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HomeMy WebLinkAbout1997.02.13_OEDA Agenda PUBLIC NOTICE OF THE MEETING OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY TYPE OF MEETING: DATE: TIME: PLACE: Regular February 13, 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 9:00 a.m. on Tuesday, February 11, 1997. Marti Boutwell, Ci y Clerk AGENDA 1. Call to Order 2. Roll Call 3. Request Approval of the Minutes of January 9, 1997 Regular Meeting and January 10, 1997 Emergency Meeting. Mr Anderson Attachment #3 ~r~ OWASSO ECONOMIC DEVELOPMENT AUTHORITY FEBRUARY 13, 1997 PAGE 2 4. Request Approval of Claims. Mr Anderson Attachment #4 5. Presentation of Financial Report. Ms Bishop Attachment #5 6. Consideration and Appropriate Action Relating to Change Order #l, a Change Order to a Contract Between the Owasso Economic Development Authority and Yocham Enterprises Inc, Decreasing the Contract in the Amount of $117,270.60. Mr Ray Attachment #6 The staff will recommend Trustee approval of Change Order #1, decreasing the amount of the contract from $339,903.70 to $222,633.10. 7. Discussion 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 acquisition of right-of--way and options available to the Authority. OWASSO ECONOMIC DEVELOPMENT AUTHORITY FEBRUARY 13, 1997 PAGE 3 8. Discussion and Appropriate Action Relating to a Request for OEDA Assistance from Martin and Roxanne Blom Pertaining to Development of the Children's Depot Child Care Center. Mr Ray 9. Consideration and Appropriate Action Relating to a Request for a Donation from the Owasso Economic Development Authority to the Owasso Home and Garden Show Committee. Mr Ray Attachment #9 10. Consideration and Appropriate Action Relating to a Request for an Executive Session for the Purposes of a Discussion of a Pending Claim of Brown Construction Company Against the OEDA Relating to Asserted Unforseen Subsurface Conditions, Such Session Authorized By 25 OS Section 307B4. Mr Ray 11. Consideration and Appropriate Action Relating to Brown Construction Company's Claim for Additional Compensation for Asserted Unforeseen Subsurface Conditions Relating to the Plasticity of Soil Under all Paving Areas, Subsurface Conditions Under Concrete Areas, and Subsurface Under Gravel Areas. Mr Ray OWASSO ECONOMIC DEVELOPMENT AUTHORITY FEBRUARY 13, 1997 PAGE 4 12. Report from OEDA Manager 15. Adjournment OWASSO ECONOMIC DEVELOPMENT AUTHORITY MINUTES OF REGULAR MEETING January 9, 1997 The Owasso Economic Development Authority met in regular session on Thursday, January 9, 1997 in the Owasso City Hall Conference Room per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 4:00 p.m. on Friday, January 3, 1997. PRESENT ABSENT STAFF PRESENT Frank Enzbrenner Alan Anderson Angela Henderson Gary Akin Joe Ramey Rodney Ray Tom Kimball Bill Retherford Sherry Bishop Brenda Lawrence Marsha Hensley ITEM 1: CALL TO ORDER Vice Chairperson Frank Enzbrenner called the meeting to order at 10:08 a.m. and declared a quorum present. ITEM 2: ROLL CALL ITEM 3: PRESENTATION FROM MARTIN AND ROXANNE BLOM OWNER OF HERITAGE SCHOOL CHILD DEVELOPMENT CENTER CONCERNING DEVELOPMENT OF A DAY CARE/PRE- SCHOOL FACILITY IN OWASSO. A presentation was made by Mr. and Mrs. Blom. ITEM 4: REQUEST APPROVAL OF MINUTES OF DECEMBER 12 1996 REGULAR MEETING Mr. Kimball moved to approve the minutes of the December 12, 1996 Regular Meeting as written. Motion was seconded by Mr. Akin. A vote on the motion was recorded as follows: Akin - Yes Kimball - Yes Lawrence - Yes Enzbrenner - Yes The motion carried 4 -0. ITEM 5: REQUEST APPROVAL OF CLAIMS Mr. Kimball moved to approve the current claims as submitted. Motion was seconded by Ms. Lawrence. A vote on the motion was recorded as follows: OWASSO ECONOMIC DEVELOPMENT AUTHORITY January 9, 1997 Page No. 2 Akin - Yes Kimball - Yes Lawrence - Yes Enzbrenner - Yes The motion carried 4 -0. ITEM 6: PRESENTATION OF FINANCIAL REPORT Due to computer difficulties the financial report was not available. ITEM 7: CONSIDERATION AND APPROPRIATE ACTION RELATING TO AUTHORIZATION OF INTEREST PAYMENTS BEING DISBURSED FROM LOAN PROCEEDS ON OKLAHOMA NATURAL GAS PROJECT. Ms. Henderson reported that the first interest payment is due and ONG has requested the interest be paid out of loan proceeds. Mr. Kimball moved to approve the request for disbursement. Motion was seconded by Mr. Akin. A vote on the motion was recorded as follows: Akin - Yes Kimball - Yes Lawrence - Yes Enzbrenner - Yes The motion carried 4 -0. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO RESOLUTION #97 -01, A RESOLUTION OF THE TRUSTEES OF THE OWASSO ECONOMIC DEVELOPMENT AUTHORITY RELATING TO THE ONEOK INC. ONG WORK STATION PROJECT DELEGATING TO THE CITY MANAGER OF THE CITY OF OWASSO OKLAHOMA AUTHORITY TO AUTHORIZE WORK CHANGE DIRECTIVES ON SUCH PROJECT IN AN AMOUNT NOT TO EXCEED $10,000.00 PER OCCURRENCE SUBJECT TO LIMITATIONS OF THE PUBLIC COMPETITIVE BIDDING LAW OF 1974. Following discussion, Ms. Lawrence moved to approve the Resolution authorizing work change directives on the ONG Work Station Project, with prior review and authorization from ONG, the architect, and RCB Bank of Owasso, acting as agent for itself and First Bank of Owasso without such authorizations, the City Manager may not approve such change orders. Motion was seconded by Gary Akin. A vote on the motion was recorded as follows: OWASSO ECONOMIC DEVELOPMENT AUTHORITY January 9, 1997 Page No. 3 Akin - Yes Kimball - Yes Lawrence - Yes Enzbrenner - Yes The motion carried 4 -0. ITEM 9: UPDATE ON OKLAHOMA NATURAL GAS PROJECT Ms. Henderson reported on the progress at the ONG Site. ITEM 10: REPORT FROM ECONOMIC DEVELOPMENT DIRECTOR Ms. Henderson discussed current projects and economic development news. ITEM 11: OLD /NEW BUSINESS None ITEM 12: ADJOURNMENT Mr. Akin moved to adjourn, seconded by Mr. Kimball. A vote on the motion was recorded as follows: Akin - Yes Kimball - Yes Lawrence - Yes Enzbrenner - Yes Motion carried 4 -0 and the meeting was adjourned at 11:30 a.m. Alan Anderson, Chairperson Date Approved OWASSO ECONOMIC DEVELOPMENT AUTHORITY MINUTES OF EMERGENCY MEETING January 10, 1997 The Owasso Economic Development Authority met in emergency session at 12 p.m. Friday, January 10, 1997 in the Owasso City Hall Conference Room per the Notice of Public Meeting and Agenda posted on the City Hall bulletin board at 9 a.m. on Friday, January 10, 1997. Notification was also given to local media prior to the meeting. PRESENT ABSENT STAFF PRESENT Alan Anderson Gary Akin Angela Henderson Frank Enzbrenner Joe Ramey Rodney Ray Tom Kimball Sherry Bishop Brenda Lawrence Bill Retherford ITEM 1: CALL TO ORDER Chairperson Alan Anderson called the meeting to order at 12:05 p.m. and declared a quorum present. ITEM 2: ROLL CALL ITEM 3: DISCUSSION AND APPROPRIATE ACTION RELATING TO A POSSIBLE ECONOMIC DEVELOPMENT PROSPECT Mr. Anderson reported that Mr. Larry Toombs, an economic development consultant, has approached the Owasso Economic Development Authority about bringing an economic development prospect, Eagle Windows and Doors, to Owasso for a tour and presentation. Mr. Toombs presented a broker's contract to Mr. Anderson that would have the OEDA pay Mr. Toombs $500,000 if the OEDA successfully negotiates with Eagle Doors and Windows. Mr. Toombs plans to bring company officials to Owasso Monday for a meeting and tour. Mr. Enzbrenner moved to instruct Mr. Ron Cates, Authority Attorney, to draft and send to Mr. Larry Toombs, prior to Monday's meeting with Eagle Doors and Windows, notification that the Owasso Economic Development Authority will not, now or in the future, pay a broker's fee to Toombs Development Corporation. Motion was seconded by Mr. Kimball. A vote on the motion was recorded as follows: Anderson - yes Enzbrenner- yes Kimball - abstained Lawrence - yes Retherford - yes Motion carried 4 -1. ITEM 4: ADJOURNMENT Mr. Retherford moved to adjourn, seconded by Mr. Kimball. A vote on the motion was recorded as follows: Anderson - yes Enzbrenner - yes Kimball - yes Lawrence - yes Retherford - yes Motion carried 5 -0 and the meeting was adjourned at 12:55 p.m. Alan Anderson, Chairperson Date Approved CITY OF 04lASSO UlASSO ECONOMIC DEV. AUIHORITY Al ......1 8: 4 3, : q2, n,p P_ A IMS REPORT V R PAGE: 1 PD # VENDOR DESCRIPTION AMOUNT ---- -- - - -- ------ ----- -------- - - ---- ----- -- ----- -- -- --- - -- - -- ------------ ECONOMIC DEVELOPMUff 971659 RONALD D CATES LEGAL SERVICES- GENERAL 90.00 9711) -1 RODNEY RAY MEETING EXPENSE 296.5; --- ---- - -- --- CEPARTMENi iGTAL ONG F'RDUECI' 971501"' RAKER °< HOSTEf', LEGAL SERVICES -ONG 4,361.57 971584 CHAIiMEY :.: CHARNEY LEGAL SERVICES -ONG 1,15.00 971059 RONALD D CATES LEGAL SERVICES -ONG 2:9.';'0 971/28 DROWl CONSTRUCTION CO ONG WORK CENTER 81,8P.7.00 — DEP01'rENT TOTAL = = = =) 86,07.41 FUND TOTAL =___) 27,0W4.33 GRAND TOTAL =___) 87,064.:13 IR. clk .eO SP4VV'C ors C? UITY OF CiUSSO OIdASSO ECONOMIC DEV. AUTHORITY 11197 14:311:27 A/F CLAIMS REPORT PO # VENDOR DESCRIPTIOH -- -- - - - - -- ------------------- - - - --- -- --- ------ - - - - -- ECONOMIC DEVELOPMENT ----------------- ------- -- - - -- APAPVR PAGE: AMOUNT - - - - -- ------ -- - - - -- 971583 BAYER & HOST'ER LEGAL SERVICES -0110 4,367.57 971534 CHARNEY & CHARNEY LEGAL SERVICES -OPIG 175.00 971659 RONALD D CATES LEGAL SERVICES- GENERAL 90.00 971L59 RONALD D CATES LEGAL SERVICES: -ONG 297.90 DEPARTMENT TOTAL = = = =1 4,930.47 FUND TOTAL =___: 4,930.47 GRAND TOTAL 4,930.47 1 01/08/97 12:34 FAX 9185827192 CEJ Architects 0 002 CONSTRUCTION CHANGE DIRECTIVE OWNER ❑ ZENARCHITECT ❑ I t `?NTRACTOR 0 OTHISULTANi ❑ OTHER ❑ Project ONG Owasso Work Center Directive No_: 01 (name, 96th Street North & HY 169 Date: 12/3/96 address) Owasso, Oklahoma Architects Project 9549 Contract Date: November, 1996 To Contractor The Brown Construction Co, Inc. Contract For. Gen. Construction (name, S43 South Victor address) Tulsa, Oklahoma 74104 You are hereby directed to make the following change(s) in this Contract Add 15 to 17% class C fly ash to stabilize subgrade per Terraoon recommendations in specifications section 02010, where directed by Architect- Approximately 4000 Sq Yds of area. PROPOSED ADJUSTMENTS The proposed basis of adjustment to the Contract Sum or Guaranteed Mwdmum Price is: 0 Lump Sum (increase)(decreese) of $5,786.00 ❑ as provided in Subparagraph' 7.3.6 of AIA Document A201, 1987 edition. ❑ as follows: 2. The Contract Time is proposed to fbe-artjasted)(remain unchanged). The proposed adjustment, if any, is (an increase of days)(a decrease of _ days). When stoned by the owner and Archdat and received by the Contractor, cis dowmerd become eRetttae IMMEDIATELY an a conotrudmi Change Directive (CCD), and the conhactm shay proceed whh the diaWs) dewnbed above. Coleman Ervin Johnston, Inc. The Brown Const. Co., Inc 610 South Main Suite 200 Tulsa, Oklahoma 74119 Address BY. Date: Z/4 i (✓ 543 South victor Tulsa, Oklahoma T4104 Addrm a Date: SWMn bythe Cenhador r dcates the C *ador's agroement with the proposed 14ushnerds in the CnMAd sum and Contrad Tare ad fodh M this Construction Change Directive. Owasso Economic Development Authority owner 207 South Owasso la 74055 Address By: Date: _ OKLAHOMA 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, in S au Owasso Area Manager OKLAHOMA NATURAL GAS COMPANY A DIVISION OF ONEOK Inc. 1449 SW COUNTRY CLUB DRIVE, CLA.REMORE, OK 74017 -7121 (918) 341 -7070 OR 1- 800- 773 -5993 FAX (918) 342 -1762 U1 /Z4 /N7 UH:50 MA 111656271a2 CEJ Architects 10002 CEJ MEMORANDUM ,I MEVI FROM: David H. Simmons DATE: January 24, 1997 PROJ. NO.: 9549 TO: Angela Henderson PROJECT: ONG Work Center Owasso Economic Development Authority COPIES: ONG # PAGES:1 Brown Construction Co. SUBJECT: Soil stabilization under building. MESSAGE: Because of the time of year that construction began, and the wet conditions during this period, it was necessary to stabilize the building subgrade so that the construction process could proceed. As stated in Construction Change Directive #1, and as recommended by our geotechnical consultants, Terracon Consultants Inc, and approved by the architects, 15 to 17% fly ash was added to the soil_ CEJ respectfully requests OEDA approve Construction Change Directive #1 and use of fly ash by Brown Construction Company Inc. End of Memorandum 'rte l� Coleman Ervin Johnston ARCHITECTS AND ENGINEERS UMVEMW RgN�PDOC+MF 610S ' outh Main Street, Suite 200 Tulsa, Oklahma 74119 818 -582 -7129 Fax 582 -7192 gds ho-4/ RCB BANK Claremore • Owasso Collinsville • Skiatook (918) 341 -6150 January 23, 1997 Mr. Rodney Ray City Manager City of Owasso 207 S. Cedar Owasso, Ok. 74055 Re: OEDA /ONEOK Letter of Agreement for Fly Ash 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 Fly Ash change order expenditure per Directive No. of dated 12/03/96 in the amount of $5,786.00. If you have any questions, or need additional information, please advise. President Owasso Branch FGE /lp 300 W. Patti Page Blvd. 11633 E. 86th St. North 111 N. 11th 1001 W. Rogers Blvd. Claremore, OK 74017 Owasso, OK 74055 Collinsville, OK 74021 Skiatook, OK 74070 Ui /U.Y /HT 12: 34 lAA UlasCZ1lUZ I;hJ Arcaiteers 12/83,(1996 16:26 91()5842321 THE BRUIN COIST CO THE BROWN CONSTRUCTION COMPANY, INC. GFNERAL CONTRACTORS D9Wmber 3,1998 Mr. David Stmffww COMman Ervin Johnston, Me. 610 S. Main Street, Suhe 200 Tulm.OK 74118 c4m Mr. slmm"= SinCe 1977 Sant Via. Reguldr Melt Phone Y: (816) 582 -7128 Re: Owasso ONG Work Center Owasso, OK We are pleased m quote the 10110wing as reWeste0 by Richard Bundy with ONG. Add 4000 sy 11yash Tor buNng pad and Construction area for drying purposes only. Add_ $ 5.786.110 Pteasa amore premM so as not to delay the tlr*M Shcorgly, THE BROWN CPHSTRUCTION Co., INC. Vi P Iioside t Fla; 9625 General COnstrUetiort • COnstnicdon ManaOery • Conveyors 543 South Victor • Tutse, OK T4104 -2041 - 9181384.OWG Statewide 1.800 - 480 -MG 10003 PAGE 81 12/03/96 16:27 TX /RX N0.7239 P.001 0 Owasso Economic Development Authority 207 South Cedar PO Box 180 Owasso, OK 74055 January 28, 1997 INVOICE ENGINEERING: (918) 272 -2251 FAX (918) 2724999 VENDOR DATE P.O. NUMBER AMOUNT Tuttle & Assoc. 11/11/96 971045 $251.03 TOTAL 11/11/96 971112 $251.03 LEGAL SERVICES (Oklahoma Natural Gas Project): VENDOR DATE P.O. NUMBER AMOUNT Chamey & Chamey 9/24/96 971584 $175.00 Ronald D. Cates 11/11/96 971112 $1,587.23 Ronald D. Cates 12/6/96 971319 $114.50 Baker & Hoster 12/17/96 971583 $4,367.57 Ronald D. Cates 1/9/97 971459 $682.50 TOTAL 926 80 GRAND TOTAL ........ ............................... 7177 City of Owasso OWASSO. OKLAHOMA 74055 IOWOROER NUMBER ON ALL 4NVO ICES, SH I PPING P' PS, CORRESPONDENCE AND CON I Al NERS PURCHASE ORDER OR ENCUMBRANCE F DATE OF ORDER ORDER NO. WARRANT No CLASSIFICATION PROD. OEP -. ' CODE SUB VENDOR (NUMBER F U U • N I L CONDITIONS: \\ \� 1. Invoices to be rrd.,.d! I. duplicate. 2. No payment to be made until PnJw in complete. 3. Back Ordws net accepted. 4. Deliveries acknoMedged subject W Purchasers inspection. S. Sales T" Exempt No. Purchase Approved By By IUUAJ- U BE 1146, SL 1117 REQUIRES THE VENDOR TO FURNISH AN ITEMIZED INVOICE WHICH STATES THE VENDORS NAME AND ADDRESS. A CLEAR DESCRIFTIOF OF EACH ITEM PURCHASED. ITS UNIT PRICE. THE NUMBER OR VOLUME 01 EACH ITEM. ITS TOTAL PRICE. THE TOTAL OF THE PURCHASE AND THE DATI OF THE PURCHASE, THE INVOICE. TOGETHER WITH A SIGNED DELIVERY TICK ET (IF SEPARATE FROM THE INVOICE) AND ANY OTHER SUPPORTING INFORMA TION MUST BE ATTACHED TO THE ORIGINAL COPY OF THE PURCHASE OFIDEI WHEN FILED FOR PAYMENT. A -IJANTIT DESCRIPTION UNIT PRICE TOTAL AMO UNT CLASSIFICATION PROD. OEP -. ' CODE SUB I ne1e.y Lellny tnat me amount of Ins encumbrance has been entered against the designated appropriation accounts and that this encumbrance is within the authorized available balance of said appropn9t,on REQUESTED BY 771/APPROVED BY SIGNATURE Or ENCUMSERING OFFICER DATE ® & Associates, Inc. = ENGINEERS • ENVIRONMENTALISTS • PLANNERS 5460 SOUTH GARNETT • SUITE M • TULSA, OKLAHOMA )4146 9181663 5567 Angela Henderson Owasso Economic Development 207 S. Cedar Owasso, Ok 74055 RE: OAK TREE BUSINESS PARK Reimbursement of plat reproduction costs TOTAL DUE THIS INVOICE Sincerely, Cx Je r A. Tuttle, P.E.; L.S. Pr sident Tulsa, Oklahoma Oct 24, 1996 Inv. 4627 -04 Project 4627 $ 251.03 $ 251.03 1�1 > ):CITY TREASURER '_ease issue an Encumbrance )r the following: andor:_ I (. He, 4- As50UC tes andor #:_ rda L .31 70D 53q FUND DEPT ACCT# Cedar - oma 74.055 _a Department: eGODnpmV c, t)gvejO rilent- n eDA Project or Piirpose:_ Okahann6L� 6%il of Coq s APPROVED FOR PURCHASE DATE City of Owasso PURCHASE ORDER OWASSO. OKLAHOMA 74055 OR ENCUMBRANCE IOWOROER NUMBER ON ALL INVOICES. SHIPPING P ',RS.CORRESPONDENCE AND CON TAI N ERS DATE OF ORDER ORDER NO. WARRANT NO. REpUISITION ND. CLASSIFICATION CO CIE SUB _ OEPt. L; L LEGAL SERVICES -ONG 175.00 175.00 VENDOR- �; j. F C 5 NUMBER_: OWASSO F_'CONONIC If _V. N ' CHARNEY 8 CHARNE:Y TO 200 CEDAR CENTER PO BOX 240 OWASSO OK 74050 CITY OF OWASSO PO BOX 180 SHIP TO OWASSO, OK 74055 I "` I C`Su F'O BOX 1.20 -LrJf� y of: 71105F L CONDITIONS: 1. Invoices to be rendered in duplicate. 2. No Payment to be made until order in compete. 3. Back Orders not accepted, 4. Deliveries acknowledged subject to Purchaser's inspection. 5. Sales Tax Exempt No. r I J Purchase Approved By By 112-21qel SB Ni K, SL 1977 REOUIRES THE VENDOR TO FURNISH AN ITEMIZED INVOICI WHICH STATES THE VENDORS NAME AND ADDRESS. A CLEAR DESCRIPNOI OF EACH ITEM PURCHASED. ITS UNIT PRICE THE NUMBER OR VOLUME OI EACH ITEM, ITS TOTAL PRICE. THE TOTAL OF THE PURCHASE. AND THE DATI OF THE PURCHASE. THE INVOICE TOGETHER WITH A SIGNED DELIVERY TICK ET (IF SEPARATE FRAM THE INVOICE) AND ANY OTHER SUPPORTING INFORM, TION MUST BE ATTACHED TO THE ORIGINAL COPY OF THE PURCHASE ORDEI WHEN FILED FOR PAYMENT. A —'JANTtTY DESCRIPTION UNIT PRICE TOTAL AMOUNT CLASSIFICATION CO CIE SUB PROJ, OEPt. 1.0 LEGAL SERVICES -ONG 175.00 175.00 70C L/ T 0 T A L 175.00 I hereby certify that the amount of this encumbrance has been entered against the designated appropriation accounts and that this encumbrance is within the authorized available balance of said appropriation. n cuvc�I CU ur I APPROVED BY I SIGNATURE OF ENCUMBERING OFFICER DATE ._ - . O i AC;a , /-4- I 1/20/97 274 -1404 R.C.B. OF OkW5=0 019 FE2 DEC 11 196 17:16 �p -24 -5b U4:b.Sh G "t•at��cy °.. ( h. -rnoy ('� `_+io 'ic �_... CHARNEY & CHAMY 200 CEDAR CENTER - pOST OFFICE BOX 240 OWASSO, OKLAHOMA 74055 (918) 272 -5338 STATEMENT TAX ID4 73- 1335442 RCS Bank post office Box 350 Owasso, Ox 74055 ATTN: Frank Enxbren:ler 20 -21 -14 Owasso Economic Development Authority 09/24/96 HC Title Examiner's Report - 20 -21 -14 Owasso Economic: Development Authority FOR CURRENT SERVICES RENDERED BALANCE DUE ACCOUNT NOc 109/24/96 1 please furni4h your account number with your payment 175.00 175.00 $175.00 .W.= =2 City of Owasso PURCHASE ORDER OWASSO, OKLAHOMA 74055 OR ENCUMBRANCE 1OW ORDER NUMBER ON ALL INVOICES, SHIPPING P 'AS. CORRESPONDENCE AND CONI'AI NERS DATE OF ORDER ORDER NO. I WARRANT NO. REQUISITION NO. CLASSIFICATION PROD OEPI CODE SUB VENDO "T F C0i!}jO - .NUMBER C1 L,IA850 1.- CONONTI.11 LI E_IVI. N F,;.N(I LD ti,C ATE S TO ATTORNEY AT--1_F)LT ` MAIN STE 680 PARKCENTF;E TULSA 01" 74:1.0: CITY OF OUASSO F'O BOX 7. 80 SHIP TO OWASSO, OK 7.40`5 I EL I �_ X11, .. I_I,, LI1. 'iU. CONDITIONS: 1. Invoices to be rendered in duplicate. 2. No payment to be made until order in complete. 3. Back Orders not accepted. 4. Deliveries ackroWedged subjectm Purchasers inspection. S. Sales Tax Exempt No. r L 7:-'606961:-: Purchase Approved By By SB 11144, SL 1977 REQUIRES THE VENDOR TO FURNISH AN ITEMIZED INVOIC WHICH STATES THE VENDORS NAME AND ADDRESS. A CLEAR DESCRIPTIOI OF EACH ITEM PURCHASED. ITS UNIT PRICE. THE NUMBER OR VOWME 0 . EACH ITEM. ITS TOTAL PRICE. THE TOTAL OF THE PURCHASE, AND THE DAT OF THE PURCHASE. THE INVOICE TOGETHER WITH A SIGNED DELIVERY TICI ET (IF SEPARATE FROM THE INVOICE) AND ANY OTHER SUPPORTING INFORMI TION MUST BE ATTACHED TO THE ORIGINAL COPY OF THE PURCHASE ORDE WHEN FILED FOR PAYMENT. N ^'JANTIT DESCRIPTION UNIT PRICE TOTAL AMOUNT CLASSIFICATION PROD OEPI CODE SUB A. tj L- T O T A L 1,587. 2--:. I Hereby certify that the amount of this encumbrance has been entered against the designated appropriation accounts and that this encumbrance is within the authorized available balance of said appropriation . nc v u or APPROVED BY SIGN�A/T/URE OF ENCUMBERING OFFICER DATE 11707796 RONALD D. CATLS Attunwy at Law Suitc 680, ParkCumrc 525 South Main Tulsa, Oklahoma 74103 918 -582 -7447 FAX 918 - 582 -0166 Owasso Economic Development CLIENT MATTER # 2966 -014 Authority ONG Facility 207 South Cedar L Owasso, OK 74055 STATEMENT OF ACCOUNT DATE SERVICES RENDERED CHGS. PYMTS. BAL. $937.. ,1/23/96 review ATLA title insurane committments from guaranty abstract, meeting w/ Mike Snyder, 0 G att re: lot split, easement requirements, teleconf. w/ D. Sokolosky, RCB atty re: easeMEnt requirements (3) teleconf w/ Angela Henderson teleconf. w/ Mike Snyder - foregoing & contr cting issues 3 hrs $225.00 $1187 )/24/96 memorandum re: lot split necessing Smith to OEDA Tim Rooney; teleconf. w/ M. Snyder & A. Henderson & Arlene from guaranty & D. Sokolosky 1.2 $90.00 1277 3/25/96 phone consul. w/ Arlene Phillips re: documentary stamp issue; research /dictation /clerical correspondence to A. Philli s re: ad valorem tax issue 1 hr $75.00 $1352. 10/96 costs advanced - copy & postage expense $9.73 $1362. 0128/96 phone consultations - Mike-Snyder 5 re: plit, -- general affidavitd contract or extension of time rPqimqf-- w Angela Henderson Phillips 0 29 96 closin at "-_" _ ;.� RONALD D. CATRS Auomey at Law Suite 680, ParkCemre 525 South Main Tulsa. Oklahoma 74103 918 - 582 -7447 FAX 918 - 582 -0166 Owasso Economic Development CLIENT MATTER # 2966 -014 Authority n w, Fari1iYv 207 South Cedar L Owasso, OK 74055 STATEMENT OF ACCOUNT DATE SERVICES RENDERED CHGS. PYMTS. BAL. 10/96 carry over balance from previous card $660.0 0/7/96 review loan documents - preliminary draft dated 10/3/96 provided b y bank counsel D. Sokolosky 3 hrs 225.00 0/10/96 phone consultation & outside consultation w/ Ken Harrell, rp Edison tract easement; rev ew 1.3 $97.50 982._` 10/11/96 review 10/9/96 revisions of loan documents; teleconference wL D. Sokolosk 2 hrs $150.00 1132. 0/14/96 payment received - thank you $510.00 622.= 0/16/96 phone consultation w/ Mike Snyder re: insuran e certificate clos.ing documentation; w/ D. Sokolosk re: insurance certificate document tion '�Prierl for prpfiling- w/ Secretary of State & An ela Henderson .7 $52.50 $675. 0/18/96 review documents delivered by Mike Snyder ONG index documents commercial lease agreement 10/18/96 version; memo of lease agreement - 10/17/96 vPrSjQn- opinion f ONG counsel - final version 1 hr $75.00 1$750. C 0/18/96 review of 10/18/96 .draft term note, real estate mortgage, loan agreement; dictate -arrpqpnndpncp to OK s(-.(-.rpLary of a (60 O.S. sec 178.2 ) pre filing cert. RONALD D. CATES Attomcy at Law Suitc 680, ParkCcntrc 525 South Main Tulsa. Oklahoma 74103 916 -582 -7447 I Owasso Economic Development Auth. 207 South Cedar L Owasso, OK 74055 I FAX 918 - 582 -0166 CLIENT MATTER # 2966 -014 STATEMENT OF ACCOUNT ONG Facilitv DATE SERVICES RENDERED CHGS. PYMTS. BAL. /96 carry over balance from previous card $75.0( 6 outside n o conference at cit nail w/ A. Henderson R. Ra • meeting at _ 2 hrs $150.00 $225.( '/9/96 office consultation w/ A. Henderson & J. Tuttle & outside consultation - Edisons & Har.rels 1.5 $112.50 $337.` /12/96 phone consultation w/ Ken Harrel re: Edison tra • w A. Henderson: outside consultatio Kent Harrel's office re: Edison easement 1 h $75.00 0. $412.' 1/96 payment received - thank yo.0 $75.00 $337.. )/30/96 outside consultation - conference at city hall w/ R. Ray, A. Henderson, R. Carr & T. Rooney re: rights of way acquisition 1.3 $97.50 $435.1 10/1/96 review revised lease agreement; teleconf. w/ A. Henderson re: plat processing & costs, teleconference w/ M. Snyder re: same 1 hr $75.00 $510.0 10/9/96 phone consultation w/ A. Henderson re: survey title committment closing; general warrant` 2 calls; George Thomas - GWD Smith to OEDA Sammie Dorsett lien 1 hr $75.00 $585.( 0/10/96 drafting documents - general warranty deed Hayward Smith /Betty Smith - OEDA $7.5.00 $660.( h ........................ ................ ......... . . . . . . ............ To:CITY TREASURER Please issue an Encumbrance Department: for the following: Vendor: 'Rc�� Qs)k-s Project or Purpose: Vendor#: L f-C �oL� .0 . .... APPROVED FOR PURCHASE DE ARTMENT HEAD 5 C) FUND DEPT ACCT# DATE City of Owasso OWASSO. OKLAHOMA 74055 OW ORDER NUMBER ON ALL INVOICES, SIAIPP ING P! a S.CORRESPONDENCE AND CONT A,NERS PURCHASE ORDER OR ENCUMBRANCE r- DATE OF ORDER ORDER NO. WARRANT NO. REQUISITION NO CLASSIFICATION CODE SUB PROI. DER'. i VE OR F 'NU BER: .. .. :... N I 1 J CONDITIONS: I ' Invoices to be rendered In duplicate. 2. No payment to ba made until order in compete. G. Back Orders not accepted. 4. Deliveries acknoWedged subje to Purchaser's Inspection. 5. Sales Tax Exempt No. L r I /!' I Purchase Approved By S8 Ill". SL 1977 REQUIRES THE VENDOR TO FURNISH AN ITEMIZED INVOICE WHICH STATES THE VENDORS NAME AND ADDRESS, A CLEAR DESCRIPTIOI OF EACH ITEM PURCHASED. ITS UNIT PRICE. THE NUMBER OR VOLUME OI . EACH ITEM. ITS TOTAL PRICE. THE TOTAL OF THE PURCHASE AND THE DATE OF THE PURCHASE. THE INVOICE. TOGETHER WITH A SIGNED DELIVERY TICK ET (IF SEPARATE FROM THE INVOICE) AND ANY OTHER SUPPORTING INFORMA TION MUST BE ATTACHED TO THE ORIGINAL COPY OF THE PURCHASE ORDEI WHEN FILED FOR PAYMENT. I - - 'ANTIT DESCRIPTION UNIT PRICE TOTAL AMOUNT CLASSIFICATION CODE SUB PROI. DER'. i I hereoy certify that the amount of this encumbrance has been entered against the designated appropriation accounts and that this encumbrance is within the authorized available balance of said appropriation. REQUESTED BY APPROVED BY SIGNATURE OF ENCUMBERING OFFICER GATE RONALD D. CATES 918 -582 -7447 FOwasso Economic Authority 207 South Cedar Owasso, OK 74055 Attorney at Laic Suite 680, ParkCentre 525 South Main Tulsa, Oklahoma 74103 FAX 918 -582 -0166 7 CLIENT MATTER # Development ONG I STATEMENT OF ACCOUNT 2966 -014 (7; ]ATE SERVICES RENDERED CHGS. PYMTS. BAL. L/96 carr over balance -from previous card $1587. Phillins at Guaranty, teleconference w Arlene & Darlene _ at secretary of state .5 $37.50 P1624.73 2 payment received - thank you $1587.2b $37.5 1/22/96 draftin documents - correspondence to secretary of state - post filing documents -,.6 $45.00 $82.5 0 costs advanced - secretary of state $25.00 8107.5G pasugp ewpense $7 nn $114.5C City of Owasso PURCHASE ORDER OWASSO, OKLAHOMA 74055 OR ENCUMBRANCE IOW OROER NUMBER ON ALL INVOICES, SHIPPING PAPERS. CORRESPONDENCE AND CONIAINERS 4W DATE OF ORDER ORDER NO. I WARRANT NO, REQUISITION N0. CLASSIFICATION CODE SUB PROD. DEP1. t 1..0 LEGAL.. SERVICES -'ONG 4,'-,'67.57 VENDOR'' ':1. F U If B0 NUMBER, Ol•JASS0 ECONOVIJ C IIEV. N E,' IKER ° HOS T'E:R TO 800 KE:NNEIIY BUILDING TULSA OK 741.0:: CITY OF' OUASSO PO BOX 180 SHIP TO OWASSO, OK 7405 5 I PLII BOX 1.80 'J� o Oh:ASSO, 011 L CONDITIONS' 1. Invoices to be rendered in duplicate. 2. No payment to be made urml order In complete. 3. Batl Orders not accepted. 4. Deliveries ac$moWedged subject to Purchasers inspection. S. Sales Tax Exempt No. 7:b0E;961 =; Purchase Approved by By ,122/9 l /J SS #144, SL 1977 REQUIRES THE VENDOR TO FURNISH AN ITEMIZED INVOICI WHICH STATES THE VENDORS NAME AND ADDRESS. A CLEAR DESCRIPTI01 OF EACH ITEM PURCHASED. ITS UNIT PRICE THE NUMBER OR VOWME 0' . EACH ITEM. ITS TOTAL PRICE. THE TOTAL OF THE PURCHASE. AND THE DATI OF THE PURCHASE. THE INVOICE. TOGETHER WITH A SIGNED DELIVERY TICY ET (IF SEPARATE FROM THE INVOICE) AND ANY OTHER SUPPORTING INFORM! TION MUST BE ATTACHED TO THE ORIGINAL COPY OF THE PURCHASE ORDE: NMEN FILED FOR PAYMENT. M IQUANTITV DESCRIPTION UNIT PRICE TOTAL AMOUNT CLASSIFICATION CODE SUB PROD. DEP1. t 1..0 LEGAL.. SERVICES -'ONG 4,'-,'67.57 4, _:67..`_17 70C v T O T A L 4=;67.57 I hereby certify that the amount of this encumbrance has been entered against the designated appropriation accounts and that this encumbrance is within the authorized available balance of said appropriation. REQUESTED BY APPROVED BY SIGNATURE OF ENCUMBERING OFFICER DATE 1/10/5'7 274 -1404 R.C.B. OF OwAS Sn BAYER & HOSTER ATTORNEYS 800 KENNEDY BUILDING TULSA, OKLAHOMA 74103 RCB Bank 11633 East 86th Street: North Owasso, OK 74868 For legal services rendered and expenses advanced in connection with the preparation of loan documents for the OEDA /ONEOK project Photocopy expenEe Postage expense Total expenses Balance Due 703 F02 TAI I 15 '97, 13:02 Account No. 3152.01 Statement No. 1 $ 4000.00 349.20 18.37 367.57 $ 4367.57 City. of Owasso F'UKUHAJt UHUtK OWASSO. OKLAHOMA 74055 OR ENCUMBRANCE IOWORDER NUMBER ON ALL INVOICES, SHIPPING PAPERS, CORRESPONDENCE AND CONI'AINE R$ DATE OF ORDER ORDER NO. WARRANT NO. REQUISITION NO, CLAS5IFICATION PROD. DEPT. CODE SUB V OR F U M BER N SHIP TO L- -1 1 CONDITIONS: t. Invoices to be rendered in duplicate. 2. No payment to be made until «der in canplets. 3. Back Omens not accepted. 4. Deliveries acknowledged subject to Purchasers inspection. 5. Sales Tax Exempt No. r Purchase Approved By Ey "' ✓%/ to / /�7 SO N144, SL 1977 REQUIRES THE VENDOR TO FURNISH AN ITEMIZED INVOICE WHICH STATES THE VENDORS NAME AND ADDRESS, A CLEAR DESCRIPTIOP OF EACH ITEM PURCHASED. ITS UNIT PRICE THE NUMBER OR VOLUME Of . EACH ITEM. ITS TOTAL PRICE. THE TOTAL OF THE PURCHASE AND THE DATE OF THE PURCHASE. THE INVOICE. TOGETHER WITH A SIGNED DEUVERY TICK ET (IF SEPARATE FROM THE INVOICE) AND ANY OTHER SUPPORTING INFORMA TION MUST BE ATTACHED TO THE ORIGINAL COPY OF THE PURCHASE ORDEF WHEN FILED FOR PAYMENT. A QUANTIT DESCRIPTION UNIT PRICE TOTAL AMOUNT CLAS5IFICATION PROD. DEPT. CODE SUB I nereoy certify that the amount of this encumbrance has been entered against the designated appropriation accounts and that this encumbrance is within the authorized available balance of said approprrapon I APPROVED BY SIGNATURE OF ENCUMBERING OFFICER I DATE RONALD D. CATLS Auomcy at Law Suite 680, ParkCentre 525 South Main Tulsa. Oklahoma 74103 918 -582 -7447 Owasso Economic Development Authority 207 South Cedar L Owasso, OK 74055 FAX 918 -582 -0166 CLIENT MATTER # 2966 -014 ( i ONG STATEMENT OF ACCOUNT DATE SERVICES RENDERED CHGS. PYMTS. BAL. .1/96 -carry over balance -.from previous card $1587 Phillips at Guaranty, teleconference wj Arlene & Darlene _ at ag retary of stater .5 $37.50 1624.7: -payment received - thank you $1587.23 $37.' .1/22/96 drafting documents - correspondence to secretary of state - post filing documents; .6 $45.00 $82.5 1 costs advanced - secretary of state $25.00 107.5( - 114.51 12/5/96 phone consultation w/ Kent Harrel (2) & outside consultation w Phil Lutz A. Henderson, R. Ray, A. Anderson, R. Carr T. Rooney re: Edison annexation rezone s 3.5 262.50 $377.0 ( 2/6/96 phone consultations - Kent Harrell, R. Ray; document finalization . 1 hr $75.00 $452. ( 2/10/96 phone consultation w Sandy Harrell re: question on easement .5 $37.50 $489.` .2/16/96 payment received - thank you $114.50 $375.0 2 hone cons. wZ Kent Harrell re: easement sewer line, time frame, & w/ R. Ray & T. Roon v re: annexation $45.00 1 8420.0 RONALD D. CATES Attomcy at Law Suim 680, ParkCcmrc 525 South Main Tulsa, Oklahoma 74103 918 -582 -7447 FAX 918 -582 -0166 F —1 CLIENT MATTER # Owasso Economic Development Auth. 207 South Cedar Owasso. OK 74055 STATEMENT OF ACCOUNT ONG 2966 -014 (8) DATE SERVICES RENDERED CHGS. PYMTS. BAL. 2/96 carry over balance from previous card $420.0( 2/20/96 review contract & easement documents; teleconference w/ R. Ray, R. Carr, B. Allen, T. Mooney, P. Lutz., IC. Harrell (2) re: foregoing 1.5 $112.50 $532.5( ?/27/96 teleconference w/ M. Snyder, ONG atty, re: Project change orders; easement acquisition status; teleconference w/ K. Harrell re: stat s of sanitary sewer easement; preparation of memo relative to-sanitary sewer easement acquisition 2 hrs $150.00 $682.51 All 164' ):CITY TREASURER Lease issue an Encumbrance )r the following: _ :ndor: Run [A -,PS) iiiOr1�P — A +- LAA) �ndor#: DE RTMgNT HEAD FUND DEPT ACCT# Department: MDA Project or Purpose:./�l� e YMenL-5 a 0J051, APPROVED FOR PURCHASE DATE • u60 City of Owasso Owasso Economic Development Authority Schedule of Revenues and Expenses For the Month Ending January 31, 1997 MTD Operating income: Transfer from City - General Fund $0.00 Contributions 1,250.00 Sale of property 0.00 Other 0.00 Total revenues 1,250.00 Operating expenses: Materials & supplies Services & other charges Capital outlay Total expenses Operating income (loss) Non - operating income (expenses): Proceeds of construction loan ONG Work Center Project Total non - operating income (expenses) Net income (loss) / /1 / 1/ / 11 MM 1,250.00 43,137.00 (43,819.50) (682.50) bbl.bU YTD $0.00 3,750.00 0.00 1,346.29 5,096.29 90.50 1,912.00 0.00 2,002.50 3,093.79 80,460.71 (70,574.37) 9,886.34 12,980.13 Retained earnings 07/01/96 $23,019.91 Retained earnings 01/31/97 $36,000.04 I i i SECTION 00600 CHANGE ORDER PROJECT: Owasso ONG Roadway and CHANGE ORDER NUMBER: 1 Utility Improvements (Oak Tree Business Park DATE: February 111 1997 CONTRACT DATE: October 29r 1996 TO CONTRACTOR: Yocham Enterprises CONTRACT FOR: Construction of approx— P.O. Box 2227 imately 1207 LF of 8" Sapulpa, Oklahoma 74066 water line, 3992 LF of 8" sanitary sewer line, 919 LF of storm sewet, 2000 CY rough grading, 2274 LF curb and gutter, The Contract is changed as follows: See attached and 4352 SY asphalt paving. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 339,903.70 Net change by previously authorized Change Orders $ 0 The Contract Sum prior to this Change Order was $ 339, 903.70 The Contract Sum will be (bmraaad) (decreased) (tachaaged) by this Change Order in the amount of $ 117,270.60 The new Contract Sum including this Change Order will be $ 222, 633.10 The Contract Time will be (increased) (decreased) (unchanged) by ( 0 1 days. The date of Substantial Completion as of the date of this Change Order therefore is unchanged NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. CONTRACTOR OWNER ADDRESS ADDRESS M DATE m DATE CHANGE ORDER 0197 000600 - I OF 1 CHANGE ORDER #1 OWASSO ONG ROADWAY AND UTILITY IMPROVEMENTS (OAK TREE BUSINESS PARK) THE FOLLOWING BID ITEMS ARE TO BE DELETED FROM THE CONTRACT AT THE INDICATED CONTRACT AMOUNTS: BID ITEM # DESCRIPTION AMOUNT 402. ROUGH GRADING $10,000.00 404. PREPARATION OF SUBGRADE 9,950.00 410a. COMBINED CURB AND GUTTER 15,204.00 410b. 18" HEADER CURB 1,080.00 412. 8" ASPHALT PAVING 68,178.00 413a. SUBGRADE 497.50 413b. LIME 12.50 416.41a. DOUBLE GRATE DROP INLET 3,000.00 416.41b. FOUR GRATE DROP INLET 3,500.00 326. HAY BALES 3,000.00 309. 142.43 L.F., 8" PVC PIPE 2,848.60 TOTAL DEDUCTION $117,270.10 Owasso Economic Development Authority 207 South Cedar PO Box 180 Owasso, OK 74055 January 29, 1997 Commissioner Lewis Harris Tulsa County Commissioners 500 S. Denver Tulsa, OK 74103 Dear Commissioner Harris: (918) 272 -2251 FAX (918) 2724999 The purpose of this correspondence is to outline the scope of work for construction of the Oklahoma Natural Gas Roadway and to once again request the assistance of Tulsa County with construction of the project. As you have indicated in the past, Tulsa County is ready and willing to assist us with this project once specific tasks are outlined. Last week, several members of the city staff and I met with Ray Jordan, County Engineer, and the contractor for the job, Yocham Enterprises. The meeting was extremely productive and resulted in a recommended scope of work, which if accepted by Tulsa County, would result in negotiations taking place between the City of Owasso and Yocham Enterprises for construction of the remainder of the project. Specifically, the recommended scope of work includes the following items: Rough grading and subgrade - Grates Curb and guttering - Asphalt Lime - Fine grading Costs for asphalt and lime would be reimbursed to Tulsa County . through a contract between the City of Owasso and the Oklahoma Department of Transportation. The City was informed by ODOT that concrete materials would not be reimbursed as a surfacing material, however, Mr. Jordan indicated a willingness to investigate the possibility of reimbursement of concrete materials as they relate to the curb and guttering. I appreciate the time and energy Tulsa County has spent working with us on this Project and look forward to visiting with you about the aforementioned scope, of work. Sincerely, Rodney J. Ray City Manager TO: HONORABLE CHAIR AND TRUSTEES OWASSO ECONOMIC DEVELOPMENT AUTHORITY FROM: RODNEY J RAY OEDA MANAGER SUBJECT: RIGHT- OF-WAY ACQUISITION NSP INDUSTRIAL ACCESS ROAD DATE: February 11, 1997 The staff will brief the Trustees on the option of condemnation as a viable method of acquiring right -of -way for this project. Attached is an informational memorandum relating to process and cost. CONDEMNATION BY AN OKLAHOMA MUNICIPAL CORPORATION Authority - Article 1I, Section 24, Oklahoma Constitution I 1 Okl. St. Ann. Section 22- 104(2) 66 Okl, St. Ann Erection 53 et. seq. Oklahoma has a group of laws on condemnation. The Oklahoma Constitution established the basic format that required government to pay for taking or damaging private land interests. It provides that "Private property shall not be taken or damaged for public use without just compensation_. ". The Constitution further requires the appointment of a Board of Commissioners of not less than three freeholders... to ascertain the compensation to be paid to a landowner "irrespective of any benefit from any improvements proposed." In addition, our Constitution provides for jury trials to asses damages if possession of land by a government agency occurs, and judicial inquiry into the character of the use to ascertain if it is public or private. Private property cannot, without the consent of the owner.. be taken for a purely private purpose and no government agency has the right to take private property for other than a public use in Oklahoma. While the Constitution sets forth these primary requirements for land takings, the Legislature has adopted eminent domain enabling laws, practices and procedures. MODIS OPERANDI UNDER THE RAILROAD ACT Condemnation procedures are "special'„ and the rules by which they are guided are "special" riles. The rules of procedure which apply to condemnation proceedings in Oklahoma are those set forth in the Railroad Act originally adopted in 1910. 1. Resolution of Necessity The state, city or county agency must adopt a resolution of necessity setting forth the reasons for a taking, the property to be taken, that the use is for a specific public purpose and a statement of procedures to be followed to negotiate a purchase, or initiate subsequent condemnation proceedings. Neither service of the resolution upon landowners or notice of these early actions is required. Legal Fees $150.00 Court Costs -0- 2. Survey of Property: Government agencies customarily conduct an engineering survey to determine accurate land boundaries incident to a taking. For this purpose, they are authorized to enter upon land. Damages for injury caused are compensable. Engineering Fees unknown Legal Fees -0- Court Costs -0- 3. Offer to Purchase Land: The landowner must be approached before condemnation proceedings are stated with a voluntary offer to purchase his property. The requirement is mandatory. Other persons owning interests in the land must also be offered cash. The negotiation can be formal or informal, oral or written, brief or extended. Offers may be made any time before starting a condemnation case, and if proceedings are not begun within a reasonable time after rejection, ]aches may require a new Resolution of Necessity and a new offer. Engineering Fees -0- Legal Fees $1550.00 to $1500.00 depending upon time authorized to ne,otiate and number of persons owning on interest Court Costs -0- 4 Petition to Condemn Property_ If a landowner refuses to sell his property voluntarily to the agency, a court suit usually follows. 'The petition is, in form, of the type usually seen in "civil cases ", but will contain, additionally, the following: Identification of condemnor and condemnee(s) and the property involved: reference to source of authority for taking and to the necessity of taking; reference to a resolution of necessity adopted by agency; addresses of landowners and statement that they are either residents or non - residents; and a request for appointment of commissioners to render a report to the court on the fair market value of the lands taken. Exhibits are sometimes attached to the petition Engineering Fees -0- Legal Fees $300.00 Court Costs $79.00 plus $5.00 for each additional defendant Notice of Proceedings to Landowners The court must issue notice to the landowner of the date, time and place of hearing to appoint three commissioners to appraise the property. At lease 10 days notice is required. Engineering Fees -0- Legal Fees $100.00 Court Costs -0- 6. Selection of Three Commissioners: Three freeholders of the county are selected by the court and an order is given them to appraise the land They cannot be interested in the litigation, need not be professional appraisers, and are paid a statutory fee. Nominations can be received from the government and landowner. An order signed by the court. Oath is signed. Engineering Fees -0- Legal Fees $150.00 Court Costs -0- Commissioners Fees $4,500.00 (Tulsa County average $1,500.00 each) 7. Report of Commissioners No time limit is specified. The report of the three commissioners appointed by the court is signed by them and shows a sum of money they establish as the market value of the property. If requested, courts will order a breakdown of values for various interest. Filing of the report in the clerk's office occurs. Engineering Fees -0- Legal Fees $150.00 Court Costs -0- 8. Exceptions - Commissioners' Report There is a 30 -dav time limit from the filing date in clerk's office. Objections may be filed by government and landowner. Objections may be jurisdictional or nonjurisdictional. Usual objections relate to valuation of property by commissioners and /or judicial questions of whether land is being taken for public or private purpose. Objections to the Report of Commissioners may be extended by court under certain circumstances. Engineering Fees -0- Legal Fees -0- Court Costs -0- 9. Jury Trial - Demand: There is a 60 day time limit from the filing date of the Report of Commissioners in the county clerk's office, unless extended under certain circumstances, by the court. Jurisdictionally this cannot be waived by court. It may be withdrawn at any time before trial. If a jury trial is demanded by one party and not the other, but withdrawn before trial, neither party has a right to trial to assess damages. The only purpose for ajury trial in condemnation proceedings is to ascertain the correct amount of damages to the land taken. Engineering Fees -0- Legal Fees $50.00 Court Costs 550.00 10: Evidentiary Hearimas Upon request of either side, trial court will grant evidentiary hearings prior to jury trial to decide, among other things, if the purpose of the taking is for a public purpose as required by law. Inquiry into the validity of the taking as well as the merits of objections made to the Report of Commissioners is proper and common. Evidentiary hearings, however, are a matter of discretion with the trial court Engineering Fees unknown Legal Fees unknown Court Costs -0- 1 I. Money Deposit: The condemnor may, if it wishes, or refuse to do so if it does not desire, deposit the award made and set forth in the Report of Commissioners as the fair market value of the land involved and title will transfer to the government agency which has deposited these funds. Possession of the land is immediate in the government agencv. The total award showed in the Report of Commissioners must be deposited, including poundage fees. Engineering Fees -0- Legal Fees S100,00 Court Costs -0- 12. Pre -Trial Conference: The pre -trial conference in a condemnation proceeding is the same as in a "civil' proceeding and follows the same rules of procedure Request should be made for a pre -trial conference in any condemnation case in order to ascertain the number of expert and non -expert witnesses that will be allowed by the trial court to be presented at trial. A limitation of appraisal witnesses is normal in Oklahoma courts. Names of witnesses, maps, exhibits and other evidence relating to the use for which the property is taken should be obtained. Engineering Fees 0- Legal Fees S500.00 Court Costs -0- 13. Jury Trial: Special proceeding to "assess damages." Conducted as a "civil" suit. General rules of evidence apply. Jury trial cannot be waived for purposes of allowing court to assess damages. Landowner has burden of proof. Landowner is entitled to open and close the case. Landowner is entitled to open and close at time of final argument. Engineering Fees -0- if City Engineers is witness: $75 00 to S 100.00 per hour if consultant is used. Legal Fees S-2.500.00 Expert Witness Fees S4,000.00 Court Costs -0- 14. Judgment: The judgment upon the jury verdict will be for the defendant landowner. Judgment should state that payment of damage award granted byjury transfers possession and title of property to government agency. Landowner's objections to entry of judgment maybe made in the same manner as in "civil' proceedings. Engineering Fees -0- Legal Fees 5250.00 Court Costs -0- 15. Post -Trial Motions: Post -trial motions customary to "civil" proceedings may be used in condemnation cases including motions forjudgment notwithstanding the verdict, motions for new trial and special motions relating the facts and circumstances of the case. Objections to form a verdict or judgment may be made as in other cases. Judgment must be filed in the office of the court clerk. Judgment should be filed in the office of the county clerk where land is located. Engineering Fees -0- Legal Fees -0- to $1,000.00 dependent on issues presented Court Costs -0- 16. Payment of Award to Landowner If the judgment does not contain an order directing the court clerk to pay the award made by the jury and confirmed in the judgment by the court, a separate order may be used for this purpose. (Ifjury trial is not had, customary practice involves preparation of separate order signed by the trial court directing the court clerk to pay funds immediately to landowner, granting possession of land upon payment of money to government agency.) Engineering Fees -0- Legal Fees $100.00 Court Costs 1% of award as poundage 17. Motions for New Trial Motion for new trial is not mandatory . Rules relating to appeals in civil cases under Supreme Court Hiles applicable. If filed, motion for new trial must be tiled ten (10) days from date of jury verdict. Engineering Fees -0- Legal Fees -0- to $1,000.00 dependent on issues presented Court Costs -0- 18. Appeals - Judicial Question Special procedure applies under appellate rules of Oklahoma Supreme Court. Discretion with trial court. Motion to certify appeal must be filed and ruled upon by trial court within ten (10) days after order entered by trial court declaring the property is being taken for "public purpose.° If allowed, transcript of proceedings must be forwarded to the Supreme Court, in regular order, and jury trial held in abeyance, pending decision of Supreme Court on appeal Engineering Fees -0- Legal Fees $1,000.00 to $2,500.00 dependent upon issues presented and complexity of same Transcript Costs $1,200.00 Court Costs $180.00 19. Appeals from Jury Verdict Appeals from the jury verdict for the reason that the assessment of damages was either too high or too low are taken in the manner specified by the rules of the Oklahoma Supreme Court as in other cases. No special rules apply for condemnation cases. Engineering Fees -0- Legal Fees 51,000.00 to $2,500 00 dependent upon issues presented and complexity of same Transcript Costs S1,200,00 Court Costs S180,00 The foregoing are the events that one may see in a condemnation proceeding. Not all will occur in every condemnation case. As may as 15 of the events outlined w ill occur in the "typical' condemnation suit. An extensive amount of preparation must be done by attorneys for the condemnor and the condemnee in order to convey jurisdiction upon a court. NOTE 1) The foregoing fees are estimates based upon condemnation experience predominately in Tulsa County District Court, State of Oklahoma Such may vary dependent upon the complexity of the pre -trial procedures both in terms of time expenditure as well as issues presented. Also, omitted from the estimates is any allocation for pre -trial discovery of fact and expert witness deposition as well as document discovery This could easily approximate 53,000.00 2) It should also be noted that if the landowner recovers more than ten percent (10 %) above the Commissioners award, then, in such event, the landowner from the government agency will recover his legal fees, engineering fees and expert witness fees expended or incurred. 2780- 321.ocl MEMORANDUM TO: THE HONORABLE CHAIR AND TRUSTEES OWASSO ECONOMIC DEVELOPMENT AUTHORITY FROM: RODNEY J RAY OEDA MANAGER SUBJECT: 1997 GREATER TULSA HOME AND GARDEN SHOW DATE: February 11, 1997 HISTORY OF INVOLVEMENT: Since 1994, the Owasso booth at the Greater Tulsa Home and Garden Show has been a combined cooperative effort of the Owasso Chapter of the Builders Association, the Owasso Chamber of Commerce, the Owasso Economic Development Authority, and the City of Owasso. Each of these groups provided representatives on the committee, as well as funds and /or in -kind labor and booth assistance. The 1994 and 1995 booths were presented awards from the Builders Association of Metropolitan Tulsa for the Most Effective Display Promoting the Housing Industry. 1997 BOOTH: This team concept is being utilized once again for the 1997 ow. The Owasso Home and Garden Show Committee is comprised of representatn�eyfrom the Chamber of Commerce, Builders Association, Developers Council Owasso Realt d the City of Owasso. Funds for the booth have been committed by the Chamber, Developers Council, Builders Association, and These funds are required for booth space rental, walls, carpet, and other incidentals for the booth. The City is providing materials and labor for the construction of the structure that will be the central focus of the booth. The Greater Tuls me-and—Garden Show will be held at the IPE Building March 13 -16. wasso's booth space is 10' x ', and will be constructed as an art gallery featuring photos of scenes in Owasso and generally promoting the community. The committee has chosen the theme: "Owasso - Oklahoma's Premier Hometown ". Volunteers to work in the booth during the Show will come from all of the groups involved in the construction of the booth, with an emphasizes placed on the promotion of Owasso as a great place to live and raise a family. 80,000 to 100,000 people are expected to attend the Show. HOME AND GARDEN SHOW FEBRUARY 11, 1997 PAGE 2 OEDA PAST ACTION: On July 11, 1996, the OEDA discussed its involvement with the 1997 Home and Garden Show Consortium during a regularly scheduled meeting. The discussion resulted in no action being taken regarding the OEDA's participation (see attached minutes). Chairman Anderson has been approached with questions relating to OEDA participation and has requested that this item be placed on the agenda for Trustee consideration and action. RECOMMENDATION: Because the scope of the Owasso presentation relies on the Home and Garden Show's Consortium knowing whether or not the OEDA will contribute resources to the effort, the staff recommends that the Trustees take a definitive action on the question so an answer can be given to the group planning the event. ATTACHMENT: Minutes from July 11, 1996 OEDA Meeting Owasso Economic Development Authority July 11, 1996 Page No. 4 ITEM 7: PRESENTATION OF FINANCIAL REPORT Ms. Bishop presented the report. ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FOR THE OEDA TO CONTRIBUTE FUNDS FOR THE OWASSO BOOTH AT THE 1997 TULSA HOME & GARDEN SHOW. There was lengthy discussion concerning the 1997 Home and Garden Show and the extent of OEDA participation. No action was taken on this item. ITEM 9: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST FROM PRECISION COMPONENTS FOR TRUSTEE APPROVAL OF A WAIVER AND CONSENT IN REGARDS TO THE PURCHASE OF ONE KITAMURA HORIZONTAL MACHINING CENTER FROM AT &T CAPITAL LEASING SERVICES INC Ms. Henderson reported that a second Waiver and Consent Form for the purchase of the Kitamura Horizontal Machining Center by Precision Components needs to be signed. Ms. Lawrence moved we have the Waiver and Consent Form signed, seconded by Mr. Ramey. A vote on the motion was recorded as follows: Tom Kimball - Yes Bill Retherford - Yes Gary Akin - Yes Alan Anderson - Yes Brenda Lawrence - Yes Joe Ramey - Yes Motion carried 6 -0. ITEM 10: - UPDATE ON OKLAHOMA NATURAL GAS Ms. Henderson reported that all bids for the construction of the ONG Work Center and the Infrastructure are due Tuesday, August 20, 1996. ITEM 11: UPDATE ON LAGOON FILL PROJECT Mr. Carr presented the update report. ITEM 12. DISCUSSION OF PROGRESS ON OEDA STRATEGY