT WITH P.S.O., A motion was made by Tom Kimball to approve lease, with Robc Bumgarners signature to authorize said lease. - Seconded by Alan Ander; A vote was recorded as follows: Aye: Kimball, Anderson, Enzbrenner, Freeman, Lamb, Marlar, Rastner Nay: None Motion: Carried 6 -0 ITEM 11 ADJOURN A motion was made by Frank Enzbrenner and seconded by Alan Anderson to adjourn. A vote was recorded as follows: Aye: Enzbrenner, Anderson, Freeman, Kimball, Lamb, Marlar Kastner Nay: None Motion: Carried 6 -.0 The meeting was adjourned at 4:30 p.m.. Alice Davis, Secretary ///er��' / 4ohn Kastner, Chairman 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso To: OEDA Board of Directors From: Robert M. Tobias, Jr., City of Owasso Date: July 31, 1997 Subject: OEDA By -Laws (918) 272 -2251 FAX (918) 272 -4999 Attached is a copy of the original OEDA by -laws. This particular copy lacks the signatures of the Chairman and the Secretary, and is not dated. However, according to the minutes dated March 9, 1988, there was a motion and approval of these by -laws. We are requesting Ron Cates, the City Attorney, to advise on the manner in which we should proceed to have a signed set of by -laws. On September 13, 1989, there was also an amendment to the by -laws which addresses issues related to the presiding official, as well as an attempt to schedule a regular meeting date and time. Throughout 1994, regular meetings were held on various days and at differing locations. We are continuing to research the various issues related to the operation of the OEDA to assure compliance with the Open Meeting Law and with the provisions of the Trust Indenture. Please call if you have any questions. BY-LAWS FOR THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY OWASSO, OKLAHOMA Section One Section Two section Three Section Four Section Five Section Six Section Seven Section Eight Section Nine Section Ten Section Eleven Section Twelve Section Thirteen Section Fourteen Section Fifteen Section Sixteen Section Seventeen Section.,Eighteen Section Nineteen Section Twenty. Section .Twenty -One Section Twenty -Two General Provisions Presiding Official; Election of Duties Officers Regular Meetings Special Meetings Agenda Order Roll Call Quorum order of Business Reading of Minutes Rules of Debate Addressing the Authority Addressing the Authority after Motion Made Manner of Addressing Authority, Time Limit Decorum Special committees Standing Committees Members May File Protest Against Authority Action Claims Against The Authority Resolutions, Motions and Contracts Adjournment SECTION ONE GENERAL_ PROVISIONS: A.. The:- following provision's, unless amended, changed,. deleted or modified by subsequent resolution, consistent with the' provisions of''the Trust Indenture of The Owasso Economic Development Authority as well as State or Federal law relating to public trusts, shall govern the conduct of.. all regular, special and emergency meetings of the Owasso Economic Development Authority. Any resolution so amending, changing, deleting- or modifying the provisions hereof shall be approved by an affirmative vote of two - thirds (2/3). of the membership of the Authority prior to the effectivness thereof. -1- B. The provision hereof shall be construed in accordance with the laws of the State of Oklahoma. C. Sections, paragraphs, sentences, clauses and phrases of these By -Laws are severable, and if any phrase, clause, sentence, paragraph, or Section of these By -Laws is declared by a Court of competent jurisdiction as being unconstitutional, illegal or otherwise invalid, then such unconstitutionality, illegality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or Sections of these By -Laws. D. A word importing one gender only shall extend and be understood to apply to both genders. SECTION TWO PRESIDING OFFICIAL; ELECTION OF DUTIES:_ A. The presiding official of the Authority shall be the Chairman who shall be elected annually at the first regular meeting in May of each year by the members from their membership. The Chairman shall assume the chair of the presiding official immediately after his election. B. The presiding official shall preserve strict order and decorum at all regular, special and emergency meetings of the Authority. He shall state every question coming before. the Authority, announce the decision of the Authority on all subjects, and.decide all questions of order; subject, however, to an appeal to the Authority, in which event a majority vote of the Authority shall govern and conclusively determine such question of order. He shall vote on all questions, his name being called last. He shall sign ail .Authority resolutions, and all other obligations of the Authority as authorized by the Authority, adopted by the Chairman during his presence. In the event of the absence of . the Chairman, a Vice - Chairman, - elected .from ;the membership at the first meeting in May of each year,> shall be the presiding official as well as sign all resolutions or obligations of the Authority as adopted by the Authority, during his presence. The Authority. may appoint as officers of the Authority a director, secretary, treasurer and attorney, as well as any deputies thereof as deemed necessary and employees as in the Authority's discretion are deemed advisable. In such appointment the Authority shall delineate the duties of such position as well as the compensation to be provided -2- therefor. All such appointments, unless otherwise provided by written contract between the officer /employee and the Authority, shall be at the pleasure of the Authority with removal of any officer /employee allowed with or without cause at any time. The duties of the officers set forth above shall be generally, but not limited, to the following, to -wit: A. Director - The Director shall be the Chief Administrative officer of the Authority. Such person shall: 1) Appoint, and when deemed necessary for the good of the .Authority, layoff, suspend, demote, or remove all heads of subordinate administrative departments and employees thereof. ,2) Supervise and control, directly or indirectly, all subordinate departments, agencies and employees. 3) Prepare a budget annually and submit it to the Authority, be responsible for the administration of the budget after it goes into effect and recommend to the Authority any changes in the budget which he deems desirable. 4) Submit to the Authority a report as of the, end of the fiscal year on the finances and administrative activities of the Authority for the preceding year. 5) Keep the Authority advised of the financial condition and future needs of the Authority, and make such recommendations to the Authority on matters of policy and other - matters as may seem to him desirable. 6): Have such other powers, duties, and functions as these`By-Laws .may prescribe, and such powers, duties,:and. functions consistent. with these By -Laws, the - Trust Indenture. of- '.the Owasso Economic Development Authority, State or Federal 'law relating to public trusts, as the'Authority may prescribe. B. Secretary The Secretary shall be appointed by the Authority for in indefinite term; 'provided, that the Authority by resolution may provide that the Treasurer shall be ex officio Secretary. He shall serve as clerical officer of the.:_Authority. He shall keep the journal of its proceedings, and shall enroll in a book or-books kept for the purpose all resolutions passed by it; shall be custodian of such documents, records and archives as may be provided -3- by applicable law or resolution; shall be custodian of the seal of the Authority, and shall attest, and affix the seal to, documents when required in accordance with applicable law or resolution; and shall have such other powers and duties consistent with these By -Laws, the Trust Indenture of the Owasso Economic Development Authority, State or Federal law relating to public trusts, as may be prescribed by the Authority. C. Treasurer - The Authority Treasurer, or personnel under his supervision and control, shall collect or receive revenue and other money for the Authority. The Treasurer shall be responsible for its custody, safekeeping, deposit, and disbursement. Further, the Treasurer shall maintain a general accounting system for the Authority. He shall have such other powers, duties and functions consistent with these By -Laws, the Trust Indenture of the Owasso Economic Development Authority, State or Federal law relating to public trusts, as may be prescribed by the Authority. D. Attorney 1) The Attorney is the chief legal adviser of the Authority,:,.all officers, departments, and agencies of the Authority in matters relating to their official powers and duties. He represents the Authority in proceedings in the courts, and performs all services incident to his position which may be required by law or resolution. 2) The Attorney shall preserve in his office a record of all cases in which. the Authority is interested, in any of the Courts and shall enter, or cause to be entered therein, abstracts of all proceedings of the cases. He shall also preserve in his office, copies of all. written opinions furnished by him to the Authority. 3) The Attorney shall have a right to the possession of any and all legal papers, books, or dockets belonging to the Authority, upon leaving a receipt therefor. He,may...demand and receive from any officer or employee of the Authority, any. book, paper or document, necessary to be used in any suit, or which he may desire for his examination. 4) The Attorney shall prepare, when requested to do so, all resolutions, contracts, bonds and other instruments, in writing, in which the Authority is concerned. -4- 5) The Attorney shall be notified of all meetings of the Authority however he shall be present in person only at meetings of the Authority each month as requested by the Chairman, for the purpose of giving legal advise to the Authority. 6) Whenever the Chairman, or other appropriate officer of the Authority shall desire legal advice or an opinion from the Attorney on any legal question on which they. desire a written opinion, such. question shall be submitted to the Attorney in writing and he shall, within a reasonable time, render to the Chairman or such other person, an opinion thereon in writing. 7) With the approval of the .Authority, the Attorney shall have authority to employ competent persons to assist him in the discharge of his duties, and the compensation to be paid such assistants shall be fixed by the Authority. SECTION FOUR REGULAR MEETINGS: A. Time. The Authority shall hold regular meetings on the second Wednesday of each month at 3:00 .P.M.; provided, however, that when the day, fixed for any regular meeting of the Authority falls on a day designated by law as a legal or national holiday, a day wherein 'an. election is held within the City, or a day wherein a majority of the members of the Authority shall.be absent from the city, the Authority, not less than ten (10) days prior to the date for implementation of any such change, may, by motion, change the .date, time or place of a regularly'. -scheduled meeting of the Authority, provided written' notice., thereof . is contemporaneously given to the Secretary of the Authority. B. Place. All regular meeting: of the Authority s' shall be held' at the offices of the Authority, Owasso, Oklahoma, unless otherwise provided i in Subsection A hereof. SECTION FIVE SPECIAL MIMTINGS: The Chairman of the Authority may call special meetings of the Authority whenever, in his or her opinion, the public business may require it, or a special meeting shall be called at the express written request of any three (3) members of the Authority. Whenever a- special meeting shall be called, a notice in writing, signed by. the Chairman or the Secretary attesting to the call, shall be served ,upon -5- each member of the Authority either in person or by notice left at the member's place of residence, stating the date, place and hour of the meeting and the purpose for which such meeting is called, and no business shall be transacted thereat, except such as is stated in the notice. SECTION SIX AGENDA:,. All reports, communications, resolutions, contract documents, or other matters to be: submitted to the Authority shall, at least five (5) calendar days prior to each Authority meeting, be delivered to the Secretary, whereupon the Secretary shall arrange a list of such matters according to the order of business and furnish each member of the Authority, the Director and the Attorney for the Authority, with a copy of same prior to the Authority meeting and as far in advance. of the meeting as time for preparation will permit. The foregoing should not be interpreted as precluding the utilization of addendum to the agenda; provided, however, that same complies with the requirements of the Oklahoma Open Meeting Act,. and further, is of an urgent nature as well as concerns a matter which could not have otherwise been transmitted - to the Secretary in a timely fashion. .Inclusion of the foregoing matters on, the agenda shall be by request of the Chairman or Authority member or by the Director or the Secretary or Treasurer or the Attorney of the Authority. SECTION SEVEN ORDER: The Chairman, or in his absence, the Vice- Chairman, or upon the occurrence of four (4) Authority members being present, the Secretary, or his assistant, shall call the Authority to order; whereupon a temporary Chairman shall be elected by the .four (4) members of the Authority present. Upon the arrival of the Chairman or Vice- Chairman, .the temporary Chairman shall immediately relinquish the chair upon the conclusion of the business immediately before the Authority. SECTION EIGHT ,ROLL CALL: Before: proceeding with the business of`the.Authority, the Secretary or his deputy shall call the roll of the members, and the names of those present shall be entered in the minutes. SECTION NINE Uq ORUM: A majority of all the members appointed to the Authority shall constitute a quorum at any regular, special or emergency meeting of the Authority. SECTION TEN ORDER OF BUSINESS:_ A. All meetings, regular, special and emergency, except executive - sessions as authorized by law, shall be open to the public. No person shall be barred unless such person is disorderly or refuses to obey the order of the Chairman, or Vice - Chairman in the Chairman's absence, or temporary Chairman upon the event of the absence of either the Chairman or Vice - Chairman. B. promptly at the hour set by law on the day of each regular, special or emergency meeting, the members of the Authority, the Director, the Secretary and the Attorney, shall take their regular stations in the Authority chambers and the business of the Authority shall be taken up for consideration and disposition in the following order: 1. Call to order; 2. Roll call; 3. Approval of minutes of previous meeting; 4:. Consideration of unfinished business from previous meeting; 5. Introduction_ and adoption of resolutions; I 6. Consideration of petitions, contracts and communications; 7. Report of- officers; 8: Approval of claims; 9. New business; and I 10. Consideration-of request for executive sessions. C. The order of disposition of the matters to be taken up for consideration by the Authority may .be rearranged by the direction of the Chairman, .or the Vice- Chairman in the Chairman's absence, or the temporary -7- Chairman in the event of absence of the Chairman and the Vice - Chairman, the concept of the Chairman prerogative being hereby preserved. SECTION ELEVEN. READING OF MINUTES:_ Unless the reading of the minutes of an Authority meeting is requested by a member of the Authority, such minutes may be approved without reading if the Secretary has previously furnished each member with a synopsis thereof. SECTION TWELVE OF DEBATE:_, A. Chairman or vice- unairmaia may u=u = naau The Chairman, Vice - Chairman or temporary chairman, as the case may be, may move, second and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of an Authority member by reason of acting as the presiding officer. shallvaddress the chair, and say, "Mr. Chairman ", and such member shall not proceed with the member's remarks until named and recognized by the presiding official. If any member is speaking, or otherwise, transgresses the rules of the Authority, the Chairman shall, or any member may, call such person to order, and the member called to order shall immediately cease, unless permitted to explain, and the Authority, if appealed to, shall decide without debate. If the decision be in favor of the member, called to order, he shall be at liberty to proceed. If against him and the circumstance requires, he shall be liable to the censure of the Authority. No person shall speak more than twice on the same question, unless permitted by the Authority. No member of the Authority shall leave his seat to speak to any other member of the Authority or any other person Ili the chamber without first obtaining permission of the :Chairman. When the Authority is in session, or when a member is speaking, or the. Secretary is reading any.paper to the Authority, no member. .shall in any way `disturb the proceedings of the Authority. No member of the Authority shall be- permitted to talk upon any one given subject longer than five (5) minutes at any given meeting, except when permission be granted for an extension of time by a two - thirds (2/3) vote of the members present at such meeting of the Authority. No members of the Authority shall, at any time in any meetings thereof, indulge in any personalities or indecorous language or in any matters or things not pertaining to the subject under discussion. The right of the floor of the Authority shall be accorded only to the members of the Authority and to the appointive officers of the Authority unless otherwise provided for herein. C. Privilege of closing debate.. An Authority member moving for the adoption of a resolution shall have the privilege of closing the debate thereon. In all other cases the closing of debate shall be governed by the presiding official unless by two- thirds (2/3) vote of the members present at such meeting of the Authority decides to extend debate for a time certain. D. Motion to reconsider. A motion to reconsider may be made either immediately during the same session, or at a recessed and reconvened session thereof only. Such motion need not be made by one not of the prevailing side, and be seconded by any Authority member. Such motion shall take precedence over all other motions and it shall. be debatable. E. Remarks or Autnor3.Lv mempuLs minutes. Any _Authority member may x .presiding official, the privilege of h the Authority member's statement on consideration by the Authority entered the Authority,` consents thereto, such entered in the minutes. wing an abstract of any subject under in the minutes: - ,If statement shall be F. synopsis of debate - -when enterea 3.nr-o me iuLnuLes. The Secretary may be directed by the presiding official, with consent of the Authority, to enter in the minutes a synopsis of discussion on any question coming regularly before the Authority. :G. Motions.._ When a question before the.. Authority contains 'several propositions, any member may - -call. for a division'of the question so as to vote'_ on each proposition separately.. Unless such request for division is made, after preliminary ..discussion of an agenda .item, the Chairman shall, consistent with these rules, call the matter for determination by the Authority. Subsequent to the Chairman calling the matter for determination the procedure shall be as follows: 1) Main Motion., Any member of the Authority desiring to offer a motion on a particular agenda item shall so indicate by raising his or her hand to obtain the Chairman's recognition. Subsequent to the Chairman recognizing the member, the member will thereupon, in clear and concise terms, move to: a. Continue the matter; b. Table the matter indefinitely: C. To,take a certain course of action; d. Approve for award a bid pending the signing of the contract and furnishing the required bond; e. Adoption of Resolution No. and that the reading of the resolution be waived; f. Approve or reject the claim of in the amount of; or g. Approve consent agenda items. Thereafter, members desiring to second such motion shall so indicate to the Chairman by raising the member's hand. Subsequent to the main motion receiving a second, the Chairman shall call for a vote; whereupon the Secretary shall in varying order, with the Chairman being called last, call for a roll call vote. In all cases, the member making the motion, the member seconding-the motion and the vote of the members thereon shall be entered in the minutes of the Authority. Every Authority member abstaining from voting on m a motion or being silent to sae shall be recorded as having cast a negative vote on such matter. 2) If no member offers a motion on an agenda item, the Chairman shall again call for motions. If no motion is presented after the second .calling, the Chairman shall declare the item fails for. lack of motion. Similarly, if no one seconds another member's motion, the Chairman shall, after calling twice therefor, declare that the motion fails for lack of a second. 3) Upon a.motion having been offered and seconded, j the Chairman shall call for a vote. 4) Anytime prior to the Chairman's calling for a vote of the Authority, a member may move to amend the motion, which shall require a second. An amendment must be germane -10- to the main motion and be accepted by the member making the main motion and the member seconding same, if applicable. H. voted previously decided by the Authority may be p.Lac agenda as a new item of business only under the circumstances: An item d on the following 1) When the vote by the Authority occurred at least six (6) months before the item again appears on the agenda; 2) Annually, when Authority members have been sworn into office and the item was voted on by the previous Authority. 3) This section shall not apply to any - matters dealing with initiation, prosecution, defense or settlement of litigation brought by or against the Authority, .its employees or agencies. SECTION THIRTEEN:_ ADDRESSING THE AUTHORITY:_ Any person desiring to address the Authority shall first secure the permission of the Chairman to do so; provided, however, that under the following Headings, of business, any qualified person may address the Authority without securing prior permission: A. Written Communications. Interested parties or their authorized representatives may address the Authority by written communications in regards to matters then .under discussion. B. Oral Communications. Taxpayers or,residents.of the city, or their authorized legal representatives,. may address the Authority by oral communications on any matter concerning the Authority's business, or' any_ matter_ over which the Authority has control; provided, however, preference shall be given `those persons who have notified the Secretary in' advance of their desire to speak in order that same may appear on the agenda of the Authority. Absent an - emergency situation, no action will be taken by the. Authority on a matter deemed not listed on the agenda and falling within the new.business section of the. agenda. SECTION FOURTEEN ADDRESSING THE AUTHORITY AFTER MOTION MADE: After a motion is made by the Authority, no person -11- shall address the Authority without first securing permission of the Authority to do so. SECTION FIFTEEN MANNER OF ADDRESSING AUTHORITY, TIME. LIMIT: Each person addressing the Authority shall stand up and seek the Chairman's recognition. Upon recognition by the Chairman such person addressing the Authority shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Authority shall limit his address to five (5) minutes. All.remarks shall be addressed to the Authority as a body and not to any member thereof. No person, other than the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the Authority, without the permission of the Chairman. No questions shall be asked of the Authority member except through the Chairman. SECTION SIXTEEN_ DECORUM:,. A. By Authority members. while the Authority is in session, the members must preserve order and decorum, and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Authority nor disturb any member while speaking or refuse to obey the orders of the Authority or it's Chairman, except as otherwise herein provided. B. By persons. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous and unruly while addressing the Authority shall be forthwith, by the Chairman, barred from further audience before the Authority,- unless permission: to continue be granted by a majority vote of the Authority. SECTION SEVEN'T`EEN- SPECIAL COMMITTEES All special committees shall be appointed by the presiding official, with confirmation by the Authority. SECTION EIGHTEEN STANDING :COMMITTEE: The only standing committee of the Authority shall be the committee of the whole. The Chairman shall be the presiding official of the committee of the whole and the rules of proceedings of the Authority shall be observed in a -12- committee of the whole as far as the same may be applicable. SECTION NINETEEN MEMBERS MAY FILE PROTEST AGAINST.. AUTHORITY ACTION: Any member shall have the right to have the reasons for his dissent from, or protest against, any action the Authority entered on the minutes. SECTION TWENTY CLAIMS AGAINST AUTHORITY: No account or other demand against the Authority shall be allowed until the same has been considered and reported upon and approved by the Authority. SECTION TWENTY -ONE RESOLUTIONS, MOTIONS AND CONTRACTS:_ A. . Prior approval by administrative staff. All resolutions and contract documents shall, before presentation to the Authority, have been approved as to form and legality by the Attorney or his authorized representative, and further, such shall have been examined and approved for administration by the Director or his authorized representative, where there are substantive matters of administration involved. All such instruments shall have first been referred to the head of the department under whose jurisdiction the administration of.the subject matter of the resolution or contract document .would devolve and be approved by the department head; provided, however, that if approval is not given, then the same shall be returned to the Director with a written memorandum of the reasons why such approval is withheld. In the event the questioned instrument is not redrafted to meet a department head objection, or objection is not withdrawn and approval in writing given, then the Director shall so advise the Authority and give the reasons advanced by the department head for withholding approval. B: Resolutions introduction for passage and approval.. 1) Resolutions must be introduced and. sponsored by a member of the Authority, except that the Director may present resolutions, and any Authority member may assume sponsorship thereof by moving that such resolution be adopted; otherwise, they shall not be considered. 2) No resolution shall relate to more than one -13- subject, which shall be clearly expressed in its title. A motion to adjourn shall always be required to end any meeting of the Authority. Further, a motion to adjourn shall always be in order and decided without debate. APPROVED AND RATIFIED this day of , 198_, by the Authority. Attest: Secretary -14- JOHN KASTNER, Chairman OWASSO ECONOMIC DEVELOPMENT AUTHORITY MINUTES OF THE REGULAR MEETING WEDNESDAY, SEPTEMBER 13, 1989 P.S.O. CONFERENCE ROOM, 301 W. SECOND AVE., 12:00 NOON 1. CALL TO ORDER Vice - Chairman Brenda Lawrence called the meeting to order. 2. ROLL CALL Present: Frank Enzbrenner Brenda Lawrence Tom Kimball Bill Retherford Pat Marlar Absent: Alan Anderson Stacy Lamb Ron Cates Staff Present: Richard Hall Janice Fields Sherry Lambert 3. REQUEST TO APPROVE THE MINUTES OF THE REGULAR AUGUST 9, 1989 MEETING. Pat Marlar made a motion to approve the minutes of the regular August 9, 1989 meeting. Frank Enzbrenner seconded the motion. Aye: 5 1 Nay: 0 Carried: 5 -0 4. REQUEST TO APPROVE THE MINUTES OF THE SPECIAL SESSION AUGUST 16, 1989. Bill Retherford made a motion to approve the minutes of the special session August 16, 1989. Pat Marlar seconded the motion. Aye: 5 Nay: 0 Carried: 5 -0 5. REQUEST TO APPROVE THE MINUTES OF THE SPECIAL SESSION AUGUST 24, 1989. Pat Marlar made a motion to approve the minutes of the special sessiot August 24, 1989. Tom Kimball seconded the motion. Aye: 5 Nay: 0 Carried: 5 -0 6. REQUEST TO APPROVE WARRANTS - Tom Kimball made a motion to approve the warrants in the amount of $148.90. Pat Marlar seconded the motion. Aye: 5 Nay: 0 Carried: 5 -0 O.E.D.A. MINUTES OF THE 9/13/89 MEETING PAt,r1 7. CONSIDERATION FOR APPROVAL OF AMENDMENT TO THE BYLAWS. Pat Marlar made a motion to approve the amendment to the bylaws which are a part of these minutes. Frank Enzbrenner seconded the motion. Aye:_ 5 Nays -=0, Carried: 5 -0 8. REPORT ON MOVE TO TO CITY COUNTY HEALTH FACILITY. Richard Hall gave an update on the cost of refurbishing the City Couni Health Facility and said he would get in contact with the people to work on the various repairs in that building immediately. Frank Enzbrenner reported that P.S.O. has offered us the use of some extra furniture if they had what we needed. He said we need to make a list of the furniture as soon as possible to give to Jim Ablett. 9. ATTORNEY'S REPORT No Report 10. UNFINISHED BUSINESS `l None 11. NEW BUSINESS None 12. ADJOURN Bill Retherford made a motion to adjourn. Pat Marlar seconded the motion. Aye: 5 Nay.: 0 Carried: 5 -0 AMENDMENT TO BY -LAWS •• r OWASSO ECONOMIC DEVELOPMENT AUTHORITY OWASSO, OKLAHOMA The By -laws of the Owasso Economic Development Authority should be, and the same are hereby amended to provide as follows, to -wit: SECTION TWO: PRESIDING OFFICIAL; ELECTION; DUTIES A. The presiding official of the Authority shall be the Chairman who shall be elected annually at the first regular meeting in July of each year by the members from their membership. The Chairman shall assume the chair of the presiding official immediately after his election. B. The presiding official shall preserve strict order and decorum at all regular, special and emergency meetings of the Authority. He shall state every question coming before the Authority, announce the decision of the Authority on all subjects, and decide all questions of order; subject, however, to an appeal to the Authority, in which event a majority vote of the Authority shall govern and conclusively determine such question of order. He shall vote on all questions, his name being called last. He shall sign all Authority resolutions, and all other obligations of the Authority as authorized by the Authority, adopted by the Chairman during his presence. In the event of the absence of the Chairman, a Vice - Chairman elected from the membership at the first meeting in July of each year shall be the presiding official as well as sign all resolutions or obligations of the Authority as adopted by the Authority, during his presence. SECTION FOUR: REGULAR MEETINGS A. Time - the Authority will hold regular meetings on the second Wednesday of each month at 12:00 noon; provided, however, that when the day fixed for any regular meeting of the Authority falls on the day designed by law as a legal or national holiday, a day wherein an election is held within the City of Owasso, Oklahoma, or a day when a majority of the members of the Authority shall be absent from the City of Owasso, the Chairman or Vice - Chairman in the absence of the Chairman may cancel said regular meeting and provide for the calling of a special meeting or may, not less than ten (10) days prior to the date for implementation of said change, change the date, time or place of the regularly scheduled meeting of the Authority, provided written notice thereof is contemporaneously given to the Secretary of the Authority. In all other respects the By -Laws of the Owasso Economic Development Authority shall remain unchanged. APPROVED AND RATIFIED this 13 th day of September, 1989 by the Authority. d4�' Alan Anderson, chairman JarVce Fields, Secretary CHANGE ORDER ° OWNER ❑ ARCHITECT 0 r• —r� CONTRACTOR ❑ CONSULTANT O OTHER ❑ Project ONG Owasso Work Center Change Order No.: 01 (name, 96th Street North & HY 169 Date: 214197 address) Owasso, Oklahoma Architects Project No. 9549 Contract Date: November 12,1996 To Contractor. The Brown Construction Co. Inc. Contract For: Gen. Construction (name, 543 South Victor address) Tulsa, Oklahoma 74104 The Contract is changed as follows: Addition of 15 to 17% flyash to stabilize subgrade per Terracon's recommendations in $ 5,786.00 specifications section 02010, where directed by Architect. Appropmately 4000 square yards of surface area. Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) as $ 1,082,334.00 Net change by previously authorized Change Orders $ 0 "00 The (Contract Sum) prior to this Change Order was $ 1,082,334.00. The (Contract Sum) will be (increased) by this Change Order in the amount of $ 5,786.00 The new (Contract Sum) including this Change Order will be $ 1,088,120.00 The Contract Time will be unchanged) by The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Mapmum Price which have been authorized by Construction Change Directive. Coleman Ervin Johnston, Inc. The Brown Construction Co. Inc. Owasso Economic Development Authority Architect contractor Owner 610 South Main Suite 209 543 South Victor 207 South Cedar Tulsa, Oklahoma 74119 Tulsa, Oklahoma 74104 Owasso, 9 c a ma 74055 Addresss / Address ' / r Address Date: ;1-1 S� 9"J Date: y— 9 Date: MAMMA -= NATURAL GAS January 21, 1997 Mr. Rodney J. Ray City of Owasso P.O. Box 180 Owasso, OK 74055 Dear Rodney: This letter is to confirm that Oklahoma. Natural Gas Company approves the expenditure of $5,786.00 for the purchase of fly ash for the ONG Work Center Project. Oklahoma Natural Gas understands that should expenses for the project exceed the amount granted by the loan, the expense will be incurred by ONG. If you have questions or need additional information, please contact me at 341 -7070. Sincerely, 9? S ou�V Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Ina 1449 SW Cn11NTAV r.1 U13 DRIVE. CLAREMORE. OK 74017 -7121 . . CHANGE ORDER + OWNER ❑ ARCHITECT ❑ 'j CONTRACTOR ❑ CONSULTANT ❑ OTHER ❑ Project: (name, address) ONG Owasso Work Center 96th Street North & HY 169 Owasso, Oklahoma To Contractor: The Brown Construction Co. Inc. (name, 543 South Victor address) Tulsa, Oklahoma 74104 The Contract is changed as follows: See attached Construction Change Directives 2, 4 & 5. Change Order No.: Date: Architects Project No. Contract Date: Contract For: E RM 02 3/18/97 9549 November 12, 1996 Gen. Construction 2,427.00 ., 427 00 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) as $ 1,082,334.00 Net change by previously authorized Change Orders $ 5,786.00 The (Contract Sum) prior to this Change Order was $ 1,088,120.00 The (Contract Sum) will be pncreased) by this Change Order in the amount of $ 2,427.00 The new (Contract Sum) including this Change Order will be $ 1,090,547.00 The Contract Time will b "- (d 6 ---" (u- c ed) by 13 Days Y The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This summary does not reflect changes In the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. Coleman Ervin Johnston, Inc. The Brown Construction Co. Inc. Architect - Contractor 610 South Main Suite 200 Tulsa, Oklahoma 74119 Address By: 61"Z1 Z1 Date: Owasso Economic Development Authority Owner 543 South Victor 207 South Tulsa, OI ahoma 74104 Owasso, Address Address BY: By: Date: / •Z Date-- 74055 rr' batil RC B BANK P.O. Box 189 Claremore, OK 74018 -0189 (918) 341 -6150 or 825 -4921 March 27, 1997 Mr. Rodney Ray City Manager City of Owasso 207 S. Cedar Owasso, Ok. 74055 Re: OEDA /ONEOK Letter of Agreement for Light Fixture' Change Order Dear Rodney: This is to advise that RCB Bank on behalf of itself and as agent bank for First Bank of Owasso, approves the Light Fixture change order expenditure per Change Order No. 02, dated 03/18/97, per Construction Change Directives 2,4, & 5 in the amount of $2,427.00. This change order is in addition to previous change order of $5,786.00. If you have any questions, or need additional information, please advise. „ FGE /lp sinsere4y, F. G. Enzb en President Owasso Branch ci(temnK COLLINSVILLE CONSTRUCTION CHANGE DIRECTIVE ze c� OWNER p 4 �� ARCHITECT CT ❑ �D CONTRACTOR ❑ CONSULTANT ❑ OTHER n Project: ONG Owasso Work Center Directive No.: 02 (name, 96th Street North & Hy 169 Date: 2117/97 address) Owasso, Oklahoma Architects Project No: 9549 Contract Date: Nov. 12,1996 To Contractor: The Brown Construction Co. Inc Contract For: Gen. Construction (name, 543 South Victor address) Tulsa, Oklahoma 74104 You are hereby directed to make the following change(s) in this Contract: Revise warehouse #117 and tool room 9116 lighting from HID fixtures specified to florescent fixtures as outlined in Shepard Electric proposal dated 2110197. Final layout to be submitted for approval. Foot candle level shall be approximately 55. PROPOSED ADJUSTMENTS The proposed basis of adjustment to the Contract Sum or Guaranteed Maximum Price is: ❑ Lump Sum (ncrease)(decte"e) of $$336.00 ❑ Unit Price of $ per ❑ as provided in Subparagraph 7.3.6 of AIA Document A201,1987 edition. D as follows: 2. The Contract Time is proposed to (be adjusted)(remain unchanged). The proposed adjustment, if any, is (an increase of 10 days)(a decrease of _ days). When signed by the Owner and Architect and received by the Contractor, this document becomes effective IMMEDIATELY as a Construction Change Directive (CCD), and the Contractor shall proceed with the change(s) described above. Coleman Ervin Johnston, Inc. The Brown Const. Co. Inc Architect Contractor 610 South Main Suite 200 543 South Victor Tulsa, Oklahoma 74119 Tulsa, Oklahoma 74104 Add,7 Address W B By: Date: �2//7 ! 7% Date: ;Z 5— cj 7 Signature by the Contractor indicates the Contractor's agreement with the proposed adjustments in the Contract Sum and Contract Time set forth in this Construction Change Directive. Owasso Economic Development Authority Owner 207 South Cedar Owasso, O ah ma 74055 Address By: Date: 2. — F 97J �dy7 _ = OKLAHOMA Ni� GAS March 5, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive #04. Oklahoma Natural Gas Company approves this proposal to revise light fixture switching and layout at no additional cost. If you have questions or need additional information, please contact me at 341 -7070. Sincerely, qipfi Jt Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE, CLAREMORE, OK 74017 -7121 OKLAHOMA NATURAL GAS March 5, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box ISO Owasso, OK CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive 905. Oklahoma Natural Gas Company approves this proposal to paint all exterior single score concrete block at a lump sum price of $2,091. If you have.questions or need additional information, please contact me at 341 -7070. Sincerely, i Stout wasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE. CLAREMORE. OK 74017.7121 Project: ONG Owasso Work Center 'er CHANGE ORDER OWNER ❑ ARCHITECT ❑ 'CONTRACTO ❑ CONSUITAN ❑ OTHER ❑ Project: ONG Owasso Work Center (name, 96th Street North & HY 169 address) Owasso, Oklahoma To Contractor: The Brown Construction Co. Inc. (name, 543 South Victor address) Tulsa, Oklahoma 74104 The Contract is changed as follows: See attached Construction Change Directives 6,7,8,9 & 10 Change Order No.: Date: Architects Project Contract Date: Contract For: 03 4/17197 9549 November 12, 1996 Gen. Construction $ 4,486.00 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) as $ 1,082,334.00 Net change by previously authorized Change Orders $ 8,213.00 The (Contract Sum) prior to this Change Order was $ 1,090,547.00 The (Contract Sum) will be (increased) by this Change Order in the amount of $ 4,486.00 The new (Contract Sum) including this Change Order will be $ 1,095,033.00 The Contract Time will be ( increased )- (de�unchanged) by 4 Days The date of Substantial Completion as of the date of this Change Order therefore is June 17, 1997 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or. Guaranteed Maximum Price which have been authorized by Construction Change Directive. Coleman Ervin Johnston, Inc. The Brown Construction Co. Inc.. Owasso Economic Development Authority Architect Contractor Owner 610 South Main Suite 200 Tulsa, Oklahoma 74119 Address BY: f Date: f 1171 �7 543 South Victor Tulsa, Oklahoma 74104 Address t By: rt s Date: 207 South Cedar Owasso, OI et ma 74055 Address By: Date: � F7 C B BANK P. O. Box 189 Claremore, OK 74018 -0189 (918) 341 -5150 or 8254321 April 23, 1997 Mr. Rodney Ray City Manager City of Owasso 207 S. Cedar Owasso, Ok. 74055 Re: OEDA /ONEOK Letter of Agreement for Change Order No. 3 Dear Rodney: This is to advise that RCB Bank on behalf of itself and as agent bank for First Bank of Owasso, approves Change Order No. 3, dated 04/17/97, comprised of Construction Change Directives Nos. 6,7,8,9 and 10, and totaling an amount of $4,486.00. This change Order is in addition to previous change orders of $5,786.00 (Change Order No. 1) and $2,427.00 (Change Order No. 2) . If you have any questions, or need additional information, please advise. FGE /lp Si erely, G. Enz renner President Owasso Branch 0M AHOMA -= = NATURAL GAS April 8, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive #06. Oklahoma Natural Gas Company approves this proposal to raise the ceiling in room 112 from 8' -0" to 9' -0" at a cost of $241. If you have questions or need additional information, please contact me at 341 -7070. Sincerely, 9 1m {q Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. tern CIAl rn1111.v 11 iiv nvvr rvnvrAAnve nelnmz11e1 i 1 Orlr.l1A 1OMA NATURAL GAS April 11, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OIL CONSTRUCTION CHANGE DIRECTIVE Dear Nh•. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive #08. Oklahoma Natural Gas Company approves this proposal to add a light fixture and electrical receptacles at a cost of $337. If you have questions or need additional information, please contact me at 341 -7070. Sincerely, jrn t t sso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE, CLAREMORE, OK 74017 -7121 0EI AHOMA NATURAL. GAS April 11, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive ##009 Oklahoma Natural Gas Company approves this proposal to add gas service to the lobby area at a cost of $311. If you have questions or need additional information, please contact me at 341 -7070. Sincerely, Q� Stout wasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COIINTRY CLUB DRIVE_ CLAREMORE_ OK 740t7 -7121 OKLAHOMA NATURAL GAS April 25, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK 74055 K��►L. 3iIi3l (il�[i)LI:r�[�101071:W"_U'riil Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive #10. Oklahoma Natural Gas Company approves this proposal to change elevations at gravel and concrete paving areas at a cost of $3,597. If you have questions or need additional information, please contact me at 341 -7070. anager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. ...n rw rry I. —o n, Ito nowC 11 n.CKMOk nV ]nn 17_7191 CHANGE ORDER ' O%FVNER • ❑ ARCHITECT ❑ " CONTRACTO ❑ CONSULTAN ❑ OTHER ❑ Project: ONG Owasso Work Center (name, 96th Street North & HY 169 address) Owasso, Oklahoma To Contractor. The Brown Construction Co. Inc. (name, 543 South Victor address) Tulsa, Oklahoma 74104 The Contract is changed as follows: Set' attached Construction Change Directives 3, & 11. Change Order No.: Date: Architects Project Contract Date: Contract For. 04 7/1/97 9549 November 12, 1996 Gen. Construction $ 9,345.00 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) as $ 1,082,334.0: Net change by previously authorized Change Orders $ 12,699.01 The (Contract Sum) dorto this Change Order was $ 1,095,033.01 The (Contract Sum) will be (increased) by this Change Order in the amount of $ 9,345.0 The new (Contract Sum) fGuafflftWed4Awdmwn4hiee) including this Change Order will be $ 1,104,378.0 The Contract Time will be ( ncreased )- Weereesed)-(unchanged) by 26 Da} The data of Substantial Completion as of the date of this Change Order therefore is - July 13, 195 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Mabmum Price which have been authorized by Construction Change Directive. Coleman Ervin Johnston, Inc. The Brown Construction Co. Inc. Architect Contractor 610 South Main Suite 200 Tulsa, Oklahoma 741181 Date: 7/// 543 South Victor Tulsa, Oyphoma 74104 Address By: Date: Wa Y1q y Owasso Economic Development Authority Owner 207 South Ced Owasso, O om 4055 I 0 sV RCB BANK Claremore • Owasso Collinsville • Skiatook (918) 341 -6150 August 4, 1997 Mr. Rodney Ray City Manager City of Owasso 207 S Cedar Owasso, Ok 74055 Dear Mr. Ray: This is to advise that RCB Bank, on behalf of itself and as agent bank for First. Bank of Owasso,. approves Change Order No. 4, dated 7/1/97, comprised of Construction Change Directives Nos. 3 and 11, totaling $9,345.00. This Change Order is in addition to previous change orders totaling $12,699.00. If you have any questions or need additional information, please advise. Sin Frank renner President, Owasso Office ann W Patti Pan. Ri.„ t 11633 E. 86th St. North 111 N. 11th 1001 W. Rogers Blvd OKI AROMA NATURAL GAS March 5, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive 903. Oklahoma Natural Gas Company approves this proposal to add lime stabilization in parking areas as directed by architect, at a unit price of $1,053. per load. If you have questions or need additional information, please contact me at 341 -7070. Sincerely, out Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE, CLAREMORE. OK 74017 -7121 WAHOMA NATURAL GAS April 23, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive 911. Oklahoma Natural Gas Company approves this proposal to install flyash stabilization in the gravel paving area at a cost of $1200 plus the cost of flyash. If you have questions or need additional information, please contact me at 341 -7070. Sincerely, J'm Stout Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. .e.n cW 11F WTOV n na nan,F ni ARFMORE.OK 74017 -7121 rCHANGE ORDER lOWNER ❑ ARCHITECT 0 CONTRACTO. ❑ CONSULTAN 0 i M!E;! Project: ONG Owasso Work Center Change Order No.: 05 (name, 96th Street North & HY 169 Date: 7/22/97 address) Owasso, Oklahoma Architects Project 9549 Contract Date: November 12, 1996 To Contractor. The Brown Construction Co. Inc. Contract For: Gen. Construction (name, 543 South Victor address) Tulsa, Oklahoma 74104 The Contract is changed as follows: See attached Construction Change Directives #12, 13, 14 , 15, 16, 17 & 18. Light fix. In kitchen. Recept above counter on east wall of break room. Sanitary sewer. Credit for telephone trench. $ 5,505.27 Not valid until signed by the Owner, Architect and Contractor. The original (Contract Sum) as $ 1,082,334.00 Net change by previously authorized Change Orders $ 22,044.00 The (Contract Sum) dorto this Change Order was $ 1,104,378.00 The (Contract Sum) will be (increased) (decreased) (unehan by this Change Order in the amount of $ 5,505.27 The new (Contract Sum) including this Change Order will be $ 1,109,883.27 The Contract Time will be (i ncreased )�deereesed}(nneFtanged) by 9 Days The date of Substantial Completion as of the date of this Change Order therefore is July 22, 1997 NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. Coleman Ervin Johnston, Inc. The Brown Construction Co. Inc. Owasso Economic Development Authority Architect Contractor Owner 610 South Main Suite 200 543 South Victor 207 South Ce Tulsa, Oklahoma 74119 Tulsa, Oklahoma 74104 Owasso, qkfahpMa 74055 Address Address Address BY (� By: By: Date: 1.211 , Date: 7 Z'/T1 Date: �'� 5 RCB BANK Claremore • Owasso Collinsville • Skiatook (918) 341 -6150 August 4, 1997 Mr. Rodney Ray City Manager City of Owasso 207 S Cedar Owasso, Ok 74055 Dear Mr. Ray: This is to advise that RCB Bank, on behalf of itself and as agent bank for First Bank of Owasso, approves Change Order No. 5, dated 7/22/97, comprised of Construction .Change Directives Nos. 12, 13, 14, 15, 16, 17 and 18, totaling $5,505.27. This order is in addition to previous change orders totaling $22,044.00 If you have any questions or need additional information, please advise. Sin nzb President., Owasso Office 300W. Patti Paqe Blvd. 11633 E. 86th St. North - 111 N. 11th 1001 W. Rogers Blvd. A OKLAHOMA NATURAL _- GAS April 25, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK 74055 CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive 912. Oklahoma Natural Gas Company approves this proposal to add a wood door between rooms 104 and 105 at a cost of $821. If you have questions or need additional information, please contact meat 341 -7070. Sincerely, Wst Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE, CIAREMORE. OK 74017 -7121 OKLAHOMA NATURAL GAS April 25, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK 74055 CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive #13. Oklahoma Natural Gas Company approves this proposal to revise electrical service to condenser unit at a cost of $280. If you have questions or need additional information, please contact me at 341 -7070. Sincerely, un Stow Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1440 AWrnIIMTRV(1I I IR IIRIVF RI APP&AYIRF nK74017 -7121 OHI,AHOMA NATURAL GAS April 25, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK 74055 CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive #14. Oklahoma Natural Gas Company approves this proposal to modify existing breakroom cabinet to install electrical receptacle and trash compactor at a cost of $466. If you have questions or need additional information, please contact me at 341 -7070. Sincerely, Stout Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE, CLAREMORE, OK 74017 -7121 fwm a 1 -7mn na i- am_na_soaa OKLAHOMA NATURAL GAS July, 16, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK 74055 CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive #15. Oklahoma Natural Gas Company approves this proposal to modify CNG electrical requirements at a cost of $2,195. If you have questions or need additional information, please contact me at 341 -7070. Sincerely, J was Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE, CLAREMORE, OK 74017 -7121 (918) 341 -7070 OR 1- 800- 77A.Saal OKLAHOMA NATURAL GAS July, 16, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK 74055 CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive #16. Oklahoma Natural Gas Company approves this proposal to revise exterior fencing at a cost of $ A 11,'{S . ` If you have questions or need additional information, please contact me at 341 -7070. Sincerely, Sou Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE, CLAREMORE, OK 74017 -7121 F918)(9 1.342 1O 1- 800 - 773 -5993 OKLAHOMA NATURAL GAS July, 16, 1997 Mr. Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK 74055 CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray. This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive 917. Oklahoma Natural Gas Company approves this proposal to connect gas light piping shown on drawing M 100 to building gas supply system at meter, at a cost of$ 55,9.32 . If you have questions or need additional information, please contact me at 341 -7070. Sincerely, V Stou Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE, CLAREMORE, OK 74017 -7121 (918) 341 -7070 OR 1- 800 -773 -5993 OKLAHOMA NATURAL GAS July, 16, 1997 Mr, Rodney J. Ray Owasso Economic Development Authority P.O. Box 180 Owasso, OK 74055 CONSTRUCTION CHANGE DIRECTIVE Dear Mr. Ray: This letter is to acknowledge that Oklahoma Natural Gas Company has been advised of proposed Construction Change Directive 918. Oklahoma Natural Gas Company approves this proposal to change carpet layout in lobby at a cost of $440. If you have questions or need additional information, please contact me at 341 -7070. cerely, im Stout Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OP ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE, CLAREMORE, OK 74017 -7121 (918) 341-7070 OR 1- 800 -773 -5993 207 South Cedar PO Box 180 Owasso, OK 74055 City of Owasso To: OEDA Board of Directors From: Robert M. Tobias, Jr., City of Owasso Date: July 21, 1997 Subject: ONG Project (918) 272 -2251 FAX (918) 272 -4999 As you know, this special meeting has been called to discuss. and consider the approval of ONG's request to take possession of the property located at 12250 E. 96th Street North on Tuesday, July 22, 1997. Mr. Jim Stout, ONG Area Manager and Mr. David Simmons, Architect for the firm Coleman Ervin Johnston, have been requested to attend to address any questions or concerns related to this matter. Additionally, we have requested Mr. Ron Cates, our Legal Counsel, to provide his comments and they are attached for your review. Based upon the acceptance of the Certification of Substantial Completion by the construction company, ONG and the architect, staff recommends that the OEDA board approve this request contingent upon: 1. Approval from the participating banks 2. Acceptance and written confirmation by ONG that beneficial occupancy of the property constitutes the inception of the lease of this facility Please call if you have further questions. CATES�UNnERWOOn 9185820166 P.e2 RONALD D. CATES Attorney at Law Suits 680, FarkCantra 525 South Main Tula*. Oklahoma 74103 918- 382 -7447 Mr. Robert Tobias Director of Economic Development City of Owasso PO. Box 180 Owasso, Oklahoma 74055 July 18, 1997 VIA FACSIMILE 272 -4999 In Re: Owasso Economic Development Authority - ONEOK, Inc., - ONG Workstation Project Dear Mr. Tobias - FAX 918 -582 -0166 I am corresponding for purposes of confirmation of our telephonic discussions held on the 17th day of July, 1997, relating to the above referenced matter. I have been apprised by you that ONG is desirous of occupying the workstation facility prior to the completion and final acceptance of such facility. In that regard, l have advised you that often times in the course of construction projects under circumstances of a facility being substantially complete, the owner, or as in this case, owner's lessee, will be desirous of occupancy of such facility prior to completion of the facility construction and final acceptance. This activity is most popularly known as "beneficial occupancy" of the yet to be completed facility which in and of itself has legal ramifications. Accordingly, I make the following recommendations regarding such beneficial occupancy of the facility by ONG prior to the total completion and final acceptance thereof. Such recommendations are as follows: 1) The contractor should agree that the beneficial occupancy will not interfere with the contractor's successfid and timely completion of the project; 2) The contractor agrees that the "punch list' ' items which I am advised have been created are contractually required to finish the project in accordance with the contract documents; 3) The contractor agrees that the performance bond on the project will remain effective pending project completion and final acceptance of such project by the Owasso Economic Development Authority; and, 4) The contractor, the Owasso Economic Development Authority, RCB Bank of Owasso as lead lender and ONEOK, Inc., agree that beneficial occupancy, under the foregoing terms and conditions, is acceptable. CATES�UNDERWCIOD 9185820166 P.03 Mr. Robert Tobias July 18, 1997 Page 2 Additionally, 1 advise that you should consult with the appropriate individual with the City of Owasso, Oklahoma, charged with the responsibility of administering and monitoring the property liability and casualty insurance policy to make certain that any and all steps that may be required under the insurance policy to bring such facility within the coverage of the City of Owasso, Oklahoma, as well as its public trusts of which it is beneficiary are taken. I believe this individual to be Ms. Regina Guthrie. I trust the foregoing meets with your understanding of, conversation. Should you have any questions or comments concerning the foregoing, please o t t hesitate to contact me. Sinc y, Ronald D. Cates Authority Attorney RDC /nhc CONSENT OF SURETY TO FINAL PAYMENT A!A Doctnnen! G707 (Instructions on reverse side) BOND NO. SB 0038914 TO OWNER: lhiune and addre..9 ' Owasso Economic Development Authority 207 South Cedar P. 0. Box 180 Owasso, OK 74055 PROJECT: (Nance and mldmv ONG Owasso Work Center Owasso, Oklahoma' OWNER ARCHITECT J CONTRACTOR _ SURETY OTriFR ARCHITECTS PROJECT NO.: 9549 CON7RACf FOR: Construction CO?,RACT DATED: October 29, 1996 In accordance with the provi iomi of the Cont.ma between the Owner and the Ct numxur as indicated aix,ve. the an..rst muse and addrra of3hrccq General Accident Insurance Company of America 436 Walnut Street P. 0. Box 1109 Philadelphia, PA 19105 -1109 , SCRF.Ty, on bond of rbarrr name andaddma'ofCmn=rcw The Brown Construction Company, Inc. 543 South Victor Tulsa, Oklahoma 74104 . CONTRACTOR. hereby approves of the final payment to the Contractor, and agrees that final payment to the Contc'aaurshall not relieve the Surety of any of its obligations to llnxrrt nameando,&Ie ofcr cur) Owasso Economic Development Authority 207 South Cedar P. O. Box 180 Owasso, Oklahoma 74055 I , OWNER, as set Forth in said Surety s bond IN WITNESS WHEREOF, the Surety has hereunto set its hand on this dare: July 3, 1997 (bl..en in uviring thevron*jW1ouwtbr rbe uemeric&ae atulnrm.) GENERAL ACCIDENT INSURANCE COMPANY OF (surrq AMERICA r5{grwtu r ofmaboraerl,rprtKri raircl Attest Rosemary Weaver (Seal): Attorney -in -Fact !!'roved mm�e mrr! ride) i AIA DOCUMENT G707 • CONSF „NT OFSLTFrYTO FINAI. PAYNIF_NT • 1994 FDmON -'ALA, 0M)4•THF.A.NF.R)C&N IVSnTl.TEOFARCHtTEM. t73i NEWYORK AVENGE. NW. WASH- INGT'ON. D.0 2ootyii192 • WARNING: Unlicensed photocopying violates U.S. copy- G707-1994 right laws and will subject the violator to legal prosecution. k__ .._..._._..__.,.....___` KNOW ALL MEN BY THESE PRESENTS, that the GENERAL ACCIDENT INSURANCE COMPANY QF AMERICA, principal office in Philadelphia, Pennsylvania does hereby make, constitute and appoint: John R. Stockton, Rost Texas- ---- -•- --- ---- -- -- -- --- -- - - - -• -- individually if there be more than one named, Its true and lawful Attomey -in -Fact, to make, execute;.., xecute seal and de act and deed any and all bonds and undertakings of suretyship, and to bind the GENERAL ACCIDENT 1NSURA and to the same extent as if such bonds and undertakings and other writings obligatory in the nature.thereof we - GENERAL 'ACCIDENT INSURANCE COMPANY OF- AMERICA and sealed and attested by one -other of suctrig 'that its said Attorney(s) -in -Fact may do in pursuanee hereof, provided that no bond or undertaking of suretyship the amount the sum of: Ten Million Dollars _ _ This power ol"attomey is granted underand by authority of Subsection 5.1 (b) of Article V of the by- laws:of GEN OF AMERICA which became effective February20j 19912, and which` provisions are in full force and effect, readi 5.1(b) The Board of Directors w president, Vice President, or other officer designated by them or either of them shall have "them to execute on behalf "-e Company bonds and undertakings, recognizances, contracts of indemnity'and`otherwritin seal 46e Company thereto: and shall also have the power to remove any such Attorney -in -Fact at anytime and revoke th . executed by any such Attomey -in -Fact shall bens binding upon the Company as if signed by an Executive .0fficer, and seal This power of attorney is signed and sealed tiy facsimile under and by authority of the following,resdluUOn adopt - ACCIDENT INSURANCE 'COMPANY OF AMERICA; at?a meeting held on the 20th day of Febnfary 1992, et. wl has not been amended or repealed -- "Resolved, that in granting powers of adome&orsuant to subsection 5.1(b) of the by -laws of the Company the s,gnatur, Company may: be affixed to any such- power.,of attomey'_orany certificate relating thereto by facsimile,:afld any such p4) signatures or facsimile seal shall be,yalid and ;binding upon the Company . in. the future with..respectto any bond orundertakf IN WITNESS WHEREOF, GENERAL ACCIDENT�INSURANCE- COMPANY OF AMERICA has caused these: pr as an CIDENT INSURANCE COMF ws: - ipoint Attorneys-in-Fact and toaut and authority given to him. Any into attested by the Secretary." - rte of ach its ,fully SB -0025 3.92 For verification of the authenticity of this Power of Attorney you may call, 1 -800- 288 -2360 and ask for the Power of Attorney supervisor. Please refer to the Power of Attorney number, the above named individual(s) and details of the bond to which the power is attached. In Pennsylvania, Dial 215- 625 -3081. SB -0027 3.92