HomeMy WebLinkAbout2007.07.17_City Council AgendaPUBLIC NOTICE OF THE MEETING OF THE
OWASSO CITY COUNCIL
TYPE OF MEETING: Regular
DATE: July 17, 2007
TIME: 6:30 p.m.
PLACE: Council Chambers, Old Central Building_
109 N. Birch
Notice and agenda filed in the office of the City Clerk and posted at City Hall 5:00 p.m. on
Friday, July 13, 2007.
Sherry Bishop, City Clerk
AGENDA
1. Call to Order
Mayor Stephen Cataudella
2. Invocation
Rev. Lynn Wood
Rejoice Church
3. Flag Salute
4. Roll Call
5. Citizen Request to address the City Council
Ms. Lois Adams
Ms. Adams has submitted a request to address the City Council and offer her appreciation
to the Council and City staff for the drainage improvements completed near her residence.
N1 Agenda 'CounciV20OT0717 doc
Owasso City Council
July 17, 2007
Page 2
6. Consideration and appropriate action relating to a request for Council approval of the
Consent Agenda. All matters listed under "Consent" are considered by the City Council to
be routine and will be enacted by one motion. Any Councilor may, however, remove an
item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non-
debatable.
A. Approval of Minutes of the July 3, 2007 Regular Meeting and July 10, 2007 Special
Meeting.
Attachment # 6 -A
B. Approval of Claims.
Attachment # 6 -B
C. Acknowledgement of receiving the monthly FY 2006 -2007 budget status report.
Attachment # 6 -C
D. Approval to purchase one (1) four wheel drive utility vehicle for the Fire Department
and authorization of payment to Ruble -Vance Chevrolet of Guthrie, Oklahoma in the
amount of $33,578.
Attachment # 6 -D
E. Rejection of all bids received for the construction of the Fire Station No. 3 Sanitary
Sewer Line Extension and direct the staff to review the scope of work and re -bid the
project.
Attachment # 6 -E
7. Consideration and appropriate action relating to a request for Council confirmation of the
Mayor's appointment to the Owasso Economic Development Authority.
Mayor Cataudella
The Mayor will recommend Council confirmation of an appointment to the Owasso
Economic Development Authority.
Owasso City Council
July 17, 2007
Page 3
Consideration and appropriate action relating to a request for Council approval of the Smith
Farm Marketplace III Final Plat, consisting of approximately 14.32 acres located at the
southwest corner of E. 96th Street North and N. 1215` East Avenue.
Mr. McCulley
Attachment #8
Staff will recommend Council approval of the Smith Farm Marketplace III Final Plat.
9. Consideration and appropriate action relating to a request for Council approval to purchase
one (1) emergency response wildland firefighting vehicle and authorization of payment.
Mr. Stuckey
Attachment 99
Staff will recommend Council approval to purchase one (1) 2008 Ford F -350 to serve as an
emergency response wildland firefighting vehicle for the Fire Department and
authorization of payment in the amount of $30,372 to Country Ford of Guthrie, Oklahoma.
10. Consideration and appropriate action relating to a request for Council approval of an
agreement between the City of Owasso and the Owasso Public Schools for the purpose of
providing a School Resource Officer and authorization for the City Manager to execute the
agreement.
Mr. Yancey
Attachment #10
Staff will recommend Council approval of an agreement between the City of Owasso and
the Owasso Public Schools for the purpose of providing a School Resource Officer and
authorization for the City Manager to execute the agreement.
11. Consideration and appropriate action relating to a request for Council acceptance of the FY
2006 -2007 Street Rehabilitation Project and authorization for final payment in the amount
of $108,061.
Ms. Stagg
Attachment #I I
Staff will recommend Council acceptance of the completed FY 2006 -2007 Street
Rehabilitation Project and authorization for payment to Becco Contractors, Incorporated in
the amount of $108,061 for a final contract amount of $274,157.38.
Owasso City Council
July 17, 2007
Page 4
12. Consideration and appropriate action relating to a request for Council approval of the FY
2007 -2008 Street Rehabilitation Program proposed project priorities.
Ms. Stagg
Attachment #12
Staff will recommend Council approval of the FY 2007 -2008 Street Rehabilitation Program
proposed project priorities.
13. Consideration and appropriate action relating to a request for Council approval of an
extension to the agreement between the City of Owasso and Meshek & Associates for the
purpose of engineering services.
Ms. Stagg
Attachment # 13
Staff will recommend Council approval of an extension to the agreement between the City
of Owasso and Meshek & Associates for the purpose of engineering services relating to
stormwater design, analysis, and review in an amount not to exceed $90,000.
14. Consideration and appropriate action relating to a request for Council adoption of
Ordinance No. 897, an ordinance amending Part 10 of the City of Owasso Code of
Ordinances by repealing Chapter 4, Section 10 -419 and creating Chapter 9, Sections 10-
901 through 10 -911, entitled "Smoking and Tobacco ".
Ms. Lombardi
Attachment #14
Staff will recommend Council adoption of Ordinance No. 897.
15. Consideration and appropriate action relating to a request for Council adoption of
Ordinance No. 898, an ordinance amending Part 10, Chapter 9 of the City of Owasso Code
of Ordinances by creating Section 10 -912, prohibiting smoking in certain public places.
Ms. Lombardi
Attachment # 14
Staff will recommend Council adoption of Ordinance No. 898.
Owasso City Council
July 17, 2007
Page 5
16. Consideration and appropriate action relating to a request for Council approval of a
Development Agreement among the OPWA, the OEDA, and SF Shops Investors, L.P. and
for limited purposes set forth in the Agreement, the City of Owasso; and approving the
indebtedness of the OPWA for $4,600,000 as set forth in the Agreement.
Mr. Ray
Attachment # 16
Staff will recommend approval of an Agreement wherein the OPWA provides incentives
and reimbursements for the development of a retail center by SF Shops Investors, L.P.
17. Report from City Manager.
18. Report from City Attorney.
19. Report from City Councilors.
20. New Business (New Business is any item of business which could not have been foreseen
at the time of posting of the agenda.)
21. Adjournment.
OWASSO CITY COUNCIL
MINUTES OF REGULAR MEETING
Tuesday, July 3, 2007
The Owasso City Council met in regular session on Tuesday, July 3, 2007 in the Council
Chambers at Old Central per the Notice of Public Meeting and Agenda posted on the City Hall
bulletin board at 5:30 p.m. on Friday, June 29, 2007.
ITEM 1. CALL TO ORDER
The meeting was called to order at 6:30 p.m.
ITEM 2. INVOCATION
The invocation was offered by Reverend Frank Adams, Believers Covenant Church.
ITEM 3. FLAG SALUTE
Councilor Kimball led the flag salute.
ITEM 4. ROLL CALL
PRESENT ABSENT
Steve Cataudella, Mayor
D.J. Gall, Vice Mayor
Doug Bonebrake, Councilor
Susan Kimball, Councilor
A quorum was declared present.
STAFF
Rodney J. Ray, City Manager
Julie Lombardi, City Attorney
ITEM 5. PRESENTATION OF EMPLOYEE OF THE MONTH
Mr. Ray introduced to the Council Sergeant Shawn Jones, an officer of the Owasso Police
Department, as the City's Employee of the Month for July, 2007.
Owasso City Council July 3, 2007
ITEM 6. PRESENTATION OF CERTIFICATE OF APPRECIATION
Mr. Gorham was unable to attend tonight's Council meeting, therefore this item has been tabled
until a future date.
ITEM 7. PRESENTATION OF CHARACTER TRAIT OF THE MONTH
Ms. Carol O'Daniel, a member of the Owasso Character Council, presented to the Council
`Contentment', the Character Trait of the Month for July, 2007.
ITEM 8. CONSIDERATION AND APPROPRIATE ACTION RELATING TO A
REQUEST FOR COUNCIL APPROVAL OF THE CONSENT AGENDA
A. Approval of Minutes of the June 19, 2007 Regular Meeting.
B. Approval of Claims.
C. Declare the Ward 4 City Council position vacant and authorize the City Clerk
to publish a Notice of Vacancy.
Ms. Kimball moved, seconded by Mr. Gall, to approve the Consent Agenda with claims totaling
$132,223.93, and payroll claims for two pay periods totaling $761,064.04.
YEA: Bonebrake, Cataudella, Gall, Kimball
NAY: None
Motion carried 4 -0.
ITEM 9. REPORT FROM CI'T'Y MANAGER.
Mr. Ray reported to Council that the process had begun in filling Ward 4's vacant Council seat.
Mr. Ray also reported that bids for the 1291h East Avenue Widening Project will be going out this
month.
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Owasso City Council
ITEM 10. REPORT FROM CITY ATTORNEY
No report.
ITEM 11. REPORT FROM CITY COUNCILORS
No report.
ITEM 12. NEW BUSINESS
None.
ITEM 13. ADJOURNMENT
Ms. Kimball moved, seconded by Mr. Bonebrake, to adjourn.
YEA: Bonebrake, Cataudella, Gall, Kimball
NAY: None
Motion carried 4 -0 and the meeting was adjourned at 6:52 p.m.
Pat Fry, Minute Clerk
3
July 3, 2007
Steve Cataudella, Mayor
OWASSO CITY COUNCIL
MINUTES OF SPECIAL MEETING
Tuesday, July 10, 2007
The Owasso City Council met in a special meeting on Tuesday, July 10, 2007 in the Council
Chambers at Old Central, 109 N. Birch Street, per the Notice of Public Meeting and Agenda
posted on the City Hall bulletin board at 5:00 PM on Friday, July 6, 2007.
ITEM 1: CALL TO ORDER.
Mayor Cataudella called the meeting to order at 6:04 PM.
PRESENT ABSENT
Steve Cataudella, Mayor
DJ Gall, Vice Mayor
Doug Bonebrake, Councilor
Susan Kimball, Councilor
A quorum was declared present.
ITEM 2: DISCUSSION RELATING TO ADMINISTRATIVE ITEMS
A. 2007 ODOT HIGHWAY TREE GRANT PROGRAM APPLICATION AND
SUBMITTAL
Mr. Rooney reviewed the item. It was explained that this was informational item only and that
action would only be needed by the City Council if the grant is awarded to the City of Owasso.
The application deadline is July 13, 2007.
ITEM 3: DISCUSSION RELATING TO COMMUNITY DEVELOPMENT DEPARTMENT
ITEMS
A. ANNEXATION REQUEST (1)
B. FINAL PLAT REQUEST (1)
Mr. Rooney reviewed the above items. It was explained that both the Annexation and Final Plat
items were unanimously approved by the Planning Commission. Several concerns were
expressed about the proposed annexation of the Crown Colony Addition in regards to
infrastructure and the impact this area would have on future development. With the concerns
being noted, staff committed to reviewing the infrastructure of the Crown colony addition and
would report back to the City Council at the August work session.
Owasso City Council
ITEM 4: DISCUSSION RELATING TO PUBLIC WORKS ITEMS
July 10, 2007
A. PROPOSED ACCEPTANCE AND FINAL PAYMENT OF THE FY 2006 -07
STREET REHABILITATION PROGRAM
B. FY 2007 -08 STREET REHABILITATION PROJECT — PROPOSED PROJECT
PRIORITIES
C. REVIEW OF THE BIDS RECEIVED FOR THE MAIN STREET
BEAUTIFICATION PROJECT
D. REVIEW OF BIDS RECEIVED FOR THE CONSTRCTION OF THE FIRE
STATION #3 WATERLINE
E. PROPOSED ENGINEERING SERVICES AGREEMENT BETWEEN THE CITY
OF OWASSO AND MESHEK & ASSOCIATES FOR FY 2007 -08
STORMWATER DESIGN, ANALYSIS, AND REVIEW.
Mr. Rooney and Ms. Stagg reviewed the above items. It was discussed that the Main Street bids
are still being reviewed, however there would need to be Council action to reject the bids on the
Fire Station #3 waterline. With the exception of the Main Street item, the items will be placed
on the City Council agenda for action on July 17, 2007.
ITEM 5: DISCUSSION RELATING TO FIRE DEPARTMENT ITEMS
A. PROPOSED PURCHASE OF A WILDLAND FIREFIGHTING VEHICLE
B. PROPOSED PURCHASE OF A EMERGENCY RESPONSE COMMAND
VEHICLE
Mr. Rooney reviewed both items. There were no questions regarding the vehicle purchases and
Mr. Rooney recommended that these items be placed on the July 17, 2007 City Council agenda
for action.
ITEM 6: DISCUSSION RELATING TO CITY MANAGER ITEMS
A. OWASSO ECONOMIC DEVELOPMENT AUTHORITY VACANCY
B. PROPOSED LEASE AGREEMENT BEWEEN THE CITY OF OWASSO
AND KOURTIS REALTY LTD FOR PROPERTY LOCATED NORTH OF E.
16TH STREET, ADJACENT TO RON'S HAMBURGERS, CONSISTING OF
18,377 SQUARE FEET
C. PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
OWASSO AND HUNT PROPERTIES
D. PROPOSED ORDINANCES RELATING TO THE USE OF, AND ACCESS
TO, TOBACCO PRODUCTS
E. CITY MANAGER'S EVALUATION — PROCESS AND PROPOSED
TIMELINE
F. CITY MANAGER
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Owasso City Council
July 10, 2007
Mr. Ray reviewed the above items. Several concerns were expressed by the City Council
regarding the proposed lease agreement. Staff committed to reviewing the possibilities of the
use of the land and will present this item at a later date.
ITEM 8: CONSIDERATION AND APPROPRIATE ACTION RELATING TO A REQUEST
FOR AN EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSING
PERSONNEL MATTERS RELATING TO THE OFFICE OF THE CITY
MANAGER. SUCH EXECUTIVE SESSION PROVIDED FOR IN O.S. 25.
SECTION 307 (13)(1).
No motion was made by a member of the City Council to enter into Executive Session.
ITEM 9: ADJOURNMENT
Councilor Kimball motioned, seconded by Councilor Gall, to adjourn. All were in favor and the
meeting was adjourned at 10:10 PM.
Mayor
CITY OF OWASSO
CLAIMS TO BE PAID 07/17/07
VENDOR
DESCRIPTION
AMOUNT
TREASURER PETTY CASH
CC REFUND - SIMPSON
50.00
REFUND TOTAL
50.00
LAW ENFORCEMENT SYSTEMS
CITATIONS
995.00
OFFICE DEPOT INC
OFFICE SUPPLIES
95.08
FRANK W AMBRUS
BAILIFF SERVICES
300.00
TREASURER PETTY CASH
MEETING EXPENSE
29.75
OMCCA
ANNUAL DUES
145.00
MUNICIPAL COURT DEPT TOTAL
1,564.83
OFFICE DEPOT INC
OFFICE SUPPLIES
154.20
JPMORGAN CHASE COMMERCIAL CARD
AMAZON -BOOKS
107.33
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
8.30
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
72.76
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
76.66
CUSTOM CRAFT AWARDS, INC.
NAME BADGE
7.50
CINGULAR WIRELESS
CELL PHONE USE
92.60
TREASURER PETTY CASH
MILEAGE - BISHOP
33.77
WAL -MART CORP SAMS CLUB 7715090360837835
OPERATING SUPPLIES
31.76
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
51.90
OMLOA
ANNUAL MEMBERSHIP FEE
350.00
CITY MANGEMENT ASSOCIATION OF OKLAHOMA
MEMBERSHIP DUES - RAY /ROONEY
855.70
JPMORGAN CHASE COMMERCIAL CARD
ICMA DUES /ROONEY
696.00
JPMORGAN CHASE COMMERCIAL CARD
EMPLOYEE APPRECIATION
13.39
JPMORGAN CHASE COMMERCIAL CARD
EMPLOYEE APPRECIATION
25.00
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
31.92
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
78.13
JPMORGAN CHASE COMMERCIAL CARD
MEETING EXPENSE
59.74
MANAGERIAL DEPT TOTAL
2,746.66
FEDERAL EXPRESS CORPORATION
SHIPPING CHARGES
23.09
OFFICE DEPOT INC
OFFICE SUPPLIES
41.27
JPMORGAN CHASE COMMERCIAL CARD
GASB SUBSCRIPTION
175.00
JPMORGAN CHASE COMMERCIAL CARD
AMAZON -BOOKS
39.63
AICPA
MEMBERSHIP DUES
309.00
FINANCE DEPT TOTAL
587.99
CHARACTER TRAINING INSTITUTE
CHARACTER BULLETINS
404.31
MCAFEE & TAFT
LEGAL
334.91
TULSA WORLD
EMPLOYMENT ADVERTISING
206.34
AMERICANCHECKED, INC
BACKGROUND CHECK
326.10
TREASURER PETTY CASH
MILEAGE /PARKING - DEMPSTER
37.12
JPMORGAN CHASE COMMERCIAL CARD
TRAINING -DANE
400.00
JPMORGAN CHASE COMMERCIAL CARD
TRAINING - SOLENBERGER
400.00
CITY OF OWASSO
CLAIMS TO BE PAID 07/17/07
VENDOR
DESCRIPTION
AMOUNT
L & M OFFICE FURNITURE, INC
CONFERENCE TABLES /CHAIRS
955.00
HUMAN RESOURCES DEPT TOTAL
3,063.78
OFFICE DEPOT INC
OFFICE SUPPLIES
86.19
OFFICE DEPOT INC
OFFICE SUPPLIES
60.26
IKON OFFICE SOLUTIONS, INC
COPIER MAINTENANCE
856.92
CINTAS CORPORATION
MAT SERVICE
32.80
GRESHAM, TIMOTHY
CITY VS. THOMAS
60.00
HEARTLAND CONSULTING, INC
CONSULTING SERVICES
10,500.00
AMERICAN WASTE CONTROL INC
REFUSE SERVICE
129.00
COMMUNITY PUBLISHERS INC
LEGAL POSTINGS
842.70
AT &T
PHONE USAGE
682.94
TREASURER PETTY CASH
POSTAGE
8.25
TULSA COUNTY CLERK
FILING FEES
114.00
GENERAL GOVERNMENT DEPT TOTAL
13,373.06
OFFICE DEPOT INC
OFFICE SUPPLIES
34.33
WORDCOM,INC
PAPER
148.50
INTERNATIONAL CODE COUNCIL, INC
INSPECTORS SOFTWARE COLLECTION
1,575.39
JPMORGAN CHASE COMMERCIAL CARD
AMAZON -BOOKS
13.57
TREASURER PETTY CASH
SUPPLIES -FLAGS
33,59
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
466.61
DENNIS G BUNYARD
MOWING
125.00
DENNIS G BUNYARD
MOWING
150.00
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
230.00
TULSA COUNTY MIS
DIAL UP SERVICE
30.00
CDW GOVERNMENT INC
SOFTWARE
1,000.00
COMMUNITY DEVELOPMENT DEPT TOTAL
3,806.99
JPMORGAN CHASE COMMERCIAL CARD
HOSTICA- ONLINE WEB SERVICE
8.95
OWASSO FENCE CO
MULTI -CODE TRANSMITTER
22.00
JAMAR TECHNOLOGIES
SOLAR COUNTER MAINT
98.02
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
429.58
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
230.00
ENGINEERING DEPT TOTAL
788.55
JPMORGAN CHASE COMMERCIAL CARD
OFFICE DEPOT- BATTERY /CDR
37.90
JPMORGAN CHASE COMMERCIAL CARD
AMAZON -SQL BOOKS
44.09
JPMORGAN CHASE COMMERCIAL CARD
AMAZON -SQL BOOK
37.79
JPMORGAN CHASE COMMERCIAL CARD
AMAZON -BOOKS
9.56
COX COMMUNICATIONS
INTERNET FEES
379.95
CDW GOVERNMENT INC
SOFTWARE
1,350.00
JPMORGAN CHASE COMMERCIAL CARD
INTELEK TECH - SOFTWARE
445.00
JPMORGAN CHASE COMMERCIAL CARD
HOSTIC- ONLINE WEB SERVICE
7.30
STRATEGIC CONSULTING INTERNATIONAL LLC
GIS SYSTEM MAINT FEES
4,000.00
INFORMATION SYSTEMS DEPT TOTAL
6,311.59
WORDCOM,INC
TONER CARTRIDGES
455.79
CITY OF OWASSO
CLAIMS TO BE PAID 07/17/07
VENDOR
DESCRIPTION
AMOUNT
OFFICE DEPOT INC
OFFICE SUPPLIES
11.77
IKON OFFICE SOLUTIONS, INC
SERVICE CHARGES
199.45
OKLAHOMA LIGHTING DISTRIBUTORS INC
LIGHTING SUPPLIES
474.50
LOWES HOME IMPROVEMENT WAREHOUSE
PHYSICAL PROPERTY SUPPLIES
26.68
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
16.71
LENOX WRECKER SERVICE INC
TOWING SERVICE
68.00
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
9.89
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
413.74
MAC SYSTEMS, INC.
ANNUAL INSPECTION -FIRE ALARM
643.50
STREAMSIDE SERVICES, INC
PLUMBING REPAIRS
558.67
COX COMMUNICATIONS
INTERNET FEES
69.95
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
230.00
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
308.45
TREASURER PETTY CASH
DEPT OF CORRECTION LUNCHES
36.81
AT &T
PHONE USAGE
140.98
SUPPORT SERVICES DEPT TOTAL
3,664.89
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
88.68
A N Z SIGNS & SHIRTS, INC
REPAIR SIGNS
60.00
CEMETERY DEPT TOTAL
148.68
LISA LONG
TUITION REIMBURSEMENT
326.25
OFFICE DEPOT INC
OFFICE SUPPLIES
169.35
OFFICE DEPOT INC
OFFICE SUPPLIES
132.33
JPMORGAN CHASE COMMERCIAL CARD
AMAZON -BOOKS
13.57
LOWES HOME IMPROVEMENT WAREHOUSE
TOOL BOX/BIKE PATROL
132.05
WAL -MART CORP SAMS CLUB 7715090360837835
OPERATING SUPPLIES
113.80
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
2,721.29
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
9,110.35
OWASSO FITNESS ZONE, INC
PHYSICAL FITNESS PROGRAM
90.00
HOWARD E STAMPER
RETAINER
150.00
TEST MY HEALTH - INTERFIT HEALTH REDICLINIC
IMMUNIZATION
198.00
LAW ENFORCEMENT PSYCHOLOGICAL SERVICE
EVALUATION
80.00
YALE CLEANERS, INC
UNIFORM CLEANING
1,906.89
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
4,531.67
AT &T
PHONE USAGE
516.36
MEETA HOTEL BEST WESTERN EDMOND INN & SUITES
LODGING /CLEVELAND /BARNES
144.00
COLT DEFENSE LLC
TRAINING - CLEVELAND /BARNES
800.00
TREASURER PETTY CASH
MILEAGE /PARKING
17.30
TREASURER PETTY CASH
PER DIEM
377.85
ROBERT FUNK
PER DIEM
121.50
MARK HARPER
PER DIEM
121.50
DAMON JOBE
PER DIEM
121.50
PARSLEY, RICK
PER DIEM
121.50
ASSOCIATION OF OKLAHOMA NARCOTIC ENFORCERS, INC.
TRAINING
600.00
WOODRUFF, JASON B
PER DIEM
236.00
PARSLEY, RICK
PER DIEM
236.00
FLEET DISTRIBUTORS EXPRESS
VEHICLE MAINT
1,756.25
CITY OF OWASSO
CLAIMS TO BE PAID 07117/07
VENDOR
DESCRIPTION
AMOUNT
POLICE DEPT TOTAL
24,845.31
WAL -MART COMMUNITY
STICKERS FOR JAIL PROPERTY
40.00
WAL -MART COMMUNITY
PRISONER MEALS
274.78
WAL -MART CORP SAMS CLUB 7715090360837835
OPERATING SUPPLIES
90.62
WAL -MART COMMUNITY
OPERATING SUPPLIES
9.32
RICH & CARTMILL, INC
NOTARY RENEWAL
30.00
TREASURER PETTY CASH
NOTARY FEE
10.00
POLICE COMMUNICATIONS DEPT TOTAL
454.72
WAL -MART COMMUNITY
LAUNDRY POWER/WIPES
130.05
O'REILLY AUTOMOTIVE INC
DOOR TOOL
18.99
WAL -MART CORP SAMS CLUB
OPERATING SUPPLIES
76.62
OKLAHOMA POLICE SUPPLY
BOOTS -BAKER
166.90
DAVID B. ASHBY DBA PATROL TECHNOLOGY
SHIRTS /BOOTS - HEMSOTH
215.00
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
247.28
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
153.33
AT &T
PHONE USAGE
37.74
CHRISTINE BAKER
PER DIEM
418.00
LOWES HOME IMPROVEMENT WAREHOUSE
BUILDING IMPROVEMENT
206.06
CUSTOM CAR PORTS & COVERS
ENCLOSED FLAT TOP COVER
6,500.00
ANIMAL CONTROL DEPT TOTAL
8,169.97
OFFICE DEPOT INC
OFFICE SUPPLIES
26.50
JPMORGAN CHASE COMMERCIAL CARD
AMAZON -BOOKS
13.57
WAL -MART COMMUNITY
MAINT SUPPLIES
18.40
BAPTIST'S INC. BAPTIST'S ATHLETIC SUPPLY
UNIFORM HATS
772.45
JPMORGAN CHASE COMMERCIAL CARD
UNIFORM
68.97
CROW BURLINGAME COMPANY
REPAIR/MAINT SUPPLIES
31.56
THOMAS A. GAINES DBA GAINES APPARATUS SERVICE
TEST OUTRIGGER LADDER 1
116.80
T & W TIRE, LP
TIRES - LADDER TRUCK
985.24
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
985.24
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
1,600.35
TREASURER PETTY CASH
FUEL - SHEARER
130.84
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
920.00
AQUARIUS ENTERPRISES, INC DBA CULLIGAN OF TULSA
WATER/COOLER
23.90
BMI SYSTEMS OF TULSA
COPIER RENTAUMAINT
188.63
AT &T
PHONE USAGE
229.91
CINGULAR WIRELESS
PHONE USAGE
27.69
TREASURER PETTY CASH
MEETING EXPENSE
40.17
FIRE DEPT TOTAL
6,180.22
VERDIGRIS VALLEY ELECTRIC COOPERATIVE, INC
STORM SIRENS
36.72
TOTAL RADIO INC
STORM SIREN - ANNUAL MAINT CO
4,260.00
AT &T
PHONE USAGE
18,86
EMERGENCY PREPAREDNESS DEPT TOTAL
4,315.58
L & S DEDMON TRUCKING, LLC
DIRT
170.00
CITY OF OWASSO
CLAIMS TO BE PAID 07/17/07
VENDOR
DESCRIPTION
AMOUNT
GEORGE & GEORGE SAFETY AND GLOVE
UNIFORM GEAR
29.20
UNIFIRST HOLDINGS LP
UNIFORM RENTAUCLEANING
42.58
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
1,140.98
SIGNALTEK INC
TRAFFIC CONTROL MAINT -MAY
300.00
GADES SALES CO, INC
TRAFFIC SIGNAL BULBS
112.53
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
1,533.33
EQUIPMENT ONE RENTAL & SALES, INC.
RENTAL -STUD GUN
70.00
LOWES HOME IMPROVEMENT WAREHOUSE
MATERIALS - STORAGE BUILDING
1,050.75
NES TRAFFIC SAFETY LP
TRAFFIC STRIPING SUPPLIES
1,218.50
STREETS DEPT TOTAL
5,667.87
LOWES HOME IMPROVEMENT WAREHOUSE
HARDWARE
7.88
BROWN FARMS LLC BROWN FARMS SOD
SOD
90.00
GEORGE & GEORGE SAFETY AND GLOVE
UNIFORM GEAR
29.16
UNIFIRST HOLDINGS LP
UNIFORM RENTAUCLEANING
36.74
ENLOW TRACTOR INC
TRACTOR PARTS
2.50
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
435.60
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
1,192.82
TULSA NEW HOLLAND INC
BACKHOE REPAIR
7,326.97
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
1,073.33
TWIN CITIES READY MIX, INC
CONCRETE
5,198.25
STORMWATER MAINT DEPT TOTAL
15,393.25
WAL -MART COMMUNITY
LIGHTS
119.52
HUGHES LUMBER CO
GRAVEL MIX
3.20
ANCHOR STONE CO
LIMESTONE SCREENINGS
6.20
MURRAY WOMBLE INC
DEADBOLT LOCKS
222.00
PACK & MAIL PLUS
COPIES
21.06
UNIFIRST HOLDINGS LP
UNIFORM RENTAUCLEANING
28.16
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
679.18
BRIAN DRENTHE D & SONS LAWN CARE
MOWING CITY PARKS
1,139.00
IMAIKALANI CABRERA DBA ALOHA LANDSCAPE & IRRIGATION
MOWING PARKS
557.00
BRIAN DRENTHE D & SONS LAWN CARE
MOWING PARKS
1,139.00
ROGERS COUNTY RURAL WATER DISTRICT #3
WATER USE CENTENNIAL PARK
143.28
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
306.67
AT &T
PHONE USAGE
92.90
JPMORGAN CHASE COMMERCIAL CARD
AMAZON -BOOKS
13.57
PARKS DEPT TOTAL
4,470.74
CHARACTER TRAINING INSTITUTE
CHARACTER BULLETINS
35.00
OFFICE DEPOT INC
OFFICE SUPPLIES
19.99
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
116.95
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
30.83
AT &T
PHONE USAGE
126.46
BAKER CUSTOM PAINTING
PAINTING SERVICE
3,675.00
COMMUNITY CENTER DEPT TOTAL
4,004.23
OFFICE DEPOT INC
OFFICE SUPPLIES
62.97
CITY OF OWASSO
CLAIMS TO BE PAID 07/17/07
VENDOR
DESCRIPTION
AMOUNT
AT &T
PHONE USAGE
21.61
TREASURER PETTY CASH
MILEAGE
106.46
HISTORICAL MUSEUM DEPT TOTAL
191.04
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
102.74
LONE STAR OVERNIGHT
OVERNIGHT DELIVERY
10.00
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
76.67
JPMORGAN CHASE COMMERCIAL CARD
TRAVEL EXPENSE
12.49
ECONOMIC DEVELOPMENT DEPT TOTAL
201.90
GENERAL FUND TOTAL
110,001.85
FRED KELLEY
AMBULANCE REFUND
44.28
CHRISTOPHER D. LYTLE
AMBULANCE REFUND
16.00
ST JOHN MEDICAL CENTER
FIRST AID MANUALS
45.00
ALLIANCE MEDICAL INC
AMBULANCE SUPPLIES
2,458.34
NUCKOUS DISTRIBUTING INC.
AMBULANCE SUPPLIES
394.00
JPMORGAN CHASE COMMERCIAL CARD
ALLIANCE MEDICAL - SUPPLIES
939.31
CROW BURLINGAME COMPANY
REPAIR/MAINT SUPPLIES
10.99
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT -PARTS
1,466.93
FLEETCOR TECHNOLOGIES DBA FUELMAN
FUEL
1,785.39
CITY GARAGE CITY OF OWASSO
VEHICLE MAINT- SERVICE
766.67
CINGULAR WIRELESS
PHONE USAGE
95.65
TULSA TECHNOLOGY CENTER
PARAMEDIC CLASS FEES /SUPPLIES
9,696.00
TREASURER PETTY CASH
LODGING /PER DIEM
281.90
AMBULANCE SERVICE FUND TOTAL
18,000.46
AT &T
E911 FEES
1,908.94
E -911 FUND TOTAL
1,908.94
CROSSLAND HEAVY CONTRACTORS
CONSTRUCTION - STATION 3
87,010.20
C2A ENGINEERING, INC
ENGINEERING SVS- 86 /MINGO
200.00
SIGNALTEK INC
VEHICLE DETECTOR LOOP REPLACEMENT
2,097.50
CAPITAL IMPROVEMENTS FUND TOTAL
89,307.70
O'REILLY AUTOMOTIVE INC
SHOP SUPPLIES
10.22
CURRENT SOFTWARE, INC
ANNUAL MAINT
500.00
UNIFIRST HOLDINGS LP
UNIFORM RENTAL
19.53
AMERIFLEX HOSE & ACCESSORIES, LLC
REPAIR PARTS - RESALE
48.99
T & W TIRE, LP
TIRES
470.40
O'REILLY AUTOMOTIVE INC
PARTS FOR RESALE
326.34
AAA AUTO SALVAGE
PARTS- POLICE CAR
300.00
ENLOW TRACTOR INC
TRACTOR PARTS - RESALE
342.80
EAST TULSA DODGE, INC
PARTS FOR RESALE
49.31
AMERIFLEX HOSE & ACCESSORIES, LLC
REPAIR PARTS - RESALE
158.51
ATC FREIGHTLINER GROUP
PARTS FOR RESALE
195.81
AT &T
PHONE USAGE
61.34
CITY OF OWASSO
CLAIMS TO BE PAID 07/17/07
VENDOR
OCT EQUIPMENT, LLC
JIM NORTON FORD LLC JIM NORTON FORD
FRONTIER INTERNATIONAL TRUCKS, INC
T & W TIRE, LP
JAMES ELLER DBA QUALITY TIRE & AUTO SERVICE
MYERS TIRE SUPPLY
ROBERT BOSCH L.L.C.
CITY OF OWASSO IMPREST ACCOUNT
UNITED SAFETY & CLAIMS INC DBA PPO SOLUTIONS
URGENT CARE OF GREEN COUNTRY, P.L.L.C.
OK TAX COMMISSION SPECIAL TAX UNIT
CITY OF OWASSO IMPREST ACCOUNT
ATKINSON, HASKINS, NELLIS, BRITTINGHAM, GLADD & CARWILE
FOSTERS PAINT & BODY SHOP, INC
D.K. COLLISION REPAIRS
DESCRIPTION
AMOUNT
REPAIRS - BACKHOE
1,265.53
REPAIR SERVICE - POLICE CAR
240.00
REPAIR SERVICE -TRASH TRUCK
959.91
REPAIR/MOUNTING
30.00
WHEEL ALIGNMENT
49.95
WHEEL BALANCER
224.38
SOFTWARE UPDATE
1,203.00
CITY GARAGE FUND TOTAL
6,456.02
PROFESSIONAL SERVICES
4,131.52
THIRD PARTY ADMIN FEES
1,450.00
MEDICAL TREATMENT
157.00
MITF WORKERS COMP TAX
3,191.28
WC SETTLEMENT
1,369.00
SELF INSURANCE FUND TOTAL
10,298.80
SPARKS VS. CITY
969.35
TORT CLAIM
287.08
TORT CLAIM
676.00
GENERAL LIABILITY PROPERTY FUND TOTAL
1,932.43
GRAND TOTAL
237,906.20
CITY OF OWASO
HEALTHCARE SELF INSURANCE FUND
CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 07/17/07
VENDOR DESCRIPTION
AETNA HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
HEALTHCARE MEDICAL SERVICE
ADMIN FEES
STOP LOSS FEES
HEALTHCARE DEPT TOTAL
DELTA DENTAL DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
DENTAL MEDICAL SERVICE
ADMIN FEES
DENTAL DEPT TOTAL
VSP VISION MEDICAL SERVICE
ADMIN FEES
VISION DEPT TOTAL
AMOUNT
13,956.72
27,773.48
30,829.41
22,934.89
13,111.68
10,498.56
119,104.74
2,255.00
2,344.70
2,585.90
1,910.08
9,095.68
1,761.88
1,077.48
2,839.36
HEALTHCARE SELF INSURANCE FUND TOTAL 131,039.78
CITY OF OWASSO
GENERALFUND
PAYROLL PAYMENT REPORT
PAY PERIOD ENDING DATE 7/7/2007
Department Overtime Expenses Total Expenses
Support Services
-
9,777 47
Police's ..
1,494.52(CB
Central Dispatch
506.87
11,407 78
Anima( Control 10 m ,.
-
3,041 2'
Fire
2,943.92
108,978.21
mergency Prepared'
-'
3762.67
*,, ,,, _..,.
Streets
79.38
10,956.56
,u,
Stormwater /ROW Mamt: r
n \
Wi
\, 10,099.5
Park Maintenance
22.50
8,086.87
tty- Senior ; ' �.. z ,454.8 fl
^Ce
Historical Museum
-
2,633.06
G }evelgpment i .
Garaae Fund - 5,376.35
Ambulance Fund 1,122.78 24,074.81
911 Fund 168.96 3,894.82
Workers Compensation 950.40
CITY OF OWASSO
GENERALFUND
FISCAL YEAR 2006 -2007
Statement of Revenues & Expenditures
As of June 30, 2007 **
REVENUES:
Taxes
Licenses & permits
Intergovernmental
Charges for services
Fines & forfeits
Other
TOTALREVENUES
EXPENDITURES:
Personal services
Materials & supplies
Other services
Capital outlay
TOTAL EXPENDITURES
REVENUES OVER EXPENDITURES
TRANSFERS IN (OUT):
Transfers in
Transfers out
TOTALTRANSFERS
NET CHANGE IN FUND BALANCE
FUND BALANCE (GAAP Basis)
Beginning Balance
Ending Balance
MONTH YEAR
$ 1,350,151 $ 16,960,815
23,163
251,848
33,521
497,340
16,573
232,536
64,517
711,544
11,675
133,174
1,499,599
18,787,257
705,083
9,723,606
78,459
617,960
127,987
1,312,781
103,707
1,626,551
1,015,236
13,280,899
484,363
5,506,359
PERCENT
$ 16,670,000
101.74%
10,163,000
373,000
67.52%
(16,001,375)
455,465
109.19%
(5,838,375)
244,900
94.95%
584,000
121.84%
95,300
139.74%
18,422,665 101.98%
9,940,685 97.82%
571,785 108.08%
1,469,632 89.33%
2,620,588 62.07%
14,602,690 90.95%
3,819,975 144.15%
427,536
10,232,231
10,163,000
(1,283,055)
(15,910,989)
(16,001,375)
(855,519)
(5,678,759)
(5,838,375)
(371,156)
(172,400)
(2,018,400)
5,343,181
$ 5,170,782
FUND BALANCE (Budgetary Basis)
Beginning Balance 3,989,178 3,989,178
Ending Balance $ 3,816,778 $ 1,970,778
"Note: Report is not final for fiscal year end. Accounts payable are still in process.
100.68%
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: BRADD K. CLARK
FIRE CHIEF
SUBJECT: DEPUTY FIRE CHIEF COMMAND VEHICLE
DATE: July 13, 2007
BACKGROUND:
The FY 2007 -08 Fire Operating budget provides funding for the purchase of a new
emergency response supervisory command vehicle for the Deputy Fire Chief. This
position was created and filled in November, 2006. The current budget proposes to
purchase the emergency response vehicle for the supervisory responsibility and use of the
Deputy Fire Chief.
The proposal is to purchase an all- weather emergency response vehicle capable of
transporting five persons and associated personal protective equipment, operating on
scenes for extended periods of time, and arrival at scenes off of paved roads. The
evaluation process for this vehicle considered pick -up trucks and totally enclosed
vehicles. Due to an array of command equipment, including a computer, hazardous
materials monitoring devices and similar equipment, and the need to secure and protect
this equipment from the weather, the totally enclosed vehicle is proposed.
An evaluation of the State of Oklahoma State Purchasing Contracts was then undertaken
by staff. The Chevrolet Tahoe was identified as the vehicle that would best meet the
needs outlined above, as well as being within the funding that was approved in the FY
2007 -08 Fire Operating budget.
The State Purchasing Contract for the vehicle was awarded to Ruble -Vance Chevrolet of
Guthrie, Oklahoma in the amount of $33,578. A copy of this contract is attached for your
information and review.
FUNDING:
The FY 2007 -08 Fire Operating budget includes funds in the amount of $38,500 for this
project, which includes both the vehicle itself as well as the purchase of the emergency
response equipment.
RECOMMENDATION:
Staff recommends Council approval to purchase a utility vehicle from Ruble -Vance
Chevrolet of Guthrie, Oklahoma and authorization of payment in the amount of $33,578.
ATTACHMENTS:
1. State Purchasing Contract Bid from Ruble -Vance Chevrolet of Guthrie, OK
JOHN VANCE AUTO GROUP
Fleet & Government Sales
PO Box 400 Guthrie, OK 73044 -0400
800 - 375 -4471 x 173 Fax: 405 - 260 -3010
Mark Stuckey
City of Owasso
8901 N Garnett
Owasso, OK 74055
Phone: (918)272-5253
Fax: (918)272 -4998
Qty
1
1
1
1
1
1
1
1
1
1
1
1
1
1
Option Code
0070 -06 -50 -500
0070- 06 -50- 500 -07
0070- 06 -50- 500 -09
0070- 06 -50- 500 -12
0070- 06 -50- 500 -16
0070- 06 -50- 500 -17
0070- 06 -50- 500 -21
0070- 06 -50- 500 -22
0070- 06 -50- 500 -23
0070- 06 -50- 500 -37
0070- 06 -50- 500 -38
0070- 06 -50- 500 -41
0070- 06 -50- 500 -95
0070- 06 -50- 500 -96
63U
19D
SW 70035
"Wh+®r+e 8t °s ft-V
Sales Quotation
John Vance Motors
Ruble -Vance Chevrolet
Ruble- VanceAutoplex
Country Ford - Mercury
John Vance Ford LM
Questions? Please call Cameron Colter
Quote Number: 001655 Date 5/30/2007 Quote Expires: 6/9/2007
2007 CHEVROLET TAHOE
4 WHEEL DRIVE
HD TRANSMISSION OIL COOLER
TRAILER TOW PACKAGE
AM /FM STEREO CD PLAYER
FRONT TOW HOOKS
REAR CLOTH SEAT
FRONT BUCKET SEATS
POWER DRIVER SEAT
HD RUBBER FLOOR MATS
LOCKING REAR DIFFERENTIAL
KEYLESS ALARM
ASSIST STEPS
SIDE AIR BAGS (na w/ spot light)
EXT COLOR: SPORT RED
INT COLOR: EBONY CLOTH
STATE CONTRACT
accept the terms and conditions of this quotation.
Signed:
Name: Title:
Terms:
1) TAG & TAXES NOT INCLUDED UNLESS ITEMIZED ON QUOTE.
2) ALL FLEET REBATES & INCENTIVES INCLUDED IN TOTAL PRICE.
3) PURCHASE ORDER REQUIRED TO ORDER VEHICLE
4) BALANCE DUE AT TIME OF DELIVERY UNLESS PREVIOUS
ARRANGEMENTS ARE MADE.
Thank you for the opportunity to be of service.
Price
Extend
$26,977.00
$26,977.00
$3,797.00
$3,797.00
$95.00
$95.00
$0.00
$0.00
$0.00
$0.00
$40.00
$40.00
$0.00
$0.001
$1,575.00
$1,575.001
$0.00
$0.00
$85.00
$85.00
$295.00
$295.00
$339.00
$339.00'
$0.00
$0.00
$375.00
$375.00
Sub -Total $33,578.00
REGISTRATIO
Tag & Tax
Total
Dealer
Approval:
$33,578.00
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JOE NURRE, P.E.
CITY ENGINEER
SUBJECT: FIRE STATION NO.3 SANITARY SEWER EXTENSION
BID AWARD
DATE: July 13, 2007
BACKGROUND:
Related to the construction of Fire Station No. 3 (currently underway), this work includes the
construction of approximately 500 linear feet of 8 -inch sanitary sewer to service the new station
as well as the area located northeast of East 96th Street North and U.S. Highway 169.
Existing sanitary sewer infrastructure is located approximately 500 linear feet north of Fire
Station No. 3. Following a review of alternatives, a recommendation was made for the
construction of 500 linear feet of 8 -inch sanitary sewer ranging from 9 feet to 11 feet depth.
Such depth will enable gravity -flow service not only to the new fire station but also to other
existing and future development in the area.
Design documents were completed in June 2007 and Bid Notification was published in the
Owasso Reporter on June 7, 2007. Documents were submitted to plan firms and facsimile
notifications were sent directly to local contractors to encourage the submittal of multiple bids.
The Engineer's Estimate for the work is $62,000.00.
EVALUATION OF BIDS:
Bids were received and publicly opened on Thursday, June 28, 2007, from a single bidder as
follows:
McGuire Brothers Construction, Inc., Tulsa, Oklahoma $ 101,981.00
Discussions concerning the single submittal have lead staff to believe that the project's scope,
coupled with its location, may have resulted in lack of interest by bidders. Furthermore, although
a new easement was acquired for the installation of the new sewer, its close proximity to other
existing utilities, specifically telephone and gas, may have detrimentally influenced the pricing of
the work by the Bidder.
Fire Station No. 3 Sanitary Sewer
Bid Award — Page 2 of 3
PROJECT FUNDING:
Funding in the amount of $60,000 has been allocated for the work in the Capital Improvements
fund.
RECOMMENDATION:
Staff recommends Council rejection of McGuire Brothers Construction, Inc., Tulsa, Oklahoma,
Bid in the amount of $ 101,981.00 and authorization to re -bid the project.
ATTACHMENTS:
A. Engineer's Cost Estimate & Bid Tabulation
BID TABULATION
PROJECT NUMBER: Capital Improvement Projects 2006 -07
PROJECT NAME: SANITARY SEWER EXTENSION FIRE STATION #3
BID OPENING DATE: Thursday June 28, 2007 @ 2:00pm
ITEM
Engineer's Estimate
c uire brothers
Construction, Inc. 8415 S.
Rea ncv Drive
NO.
ITEM DESCRIPTION
QUANTITY
UNIT
UNIT COST
TOTAL
COST
UNIT COST
TOTAL COST
1
UNCLASSIFIED EXCAVATION
1
LF
$3.00
$3.00
$5.00
$5.00
2
TEMPORARY EROSION & SEDIMENT CONTROL
1
LS
$2,000.00
$2,000.00
$500.00
$500.00
3
SOLID SLAB SODDING BERMUDA
700
SY
$2.00
$1,400.00
$5.00
$3,500.00
4
RIGHT OF WAY CLEARING AND RESTORATION
1
LS
$2,000.00
$2,000.00
$1,000.00
$1,000.00
5
FINAL BACKFILL EXCAVATED MATERIAL
1
CY
$3.00
$3.00
$5.00
$5.00
6
ISELECT BEDDING AGGREGATE BEDDING
1
CY
$25.00
$25.00
$18.00
$18.00
7
AGGREGATE BASE TYPE A
1
CY
$25.00
$25.00
$18.00
$18.00
8
COARSE AGGREGATE NO. 57, IN PLACE
1
CY
$30.00
$30.00
$20.00
$20.00
9
CLSM BACKFILL
1
CY
$35.00
$35.00
$100.00
$100.00
10
DRIVEWAY IN KIND
100
SY
$35.00
$3,500.00
$95.00
$9,500.00
11
REMOVAL AND REPLACEMENT OF ASPHALT PAVEMENT
75
SY
$35.00
$2,625.00
$85.00
$6,375.00
12
ITRAFFIC CONTROL
1
LS
$2,000.00
$2,000.00
$1,500.00
$1,500.00
13
PUBLIC WORKS DIRECTOR
1
LS
$1,800.00
$1,800.00
$900.00
$900.00
14
MOBILIZATION
1
LS
$12,000.00
$12,000.00
$10,000.00
$10,000.00
15
16" STEEL CASING PIPE 1/4" WALL THICKNESS
30
LF
$175.00
$5,250.00
$125.00
$3,750.00
16
MANHOLE (4FT DIAMETER
4
EA
$1,800.00
$7,200.00
$1,800.00
$7,200.00
17
8" SANITARY SDR 35 PVC COMPLETE IN -PLACE
530
LF
$35.00
$18,550.00
$103.00
$54,590.00
18
1PROJE CT ALLOWANCE
1
LS
$3,000.00
1 $3,000.00
$3,000.00
$3,000.00
TOTAL PROJECT COST
1 $61,446.00
$101,981.00
Al
APPROVED BY:
C
D
D
m
z
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: CHIP MCCULLEY
CITY PLANNER
SUBJECT: FINAL PLAT (Smith Farm Marketplace III)
DATE: July 10, 2007
BACKGROUND:
The City of Owasso has received a request to review and approve a final plat proposing 5
commercial lots, on approximately 14.32 acres of property zoned CS (Commercial Shopping)
located at the southwest corner of East 96th Street North and North 121 st East Avenue. A general
area map is attached.
EXISTING LAND USE
Oklahoma Natural Gas
SURROUNDING LAND USE
North: Owasso Market
South: Smith Farm Marketplace
East: RCB Center
West: Undeveloped
PRESENT ZONING:
CS (Commercial Shopping District)
DEVELOPMENT PROCESS:
The four primary steps in the development of commercial property in Owasso include annexation,
zoning, platting, and site planning.
The third step in the development of property is platting. A preliminary plat is required for any
development that proposes to divide land into two or more lots. Plats illustrate the development
concept for the property, and are often modified significantly after being reviewed by the
Technical Advisory Committee (TAC), and the Owasso Planning Commission. Sometimes,
difficult development issues such as existing utility lines, wells, or easements are brought to fight
at the preliminary plat stage and must be remedied prior to development.
Once the property development proposal shows a division of lots that is acceptable to both the
developer and the City of Owasso, a final plat application is submitted. A final plat illustrates the
layout and dimension of lots included on the final plat, right -of -way widths, easements, and other
physical characteristics that must be provided for review by the City. After obtaining approval
from the TAC and Planning Commission, the final plat is considered by the City Council. If
approved, the final plat is filed with the office of the County Clerk and governs all future
development on that property.
ANALYSIS:
The applicant is requesting this review in order to facilitate commercial development on a 14.32
acre tract. The subject property is zoned CS Commercial Shopping Center District. According to
the City of Owasso Zoning Code, uses allowed in CS districts include offices, studios, restaurants,
convenience stores, shopping centers, service stations, etc.
The Final Plat meets all Owasso Zoning Code Bulk and Area requirements. The lot and block
specifications established in the plat layout are adequate for commercial development. Currently the
site is occupied by Oklahoma Natural Gas. If approved, the Oklahoma Natural Gas will be relocating
to the Cherokee Industrial Park to make way for the proposed development.
In a regional context, this proposed addition is in conformance with the Owasso 2015 Land Use
Master Plan, as the area is forecasted for commercial development. Already, there is an emerging
pattern of commercial uses occurring in the general area.
PLANNING COMMISSION
The Owasso Planning Commission considered the application at a public hearing conducted on
July 9, 2007. At that public hearing, the Planning Commission unanimously recommended
approval of the final plat.
RECOMMENDATION
Staff recommends approval of the Smith Farm Marketplace III Final Plat.
ATTACHMENTS:
1. Case Map
2. Final Plat
WAL -MART
E_ 96 ST N
E. 96th
ST. N
Subject
Property
SMITH FA
MARKETPI
Owasso community
Development Department
111 N. Main St.
Owasso, OK 74055
918.376.1500
918.376.1597
www.cityofowasso.com
Final Plat
Smith Farm Marketplace III
MEMO
Point of Cwt
M7' Cantor NW 14
roW 14 ar sedan 20,
r -21 -N, R -14 -E N-th LiM SKM- 20,
- - - - - -
r-21-M, R -I[ -E�
•
Un— Platted
LW ANk
lot 1 379,750.47 SF 7.7m Acres
tat 2 154517.43 IF rne
1134 A
lot 3 x,09179 9F 4429 Aar
lot 4 70,17437 SF 1.740 Acne
W a 36,50000 9F Oa74 Mee
120
u/t - u1a11r rAm1m
r,z - r7nAa u¢47n 4P6010a
11r - 1Ae,a a e9 AtttY
Final Subdivision Plat
Smith Farm Marketplace III
A Resubdivision of Lot 1, Block 1, OAK TREE BUSINM PARK
an addition to the City of Owasso, Tulsa County, Stale of Oklahoma
and
A past of the NB/4 NW /4 of Section M, T -21 -N, R -144E, of the I.B. & K
City of Owasso, Tulsa County, Stage of Oklahoma
Addition has 3 Lots in 1 Block and
contains 14.324 acme mono ar lass.
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MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: BRADD IC CLARK
FIRE CHIEF
SUBJECT: WILDLAND FIREFIGHTING VEHICLE CHASSIS
DATE: July 13, 2007
BACKGROUND:
In 1996, both of the Fire Department's wildland firefighting vehicles were removed from
service due to deterioration. In FY 2000 -01, the Fire Department purchased one new
wildland firefighting vehicle, serving as the only one in the emergency response fleet.
The FY 2007 -08 Fire Capital budget provides funding for the purchase of a new wildland
firefighting vehicle for Fire Station No. 3. This vehicle will provide an emergency
response vehicle for that facility for incidents involving fires in wildland areas or outside
fires not involving structures. Currently, the Fire Department currently has one of these
types of vehicles housed at Fire Station No. 2.
The proposal is to purchase an all- weather emergency response vehicle capable of
operating at wildland fire incidents. An evaluation of the needs of the organization in
terms of the wildland firefighting capabilities was undertaken in February. It was
determined that the most effective and efficient process to create a new wildland
firefighting vehicle for the Fire Department was to purchase the vehicle from the State
Purchasing Contract, and to construct the remaining functionality of the vehicle in- house.
The State Purchasing Contract for the vehicle was awarded to Country Ford of Guthrie,
Oklahoma in the amount of $30,372. A copy of this contract is attached for your
information and review.
Fi iNDIN(;'
The FY 2007 -08 Fire Capital budget includes funds in the amount of $55,000 for this
project, which includes both the vehicle itself and the purchase of the emergency
response equipment to outfit the vehicle.
RECOMMENDATION:
Staff recommends Council approval to purchase the vehicle from Country Ford of
Guthrie, Oklahoma and authorization of payment in the amount of $30,372.
ATTACHMENT:
1. State Purchasing Contract Bid from Country Ford of Guthrie, OK
Country Ford - Mercury, Inc
Fleet & Government Sales
PO Box 1600 Guthrie, OK 73044
800 - 375 -4471 Fax: 405-260-3010
Mark Stuckey
City of Owasso
8901 N Garnett
Owasso, OK 74055
Phone: (918)272 -5253
Fax: (918)272 -4998
a division of
., ,�JIIHPNJ NP
.
AUTO `GROUP
"Where it's Comfortable to buy a car.,
Sales Quotation
Questions? Please call Cameron Colter
Quote Number: 001656 Date 5/30/2007 Quote Expires: 6/9/2007
Qty
Option Code
Description
Price
Extend
1
0070 -48 -40 -100 F
2008 FORD F350 CREW CAB
$20,459.00
$20,459.00
1
0070- 48 -40- 100 -07 F
4 WHEEL DRIVE
$2,825.00
$2,825.00
1
0070- 48 -40- 100 -02 F
DIESEL ENGINE
$4,698.00
$4,698.00
1
0070- 48 -10- 100 -11 F
4.10 LIMITED SLIP DIFFERENTIAL
$290.00
$290.00
1
0070- 48 -10- 100 -33 F
DUAL ALTERNATORS (REQ OPTION 2)
$380.00
$380.00
1
0070- 48 -10- 100 -77A
POWER TRAILER TOW MIRRORS
$220.00
$220.00
1
0070- 48 -40- 100 -50 F
SINGLE REAR WHEELS
($605.00)
($605.00)
1
0070- 48 -10- 100 -48 F
POWER WINDOWS & DOOR LOCKS
$705.00
$705.00
1
0070- 48 -10- 100 -39 F
DUAL POWER POINTS ON DASH
$0.00
$0.00
1
0070- 48 -10- 100 -37 F
RUBBER FLOORING w/ HD MATS
$85.00
$85.00
1
0070- 48 -10- 100 -29 F
BUCKET SEATS (exc console)
$390.00
$390.00
1
0070- 48 -10- 100 -18 F
LT245/75R17E A/T TIRES
$125.00
$125.00
1
0070- 48 -10- 100 -17 F
FRONT TOW HOOKS
$0.00
$0.00
1
0070- 48 -10- 100 -16 F
AM /FM STEREO CD PLAYER
$275.00
$275.00
1
0070- 48 -10- 100 -12 F
TOW COMMAND PACKAGE
$525.00
$525.00
I accept the terms and conditions of this quotation.
Signed: Sub -Total $30,372.00
Name: Title: Registration
Terms: Tax
TAG & TAXES NOT INCLUDED UNLESS ITEMIZED ON QUOTE.
Total $30,372.00
PURCHASE ORDER REQUIRED TO ORDER VEHICLE
BALANCE DUE AT TIME OF DELIVERY UNLESS PREVIOUS ARRANGEMENTS
ARE MADE.
Buyer: Date: Dealer
Thank you for the opportunity to be of service.
MEMORANDUM
TO: THE HONORABLE MAYOR AND COUNCIL
CITY OF OWASSO
FROM: DAN YANCEY
CHIEF OF POLICE
SUBJECT: SCHOOL RESOURCE OFFICER AGREEMENT
DATE: July 10, 2007
BACKGROUND:
The Owasso Police Department has embraced the concepts of the community policing for
several years. A number of community policing programs have been implemented to
empower both the police and the community in the development of effective crime
reduction programs to ensure a better quality of life for all residents. The department has
also taken an active approach of partnering with Owasso Public Schools in an effort to
provide crime prevention, education and law enforcement services to the community
schools.
Currently, patrol officers are taken from their normal assignment or work additional
hours to fulfill the needs of the school. The School Resource Officer will provide a
number of instructional and community relations programs to the public school systems
in addition to general safety of the students and staff, with an ultimate goal being the
reduction of crime. A uniformed police officer will make parents feel that their children
are safe while attending school.
The SRO will actively participate in a number of projects which are under development
such as the implementation of a school truancy program. The SRO will work closely with
the juvenile courts and attempt to hold juvenile offenders accountable for their actions.
The SRO will be involved in a number of extracurricular activities with the students and
will be participating in the "Adopt a School' program. Even more important, the SRO
will be in a position to develop relationships with students. The SRO will become
familiar with the students and staff, which will make them more approachable. The SRO
program is a prime example of Community Policing. The program joins the resources of
the police and the school, which will result in less crime on school campuses. The
program will ensure a safe learning environment and a better quality of life for the
students and staff. The Police Department and the school system will commit to the
proactive partnership in reducing actions of violence on school property. The SRO will
actively participate on Safe School committees and develop programs that will reduce
violence at the schools.
AGREEMENT:
The agreement between the City of Owasso and the Owasso Public Schools calls for the
assignment of an Owasso Police Officer on a full -time basis to the school in the position
of School Resource Officer. The agreement calls for a 50 -50 sharing of the cost of
salary, benefits and vehicle purchase for a period of five (5) years (renewable each year
on the anniversary of the agreement. This proposal was funded in the City's recently
approved FY 2007 -08 budget and is a program that has a long term benefit to the
community and hopefully can be expanded over the next several years to include more
officers in the schools.
REQUEST:
The staff request is for City Council approval of this agreement including authorization
for the City Manager to execute the agreement between the City of Owasso and the
Owasso Public Schools for one (1) School Resource Officer (SRO) position.
VI TNnINf
Funding for this agreement is contained with the Fiscal Year 07 -08 Budget. Cost of
salary, benefits and vehicle purchase is shared 50 -50 between the city and school for a
period of five (5) years renewable each year on the anniversary of the agreement.
RECOMMENDATION:
The staff recommends City Council approval of this agreement including authorization
for the City Manager to execute the agreement between the City of Owasso and the
Owasso Public Schools for one (1) School Resource Officer position.
ATTACHMENT:
1. SRO Agreement between the City of Owasso and Owasso Public Schools.
MEMORANDUM OF UNDERSTANDING
The (police department) City of Owasso, Oklahoma, a Municipal Corporation (OPD); the
Owasso School District, an independent school district of the State of Oklahoma (OPS);
upon the allocation of budgeted funds by both parties pledge to collaborate to
deploy /assign one (1) state certified police officer employed by the City of Owasso
Police Department in the position of School Resource Officer (SRO) within the Owasso
Public School primary and secondary systems.
The deployment of one (1) SRO will be to provide a police officer for education,
instructional, security and police services for the Owasso Public School system in an
effort to reduce the incidents of municipal, state and federal violations of the law and to
provide enforcement of all municipal, state and federal laws upon Owasso Public School
property.
1. OBJECTIVES
I. To provide a police officer trained as a School Resource Officer whose primary
duties and responsibilities will be assignment to the Owasso Public School
District.
2. To develop innovative, systematic, long -term approaches to reduce the incidents
of violations of municipal, state and federal laws upon Owasso Public School
property in the protection of Owasso Public staff, employees, students and users
of the OPS school facilities.
3. To provide a state certified police officer, trained as an SRO who will provide
educational and preventive interdiction services to the OPS staff, employees and
students.
4. To place a police officer within regular proximity of the school campuses of the
OPS to provide crime prevention and interdiction services, as well as to reduce
the incidents of violations to municipal, state and federal laws through police
action violations.
H. OPD RESPONSIBILITIES
• OPD agrees to receive and disburse all grant funds in accordance with
generally accepted accounting principals, the Governmental Accounting
Standards Board, and according to the rules and regulations of the grant.
• OPD agrees to purchase and maintain necessary equipment and supplies
for the appointed SRO. Equipment and supplies will remain the property
of the OPD and shall be used to further the above - stated objectives.
• OPD agrees to file all progress reports and financial reports required by
the program grant.
13
• OPD agrees to provide all necessary police training for the assigned SRO
for state police officer certification, departmental and state required re-
certification.
• OPD agrees to share the cost of salary, benefits and equipment for SRO
for a five (5) year period on a 50/50 basis.
III. OPS RESPONSIBILTIES
• OPS agrees that all employment responsibilities regarding supervision,
police related training, salary disbursement, employment files, scheduling,
assignments, disciplinary action and other basic employment duties for the
SRO will be the responsibility of the OPD.
• OPS agrees to provide office space with telephones at the Mid -High or
High School complex for the SRO.
• OPS agrees to allow attendance to the SRO to all professional conferences
conducted or sponsored by OPS for school staff and employees.
• OPS agrees that assignment of the SRO to duties outside the scope of the
position as SRO will be at the discretion and direction of the OPD.
• OPS agrees that assignment of the SRO during the summer months (June
1St through August 15th will be at the discretion of the OPD.
• OPS agrees to pay the share of cost of the SRO in five (5) installments
beginning 1St of every calendar year.
• OPS agrees to share the cost of salary, benefits and equipment of SRO for
a five (5) year period on a 50/50 basis not to exceed $46,500.00 for the
first year and not to exceed $31,000.00 for every year thereafter until the
total term of the agreement has expired.
IN WITNESS WHEREOF, the parties hereto have caused the
Agreement to be executed on the dates herein set forth.
CITY OF OWASSO
W.
Rodney Ray
City Manager
STATE OF OKLAHOMA )
COUNTY OF TULSA )
DATE OF EXECUTION
Before me a Notary Public, on this day of , 2007,
personally appeared , known to me to be the identical person who
executed the within and foregoing instrument, and acknowledged to me that he executed
the same as his free and voluntary act and deed for the users and purposes therein set
forth.
14
My Commission Expires:
Notary Public
OWASSO SCHOOL DISTRICT DATE OF EXECUTION
Clark Ogilvie
Superintendent of Schools
STATE OF OKLAHOMA )
COUNTY OF TULSA )
Before me, a Notary Public on this day of , 2007,
personally appeared known to me to be the identical person who
executed the within and foregoing instrument, and acknowledged to me that he executed
the same as his free and voluntary act and deed for the users and purposes therein set
forth.
My Commission Expires:
Notary Public
15
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: J.B. ALEXANDER
PROJECT MANAGER
SUBJECT: FY 2006 -2007 STREET REHABILITATION PROJECT
ACCEPTANCE AND REQUEST FOR FINAL PAYMENT
DATE: July 13, 2007
BACKGROUND:
Included in FY 2006 -2007 Budget, the Capital Improvements Fund allowed for the expenditure
of $1,000,000 for the repair and/or resurfacing of residential and non - residential roadways
throughout the city. The work was completed via a private - public partnership. Tulsa County
provided the use of County labor and equipment for the paving and/or resurfacing of
approximately eight lane -miles (or 6,400 tons of asphalt) of roadway surface. Remaining items
such as base work, surface preparation, and striping were provided by private contractors.
On November 7, 2006, Council awarded a contract to Becco Contractors of Tulsa, Oklahoma, in
the amount of $275,080.00 for the completion of base and surface preparation. In March 2007,
an additional $23,200.99 was added to the contract sum via Change Order No. 1, for the overlay
of E. 96`h Street North to be completed during the winter holiday school break, resulting in a
revised contract amount of $298,280.99.
QUANTITY ADJUSTMENTS:
The work was awarded as a unit price contract where the quantities presented in the Bid were
estimated based on expected conditions and used solely for the purpose of comparison of bids. It
was therefore anticipated that a quantity adjustment would be made at final payment to reflect
actual quantities provided.
One quantity required an additive adjustment while five resulted in deductive adjustments for a
total adjustment in the amount of - $24,123.62 as summarized below. The savings were primarily
caused by the elimination of the fabric reinforcement along N. 123rd East Avenue to enable
completion of the work by Tulsa County forces.
FY 2006 -2007 Street Rehabilitation Project
Acceptance and Final Payment
Page 2 of 2
Work Description Bid Unit Price Quantity Cost
Adjustment Adjustment
Process Existing Base...& Surface . $5.00. ....-- _ ............ .. ... ... 724.33 ........... ......
Portland Cement Type I $120.00 34.55 $4,146.00
Cold Milling Asphalt Pavemen .
. .. .._.._.._..........._ I..
Fabric Reinforcement
$1.75
9,500.00 111
- $16,625.00
6" Barrier Curb & Gutter
$25.00
100.00
- $2,500.00
AsphaltPatching ........ ............................... ....__ LS......._.......... ..._......................_._._ -. _._.........................._ ............... __......................... .......- __................_...- $3,334.07 __. _ ...............
Total Underrun - $24,123.62
PROJECT FUNDING:
Funding for this repair project is included in the FY 2006 -2007 Capital Improvements Fund
budget.
RECOMMENDATION:
Staff recommends Council acceptance of the FY 2006 -2007 Street Rehabilitation Project and
authorization for final payment to Becco Contractors, Inc. in the amount of $108,061.00 for a
final contract amount of $274,157.38.
ATTACHMENTS:
A. Becco Final Pay Request
ATTACHMENT A
ICINA L
_ APPLICATION AND CERTIFICATION FOR PAYMENT
Page One of Three
TO: CITY OF OWASSO CONTRACT DATE
111 NORTH MAIN
OWASSO, OK 74055 APPLICATION DATE 5/7/1907
FROM: BECCO CONTRACTORS, INC. PERIOD: 2/28/1907 3/31/1907
P.O. BOX 9159
TULSA, OK 74157 DISTRIBUTION TO: OWNER
ARCHITECT
PROJECT: FY 2006 -2007 CONTACTOR
CONTRACT FOR: PAV.REPAIR PROGRAM ENGINEER
AT VARIOUS LOCATIONS
E CONTRACTOR'S APPLICATION FOR PAYMENT
Application is made for payment, as shown below, in connection with the contract.
Continuation sheet is attached.
STATEMENT OF CONTRACT ACCOUNT:
1
Original Contact Sum
2.
Net Change by Change Orders
3.
Contact Sum to Date (1 +2)
4.
Total Completed & Stored to Date.
(Column G on Continuation Sheet)
5.
Retainage: a. 10% of Completed Work
b. 5 % of Stored Materials
(Column F on Continuation Sheet)
Total Retainage (Line 5a & 5b)
6,
Total Earned Less Retainage
(Line 4 less Line 5 Total)
7.
Less Previous Certificates for Payment
$ 275,080.00
$ 23,200.99
$ 298,280.99
$ 274,157.38
$ 274,157.38
$ 166,096.38
8. Total Due this Estimate (4 -5)
9. Balance to Finish, Plus Retainage
CHANGE ORDER SUMMARY:
ADDITIONS
Change Orders approved in previous
months by owner
TOTALS $ 23,200.99
Approved this month
MR
Approved
Date
TOTALS $ 23,200.99
Net change by Change Order $ 23,200.99
Page Two of Three
$ 108,061.00
$ 0.00
DEDUCTIONS
The undersigned Contractor certifies that to the best of the Contractor's knowledge, information
and belief, the work covered by this Application for payment has been completed in accordance with the
Contract Documents, that all amounts have been paid by the Contractor for work for which previous Certificates
for Payment were issued and payments recieved from the Owner, and that current payment shown herein is now
due.
Contractor: BECCO CONTRACTORS, INC.
By: �4�� - Date: 6 - -,07
State of:
County of: -144Z-,SA
Subscribed and sworn to before me this t10 day of ti E 12007.
Notary Public
My Commission Expires:
Notary Publlo
State of Oklahoma
VICKI WEST
TULSA COUNTY
COMMISSION #05008858
F.-
Comm. Ex . 09 -28 -2009
ARCHITECTS /ENGINEERS CERTIFICATE FOR PAYMENT Page Three of Three
In accordance with the contract documents, based on the on -site observations and the
date comprising the above application, the Architect / Engineer certifies to the Owner that to the
best of the Architect's / Engineer's knowledge, information and belief, the Work has progressed
as indicated, the quality of the Work is in accordance with the Contract Documents, and the
Contractor is entitled to payment of the amount certified.
Amount Certified $ , D 8 0 b I, In
(Attach explanation if amount certified differs from the amount applied for.)
ARCHITECT / ENGINEER:
By:
Date;
This certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the
contractor named herein. Issuance, payment and acceptance of payment without prejudice to
any rights of the Owner or Contractor under this Contract.
CERTIFICATION OF CONTRACTOR
To the best of my knowledge and belief, I certify that all items, units, quantities, and prices of work and meterial shown on the face
sheet(s) 1 to 2 of this Periodical Estimate are correct, that all work has been performed and materials supplied in full accordance with the
terms and conditions of the corresponding construction contract documents between The Owner and BECCO Contractors, Inc., and all
authorized changes thereto; that the following is a true and correct statement of the contract account up to and including the last day of
the period covered by this estimate and that no part of the 'Amount Due this Estimate' has been received:
(a) Total Amount Earned to Date $274,157.40
(b) Retainage Percentage .. ........ $0.00
(c) Total Earned less Retainage .... I ... ...... I . .
$274,157.40
(d) Total Previously Paid $166,096.38
(e) Amount due this Estimate .. $108,061.02
I further certify that all claims outstanding against BECCO Contractors, Inc. for labor, materials, and expendable equipment employed in
performance of said contract have been paid in full in accordance with the requirements of said contract, except such outstanding claims
as are listed below or on an attached sheet which statement contains all claims against the contractor which are not yet paid including all
disputed claims and any claims of which the contractor has or will assert and defense
(Contractor) (Date) (By) (Title)
CERTIFICATION OF THE ENGINEERS
We certify that we have verified this Periodical Estimate, and that to the best of our knowledge and belief it is a true and correct statement
of work performed and materials supplied by the contractor, and that the contractor's certified statement of his account and the amount
due him is correct and just, and that all work and materials included in this Periodical Estimate have been performed in full accordance
with the terms and conditions of the corresponding construction contract and authorized changes thereto.
(Engineer) (Date) (By)
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I
CONSENT OF SURETY
TO FINAL PAYMENT
AIA Document G707
(Instructions on reverse side)
TO OWNER:
(Vane and address)
City of Owasso
111 N Main, P O Box 180
Owasso, OK 74055
BOND #: BD -91862
OWNER
❑
ARCHITECT
❑
CONTRACTOR
❑
SURETY
❑
OTHER
❑
ARCHITECT'S PROJECT NO.:
CONTRACT
PROJECT: CONTRACT DATED:
(Name and address)
FY 2006 - 2007 Pavement Repair Program At Various Locations
For The City Of Owasso, Oklahoma
In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the
(Insert name and address of Surety)
Mid - Continent Casualty Company and Great American Insurance Company
1437 S Boulder 580 Walnut St
Suite 200 Cincinnati, OH 45202
Tulsa, OK 74119 SURETY,
on bond of
(Insert name and address ofContraetor)
Becco Contractors, Inc.
P0 Box 9159
OK 74157
,CONTRACTOR,
hereby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of
any of its obligations to
(Insert name and address of Owner)
City of Owasso
111 N Main, P O Box 180
Owasso. OK 74055
as set forth in said Surety's bond,
IN WITNESS WHEREOF, the Surety has hereunto set its hand on this date: June 4, 2007
(Insert in writing the month followed by the numeric date and year)
Continent Casualty C2T any
Janette A. Wieler,
(Seat) AttOrneV�jll—faCt
Great American Insurance Company
(Surety)
tiVe) (Signamreojauth n, r ese ati )
Jeff R. Johnson, Attorney -in -fact
(Printed name and title)
, OWNER,
CAUTION.: You should sign an original AIA docl_ ment that has this caution printed in reel. An
WNorigini! assures that changes will not be obscured as may occur when documents are reproduced.
Sea: Instruction Sheet for Limited License for Reproduction of this c?t°Ic;l. meat.
AIA DOCUMENT 0707 - CONSENT OF SURETY TO FINAL PAYMENT- 1994 EDITION - AIA Page I of 2
1994 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW, WASH-
INGTON, D.C. 20006 -5292 - WARNING: Unlicensed photocopying violates U.S. copy- 6707 -1994
right laws and will subject the violator to legal prosecution.
MID- CONTINENT CASUALTY COMPANY
Tulsa, Oklahoma
Know all Men by these presents: That the MID- CONTINENT CASUALTY COMPANY, a corporation of the State of Oklahoma, having its
principal office in the city of Tulsa, Oklahoma, pursuant to the following By -Law, which was adopted by the Stockholders of the said Company
on March 13th, 1947, to -wit:
"Article IV; Section 7. -- The Executive Officers of the Company shall have power and authority to appoint, for purposes only of executing
and attesting bonds and undertakings and other writings obligatory in the nature thereof, one more Resident Vice President, Resident Assistant
Secretaries and Attorneys -in -Fact and at any time to remove any such Resident Vice President, Resident Assistant Secretary, or Attorney-iii-Fact
and revoke the power and authority given him. None of such appointees need be Directors of the Company."
The Company does hereby constitute and appoint Jeff R. Johnson, Lynn Pelnik and Janette A.
Wieler, individually of TULSA, OK .
its true and lawful attorney(s) -in -fact, to execute, seal and deliver for and on its behalf as Surety, and as its act and deed,
Any and all bonds and undertakings of Suretyship
And the execution of such instrurnent(s) in pursuance of these presents, shall be as binding upon the said MID- CONTINENT CASUALTY
COMPANY, as tally and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected
officers at its principal office in Tulsa, Oklahoma.
IN WITNESS WHEREOF, MID- CONTINENT CASUALTY COMPANY has executed and attested these
presents this 04 day of April 2007
ATTEST: _
SARA ANDERSON ASSISTANT SECRETARY TODD BAZATA77 VICE PRESIDENT
On this 04 day of April 2007 before me, a Notary Public of the State of Oklahoma in and
for the County of Tulsa, cane the individual to me personally known to be the officer described in, and who executed the preceding instntment,
and he acknowledged the execution of the same, and being by me duly sworn, said that he is the therein described and authorized officer of the
MID- CONTINENT CASUALTY COMPANY aforesaid, and that the seal affixed to the preceding instrument is the corporate of said Company,
and the said corporate seal and his signature as such officer were duly affixed to the said instrument by the authority and direction of the'said
Company, and that Article IV, Section 7, of the By -Laws of said Company, referred to in the preceding instrument, is now in force.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Tulsa; the day and year first above written.
fs ^:.
Commission # 99009381
STATE OF OKLAHOIWIA ormnission exp es
06 -07 -07
COUNTY OF TULS t� =
wx "
.4i' A,� rCALLAHAN Notary Public
l SARA ANDERSON �' jp :'As 'ant Secretary of MID- CONTINENT CASUALTY COMPANY do; hereby certify that the foregoing
rfi
extracts of the By -Laws and o ,x f & Resolut on of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are
true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect.
This certifies that any facsimile or mechanically- produced signature of any oflicer of the Company and Company seal, wherever appearing upon a power of attorney issued
by the Company; shall be valid and binding upon the Company with the same force and effect as though manually alflixed.
IN WITNESS WHEREOF, I hazy hereunto set my hand and affixed the facsimile seal of said corporation
�t1�lrlSl�ir�rfl/�,f °'r' 4th June 2007
this day of
SARA ANDERSON Assistant Secretary
r
B- 8888 -D1C BNPeAOOd01
E
GREAT AMERICAN INSURANCE COMPANY®
Administrative Office: 580 WALNUT STREET • CINCINNATI, OHIO 45202 • 513 - 369 -5000 • FAX 513 - 723 -2740
The number of persons authorized by
this power of attorney is not more than ONE
POWER OF ATTORNEY
No. 0 17244
KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing
under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true and lawful attorney -
in -fact, for it and in its name, place and stead to execute in behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or
other written obligations in the nature thereof; provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed
under this authority shall not exceed the limit stated below.
Name Address Limit of Power
JEFF R. JOHNSON TULSA, OKLAHOMA $75,000,000
This Power of Attorney revokes all previous powers issued in behalf of the attomey(s) -in -fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 16th day of February , 2007
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO, COUNTY OF HAMILTON - ss: DAVID C. KITCHIN (513-412 -4602)
On this 16th day of February, 2007 , before me personally appeared DAVID C. KITCHIN, tome known, being
duly sworn, deposes and says that he resides in Cincinnati, Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instrument; that he knows the seal of the said Company; that the seal affixed to
the said instrument is such corporate seal; that it was so affixed by authority of his office under the By -Laws of said Company, and that he signed his name
thereto by like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company
by unanimous written consent dated March 1, 1993.
RESOLVED: That the Division President, the several Division lice Presidents and Assistant lice Presidents, or any one of them, be and hereby is
authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and
contracts of suretyship, or other written obligations in the nature thereof- to prescribe their respective duties and the respective limits of their authority; and to
revoke any such appointment at any time.
- RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the
Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract or suretyship,
or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such
officer mid the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney and the
Resolutions of the Board of Directors of March 1, 1993 have not been revoked and are now in full force and effect.
Signed and sealed this 4th day of June I
S1029U (4 -04)
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ANA STAGG, P.E.
PUBLIC WORKS DIRECTOR
SUBJECT: FY 2007 -2008 STREET REHABILITATION PROGRAM
PROPOSED PROJECT LISTING
DATE: July 13, 2007
BACKGROUND:
Included in FY 2007 -2008 Budget, the Capital Improvements Fund for a second time allows for
the expenditure of $1 million for the repair and/or resurfacing of residential and non - residential
roadways throughout the City. Rehabilitation sites have been evaluated and selected based on a
comprehensive assessment of roadway conditions. The selection process was aimed at
maximizing return on investment by increasing roadway lifecycle and minimizing future
maintenance costs while enhancing overall roadway driving conditions and public safety.
Once more, the City of Owasso is wishing to further maximize return on expenditures by
partnering with Tulsa County in the completion of the roadway project. It is anticipated that
following the acceptance of proposed sites by Council, a formal request for the use of County
labor and equipment will be submitted for approval via an Interlocal Agreement.
NEW PRIORITY REPAIRS IDENTIFIED:
In June 2007, the street inventory data was updated and refined. The database for the model was
adjusted to reflect changes in segment conditions and a new high - priority listing was generated.
A map depicting the location of the priority sites has been included (see Attachment A). The
new priority listing includes data for eighty -five segments containing location reference (see
Attachment B). Cost estimate for the construction of listed improvements is approximately $1.2
million.
Upon approval, the Engineering Division will proceed to complete bid documents. It is
anticipated that the project can be advertised in July 2007, awarded in August 2007 and
completed by October 2007 — pending Tulsa County acceptance of the schedule.
PROJECT FUNDING:
Funds for this project in the amount of $1,000,000 are included in the FY 07 -08 Capital
Improvements Fund. An additional $165,000 will be obtained from remaining funding in the FY
06 -07 program.
FY 2007 -2008 Street Rehabilitation Program
Proposed Project Listing
Page 2 of 2
RECOMMENDATION:
The staff recommends Council approval of the FY 2007 -2008 Street Rehabilitation Program
repair site priorities and authorization to proceed with preparation of contract documents.
ATTACHMENTS:
A. Recommended FY 07 -08 Repair Sites Location Map
B. Priority Site List
ST N
STREET REPAIR PROJECT FY 2007 -2008 CITY OF OWASSO
7/2/07
Legend
PAVEMENT REPAIR I North
rEUS MAP IS FOR INFORMATION PURPOSE ONLY AND IS NOT INTENDED TO
LEPRESENT AN ACCURATE AND TRUE SCALE. USE OF THIS MAP IS WITFIOUT
7VARRANTY OR REPRESENTATION BY CITY OF OWASSO OF ITS ACCURACY.
111 N. Main Street
P.O. Box 180
Owasso, OK 74055
918.376.1500
FY 2007 -08 STREET REHABILITATION PROGRAM SITES
Street ID:
1
122AS01
2
122AS02
3
122AS03
4
122AS05
5
122AS06
6
122AS07
7
122AS08
8
122AS09
9
122AS10
10
122AS11
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
122AS 12
122AS 13
122AS 14
203AS06
203AS09
203AS 10
203AS11
203AS12
203AS 13
203AS 16
203AS26
213AS27
214AS16
214AS18
214AS20
291 AS04
291AS06
291AS08
291AS15
291AS16
291AS17
291AS18
291AS19
291AS20
291AS21
291 AS22
291AS25
291AS26
291AS27
291AS28
291AS33
291AS35
291AS39
292AS31
292AS32
Street Name:
E 114th Street
E 114"' Street
E 114th Street
N 94"' E Ave
N95"hEAve
E 113"' Street
N 96th E Ave
N 96"' E Ave
E 115th Street
E 114th Street
E 113th Street
E 113th Street
• 94th E Ave
• 121St E Ave
• 119th E Ave
• 119th E Ave
E 90th Street
E 90th Street
E 90th Street
E 90th Street
E 90th Street
E 89th Place
N 138th E Ave
N 138th E Ave
N 138th E Ave
N 117"'EAve
N 117th E Ave
N 117h E Ave
E 83rd Place
E 83rd Place
E 83`d Place
N 1215YEAve
N 121 S" E Ave
N 121 st E Ave
N 121St E Ave
N 121St E Ave
N 118th E Ave
N 118th E Ave
N 118th E Ave
N 118th E Ave
E 82nd Street
E 83rd Street
• 120th E Ave
• 125th E Ave
E 82nd Place
ATTACHMENT B
Location:
• 94th E Avenue to West End
• 94th E Avenue to N 96th E Avenue
• 96th E Avenue to N 96"' E Avenue
E 11 P Street to E 114th Street
E 113th Street to Cul -de -sac (end)
N 95th E Avenue to N 96th E Avenue
E 113th Street to E 114th Street
E 114th Street to E 115th Street
• 96th E Avenue to Mingo Road
• 96th E Avenue to Mingo Road
• 94th E Avenue to N 95th E Avenue
• 94th E Avenue to N 94th E Avenue
E 114th Street to E 114th Street
E 89th Place N to E 90th Street N
E 89th Place to E 89th Street
E 89th Street to E 90th Street
Owasso Expressway to N 119`' E Avenue
N 119th E Avenue to N 120th E Avenue
N 120th E Avenue to N 121St E Avenue
N 121 St E Avenue to N 121 S" Court E
N 121St Court E to N 123`d E Avenue
N 137th E Avenue to N 138th E Avenue
E 89th Street N to E 89th Place N
E 89th Place N to E 89"' Place N
E 89th Place N to Cul -de -sac (end)
E 81St Street to E 83rd Street
E 83`d Street to E 84th Place N
E 84th Place N to E 86th Street
N 117th E Avenue to N 118th E Avenue
N 118th E Avenue to N 119th E Avenue
N 119th E Avenue to N 120"' E Avenue
N 120th E Avenue to E 84th Street
E 84th Street to E 84th Place
E 84th Place to E 85th Street
E 85th Street to E 85th Place
E 85th Place to E 86th Street
E 81 st Street to E 81 st Street
E 81St Street to E 82nd Street
E 82nd Street to E 82nd Place
E 82nd Place to E 83rd Street
N 118th E Avenue to N 120th E Avenue
N 118th E Avenue to N 120th E Avenue
E 83`d Street to N 121St E Avenue
E 82nd Street to E 82nd Place
N 125th E Avenue to Cul -de -sac (end)
FY 2007 -08 STREET REHABILITATION PROGRAM SITES
Street ID:
Street Name:
Location:
46
292AS33
N 125"' E Ave
E 82nd Place to E 83rd Street
47
292AS36
N 126"' E Ave
E 82nd Street to E 83rd Street
48
292AS37
N 126"' E Ave
E 83rd Street to E 841' Street
49
292AS38
E 84"' Street
N 126' E Avenue to Cul -de -sac (end)
50
292AS39
E 84th Street
N 126' E Avenue to N 127' E Avenue
51
292AS40
E 840' Street
N 127"' E Avenue to N 128"' E Avenue
52
292AS42
N 127"' E Ave
E 82nd Street to E 84"' Street
53
292AS43
N 128"' E Ave
E 82nd Street to E 84th Street
54
292AS47
N 128"' E Ave
E 84th Street to E 84"' Street
55
293AS08
E 78th Place
N 117"' E Avenue to N 119' E Avenue
56
293AS09
E 78th Place
N 119'b E Avenue to N 120"' E Avenue
57
293AS 10
E 78' Street
N 117"' E Avenue to N 120"' E Avenue
58
293AS26
E 80th Place
N 11th E Avenue to Cul -de -sac (end)
59
293AS27
E 80"' Place
E 80"' Street to N 118"' E Avenue
60
293AS28
N 118"' E Ave
E 80th Place to E 80"' Court
61
293AS29
N 118"' E Ave
E 80'h Court to E 81st Street
62
293AS31
N 117"' E Ave
E 81St Street to Cul -de -sac (end)
63
293AS32
E 81St Street
N 117th E Avenue to N 118' E Avenue
64
302AS03
E 4' Street
Main Street to Ash Street
65
302AS04
E 4th Street
Ash Street to Birch Street
66
302AS05
E 4"' Street
Birch Street to Cedar Street
67
302AS06
E 4' Street
Cedar Street to Dogwood Street
68
302AS07
E 4th Street
Dogwood Street to Elm Place
69
302AS08
E 4' Street
Elm Place to Owasso Expressway
70
302AS20
E 8th Street
Main Street to Ash Street
71
302AS21
E 8th Street
Ash Street to Birch Street
72
302AS22
E 8t" Street
Birch Street to Cedar Street
73
302AS23
E 8"' Street
Cedar Street to Dogwood Street
74
302AS24
E 8' Street
Dogwood Street to Elm Street
75
302AS25
E 8t" Street
Elm Street to Elm Place
76
302AS26
E 8th Street
Elm Place to Owasso Expressway
77
304AS12
E 2nd Street
Main Street to Birch Street
78
304AS22
E 3rd Court
Dogwood Street to Elm Street
79
304AS23
E 3rd Court
Elm Street to Elm Place
80
304AS40
Birch Street
E 1St Street to E 2nd Street
81
312AS11
Main Street
5"' Avenue to 4th Avenue
82
312AS12
Main Street
4"' Avenue to 3rd Avenue
83
312AS 13
Main Street
3rd Avenue to 2nd Avenue
84
N 145"' E Ave
96"' to 106th St N
85
E Owasso Expwy
86th to concrete road (Tyann extension)
MEMORANDUM
TO: HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: ANA STAGG, P.E.
PUBLIC WORKS DIRECTOR
SUBJECT: ENGINEERING SERVICES AGREEMENT
MESHEK AND ASSOCIATES
STORMWATER DESIGN, ANALYSIS AND REVIEW
DATE: July 13, 2007
BACKGROUND:
This Agreement continues and extends engineering services between City of Owasso and Meshek &
Associates which began on July 2005, for miscellaneous engineering reviews of development projects
or areas with drainage problems, and analysis and conceptual design of drainage improvements, as
directed by the City. Continuation of these services by Meshek and Associates will provide continuity
to the review process and ensure design and construction compliance with the City of Owasso's
Stormwater Water Master Plan.
If approved, this Agreement shall be executed for the fiscal year 2007 -2008 and shall be for a fee
amount not to exceed $90,000.00. All other conditions of the contract remain per the original
agreement. Expenditures for FY 2006 -2007 totaled $80,000. The contract amount for FY 07 -08 has
been increased to $90,000 to account for a projected increase in development activity.
FUNDING SOURCE:
Funding for the Extension of Engineering Services has been allocated under the FY 2007 -2008
Stormwater Management Fund in the amount of $90,000.00.
RECOMMENDATIONS:
Staff recommends Council approval to extend the Engineering Agreement for Miscellaneous
Drainage Engineering Reviews and Analysis with Meshek and Associates for FY 2007 -2008 in an
amount not to exceed $90,000.00.
ATTACHMENTS:
A. Engineering Contract Documents — Meshek & Associates
ATTACHMENT A
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analysis
THIS AGREEMENT, made and entered into this day of . 2007 between the
City of Owasso, Oklahoma, a Municipal Corporation, of Oklahoma, hereinafter referred to
as CITY, Meshek & Associates, Inc., hereinafter referred to as ENGINEER;
WITNESSETH:
WHEREAS, CITY intends to analyze various drainage problems and provide drainage -
related reviews of various development projects, hereinafter referred to as the PROJECT;
and,
WHEREAS, CITY requires certain professional services in connection with the PROJECT,
hereinafter referred to as the SERVICES; and,
WHEREAS, ENGINEER, is prepared to provide such SERVICES;
WHEREAS, funding is available for the PROJECT through
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto
agree as follows:
1. SCOPE OF PROTECT. The scope of the PROJECT is described in Attachment A,
SCOPE OF PROJECT, which is attached hereto and incorporated by reference as part
of this AGREEMENT.
2. SERVICES TO BE PERFORMED BY ENGINEER. ENGINEER shall perform the
SERVICES described in Attachment B, SCOPE OF SERVICES, which is attached
hereto and incorporated by reference as part of this AGREEMENT.
3. CITY'S RESPONSIBILITIES. CITY shall be responsible for all matters described in
Attachment C, RESPONSIBILITIES OF THE CITY, which is attached hereto and
incorporated by reference as part of this AGREEMENT.
4. COMPENSATION. CITY shall pay ENGINEER in accordance with Attachment D,
COMPENSATION, and further described in Attachment E, FEE /MANHOUR
BREAKDOWN, which are attached hereto and incorporated by reference as part of
this AGREEMENT.
SCHEDULE. ENGINEER shall perform the SERVICES described in Attachment B,
SCOPE OF SERVICES, in accordance with the schedule set forth in Attachment F,
SCHEDULE, attached hereto and incorporated by reference as part of this
AGREEMENT.
6. STANDARD OF PERFORMANCE. ENGINEER shall perform the SERVICES
undertaken in a mariner consistent with the prevailing accepted standard for similar
services with respect to projects of comparable function and complexity and with
the applicable laws and regulations published and in effect at the time of
performance of the SERVICES. The PROJECT shall be designed and engineered in a
good and workmanlike manner and in strict accordance with this AGREEMENT. All
engineering work shall be performed by or under the supervision of Professional
Engineers licensed in the State of Oklahoma, and properly qualified to perform such
engineering services, which qualification shall be subject to review by CITY. Other
than the obligation of the ENGINEER to perform in accordance with the foregoing
standards, no warranty, either express or implied, shall apply to the SERVICES to be
performed by the ENGINEER pursuant to this AGREEMENT or the suitability of
ENGINEER'S work product.
7. LIMITATION OF RESPONSIBILITY.
7.1. ENGINEER shall not be responsible for construction means, methods,
techniques, sequences, procedures, or safety precautions and programs in
connection with the PROJECT.
7.2. The presence of ENGINEER's personnel at a construction site is for the
purpose of providing to the CITY a greater degree of confidence that the
completed construction work will conform generally to the construction
documents and that the integrity of the design concept as reflected in the
construction documents has been implemented and preserved by the
construction contractor(s).
7.3. In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observations,
exploration, and investigations have been made. Because of the inherent
uncertainties in subsurface evaluations, changed or unanticipated
underground conditions may occur that could affect total PROJECT cost
and /or execution. These conditions and cost /execution effects are not the
responsibility of ENGINEER.
7.4. Record drawings will be prepared, in part, on the basis of information
compiled and furnished by others, and may not always represent the exact
location, type of various components, or exact manner in which the
PROJECT was finally constructed. ENGINEER is not responsible for any
errors or omissions in the information from others that is incorporated into
the record drawings.
7.5. ENGINEER's deliverables, including record drawings, are limited to the
sealed and signed hard copies. Computer - generated drawing files furnished
by ENGINEER are for CITY or others' convenience. Any conclusions or
information derived or obtained from these files will be at user's sole risk.
8. OPINIONS OF COST AND SCHEDULE.
8.1. Since ENGINEER has no control over the cost of labor, materials, equipment,
or services furnished by others, or over contractors', subcontractors', or
vendors' methods of determining prices, or over competitive bidding or
market conditions, ENGINEER'S cost estimates shall be made on the basis of
qualifications and experience as a Professional Engineer.
8.2. Since ENGINEER has no control over the resources provided by others to
meet construction contract schedules, ENGINEER'S forecast schedules shall
be made on the basis of qualifications and experience as a Professional
Engineer.
9. LIABILITY AND INDEMNIFICATION.
9.1. ENGINEER shall defend and indemnify CITY from and against legal liability
for damages arising out of the performance of the SERVICES for CITY,
including but not limited to any claims, costs, attorney fees, or other
expenses of whatever nature where such liability is caused by the negligent
act, error, or omission of ENGINEER, or any person or organization for
whom ENGINEER is legally liable. Nothing in this paragraph shall make the
ENGINEER liable for any damages caused by the CITY or any other
contractor or consultant of the CITY.
9.2. ENGINEER shall not be liable to CITY for any special, indirect or
consequential damages, such as, but not limited to, loss of revenue, or loss of
anticipated profits.
10. CONTRACTOR INDEMNIFICATION AND CLAIMS.
10.1. CITY agrees to include in all construction contracts the provisions of Articles
7.1, and 7.2, and provisions providing contractor indemnification of CITY
and ENGINEER for contractor's negligence.
10.2. CITY shall require construction contractor(s) to name CITY and ENGINEER
as additional insureds on the contractor's general liability insurance policy.
11. COMPLIANCE WITH LAWS. In performance of the SERVICES, ENGINEER shall
comply with applicable regulatory requirements including federal, state, and local
laws, rules, regulations, orders, codes, criteria and standards. ENGINEER shall
procure the permits, certificates, and licenses necessary to allow ENGINEER to
perform the SERVICES. ENGINEER shall not be responsible for procuring permits,
certificates, and licenses required for any construction unless such responsibilities
are specifically assigned to ENGINEER in Attachment B, SCOPE OF SERVICES.
12. INSURANCE.
12.1. During the performance of the SERVICES under this AGREEMENT,
ENGINEER shall maintain the following insurance:
12.1.1. General Liability Insurance with bodily injury limits of not less than
$1,000,000 for each occurrence and not less than $1,000,000 in the aggregate,
and with property damage limits of not less than $100,000 for each
occurrence and not less than $100,000 in the aggregate.
12.1.2. Automobile Liability Insurance with bodily injury limits of not less
than $1,000,000 for each person and not less than $1,000,000 for each accident
and with property damage limits of not less than $100,000 for each accident.
12.1.3. Worker's Compensation Insurance in accordance with statutory
requirements and Employers' Liability Insurance with limits of not less than
$100,000 for each occurrence.
12.1.4. Errors and Omissions Insurance to remain in effect during the
PROJECT and the term of any legal liability. Errors and Omissions coverage
to be for a minimum of $1,000,000, deductibles subject to approval.
12.2. ENGINEER shall furnish CITY certificates of insurance which shall include a
provision that such insurance shall not be canceled without at least 30 days
written notice to the CITY.
13. OWNERSHIP AND REUSE OF DOCUMENTS.
13.1. All documents, including original drawings, estimates, specifications, field
notes and data shall become and remain the property of the CITY.
13.2. CITY'S reuse of such documents without written verification or adaptation
by ENGINEER for the specific purpose intended shall be at CITY'S risk.
14. TERMINATION OF AGREEMENT.
14.1. The obligation to continue SERVICES under this AGREEMENT may be
terminated by either party upon fifteen days written notice in the event of
substantial failure by the other party to perform in accordance with the terms
hereof through no fault of the terminating party.
14.2. CITY shall have the right to terminate this AGREEMENT, or suspend
performance thereof, for CITY'S convenience upon written notice to
ENGINEER; and ENGINEER shall terminate or suspend performance of
SERVICES on a schedule acceptable to CITY. In the event of termination or
suspension for CITY'S convenience, CITY shall pay ENGINEER for all
SERVICES performed to the date of termination in accordance with
provisions of Attachment D, COMPENSATION. Upon restart of a suspended
project, ENGINEER's contract price and schedule shall be equitably adjusted.
15. NOTICE.
Any notice, demand, or request required by or made pursuant to this AGREEMENT
shall be deemed properly made if personally delivered in writing or deposited in the
United States mail, postage prepaid, to the address specified below.
To ENGINEER: Meshek & Associates, Inc.
P.O. Box 636
20 West 2nd Street, Suite 200
Sand Springs, OK 74063
Attention: Janet K. Meshek, PE, CFM
To CITY: CITY OF OWASSO, OKLAHOMA
P.O. Box 180
Owasso, Oklahoma 74055
Attention: Ana Stagg, PE
15.1. Nothing contained in this Article shall be construed to restrict the
transmission of routine communications between representatives of
ENGINEER and CITY.
16. UNCONTROLLABLE FORCES. Neither CITY nor ENGINEER shall be considered to
be in default of this AGREEMENT if delays in or failure of performance shall be due
to forces which are beyond the control of the parties; including, but not limited to:
fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage; inability to procure permits, licenses, or authorizations from any state,
local, or federal agency or person for any of the supplies, materials, accesses, or
services required to be provided by either CITY or ENGINEER under this
AGREEMENT; strikes, work slowdowns or other labor disturbances, and judicial
restraint.
17. SEVERABILITY. If any portion of this AGREEMENT shall be construed by a court
of competent jurisdiction as unenforceable, such portion shall be severed herefrom,
and the balance of this AGREEMENT shall remain in full force and effect.
18. INTEGRATION AND MODIFICATION. This AGREEMENT includes Attachments
A, B, C, D, E, and F, and represents the entire and integrated AGREEMENT between
the parties; and supersedes all prior negotiations, representations, or agreements
pertaining to the SCOPE OF SERVICES herein, either written or oral. CITY may
make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an
amendment to this AGREEMENT. This AGREEMENT may be amended only by
written instrument signed by each of the Parties.
19. DISPUTE RESOLUTION PROCEDURE. In the event of a dispute between the
ENGINEER and the CITY over the interpretation or application of the terms of this
AGREEMENT, the matter shall be referred to the City's Director of Public Works for
resolution. If the Director of Public Works is unable to resolve the dispute, the
matter may, in the Director's discretion, be referred to the City Manager for
resolution. Regardless of these procedures, neither party shall be precluded from
exercising any rights, privileges or opportunities permitted by law to resolve any
dispute.
20. ASSIGNMENT. ENGINEER shall not assign its obligations undertaken pursuant to
this AGREEMENT, provided that nothing contained in this paragraph shall prevent
ENGINEER from employing such independent consultants, associates, and
subcontractors as ENGINEER may deem appropriate to assist ENGINEER in the
performance of the SERVICES hereunder.
21. APPROVAL. It is understood and agreed that all work performed under this
AGREEMENT shall be subject to inspection and approval by the Public Works
Department of the City of Owasso, and any plans or specifications not meeting the
terms set forth in this AGREEMENT will be replaced or corrected at the sole expense
of the ENGINEER. The ENGINEER will meet with the City staff initially and
monthly thereafter and will be available for public meetings and/or City of Owasso
presentations.
22. KEY PERSONNEL. In performance of the SERVICES hereunder, ENGINEER has
designated Janet K. Meshek as Project Manager for the PROJECT. ENGINEER
agrees that no change will be made in the assignment of this position without prior
approval of CITY.
IN WITNESS WHEREOF, the parties have executed this AGREEMENT in multiple copies
on the respective dates herein below reflected to be effective on the date executed by the
Mayor of the City of Owasso.
APPROVED:
Meshek & Associates, Inc.
Janet eshek, PE, CFM
�7
Date Lo
CITY OF OWASSO, OKLAHOMA
City Clerk Mayor
Date
APPROVED AS TO FORM:
On'l��t/lc�
Cit Attorney
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analysis
Scope of Project
Attachment A
SCOPE OF PROTECT. The PROJECT shall consist of the general engineering services,
review and approval of Hydrology and Hydraulic reports as related to the City of Owasso
Master Drainage Plan.
AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT A.DOC A -1
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analysis
Scope of Services
Attachment B
The services to be performed by the ENGINEER, Meshek & Associates, Inc., under this
AGREEMENT will consist of miscellaneous engineering review of development projects as
directed by the City, as well as analysis and conceptual design of drainage improvements as
directed individually by the City by work order. Further, it is understood and agreed that
the date of beginning, rate of progress, and the time of completion of the work to be done
hereunder are essential provisions of this AGREEMENT; and it is further understood and
agreed that the work embraced in this AGREEMENT shall commence upon execution of
this AGREEMENT and receipt of Notice to Proceed. It is further understood that all reviews
and conceptual designs will be prepared in accordance with the City of Owasso design
criteria and specifications for construction.
B.1. Basic Services of ENGINEER. The basic services of the ENGINEER shall
include, but are not limited to the following tasks:
B.1.a) Provide miscellaneous drainage engineering review of development projects
as directed by the City. The work will include:
B.1.a) 1. General review of engineering plans for compliance with City
criteria and policies.
B.1.a) 2. Inclusion of proposed developments or other ongoing projects
in the applicable HEC -HMS and HEC -RAS model of the
watersheds in the City of Owasso.
B.1.b) Provide analysis and conceptual design of drainage improvements, as
directed individually by the City. The work will generally include the
following elements:
B.1.b) 1. Preparation of detailed hydrologic and hydraulic models of
the localized areas.
B.1.b) 2. Preparation of conceptual plans to deal with the flooding
problems.
B. Lb) 3. Prepare conceptual level cost estimates for budget purposes.
B.1.b) 4. Preparation of a letter report documenting findings.
AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT B.DOC B -1
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analysis
Responsibilities of the City
Attachment C
RESPONSIBILITIES OF THE CITY. The CITY agrees:
C.1 Reports, Records, etc. To furnish, as required by the work, and not at expense to the
ENGINEER:
C.1.1 Records, reports, studies, plans, drawings, and other data available in the
files of the CITY that may be useful in the work involved under this
AGREEMENT.
C.1.2 Standard construction drawings and standard specifications.
C.1.3 ENGINEER will reasonably rely upon the accuracy, timeliness, and
completeness of the information provided by CITY.
C.2 Access. To provide access to public and private property when required in
performance of ENGINEER's services.
C.3 Staff Assistance. Designate in writing a person to act as its representative in respect
to the work to be performed under this AGREEMENT, and such person shall have
complete authority to transmit instructions, receive information, interpret and
define CITY'S policies and decisions with respect to materials, equipment, elements
and systems pertinent to the services covered by this AGREEMENT.
C.3.1 Furnish staff assistance in locating, both horizontally and vertically, existing
CITY owned utilities and in expediting their relocation as described in
Attachment B. Further, CITY will furnish assistance as required in obtaining
locations of other utilities, including "potholing ".
C.3.2 Furnish legal assistance as required in the preparation of bidding,
construction and other supporting documents.
C_4 Review. Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by ENGINEER and render in writing
decisions pertaining thereto within a reasonable time so as not to delay the services
of ENGINEER.
AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT C.DOC C -1
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analysis
Compensation
Attachment D
COMPENSATION.The CITY agrees to pay, as compensation for services set forth
in Attachment B, the following fees, payable monthly as each Phase of the work
progresses; and within 30 calendar days of receipt of invoice. ENGINEER shall
submit monthly invoices based upon actual hours or work, invoiced according the
Rate Schedule provided in ATTACHMENT E, completed at the time of billing.
Invoices shall be accompanied by such documentation as the CITY may require in
substantiation of the amount billed.
D.1 Total Compensation.
D.1.1 For the work under this project, Attachment B, the total maximum
billing including direct costs and subconsultant services shall be
Ninety- Thousand Dollars and No Cents ($90,000 which amount shall
not be exceeded without further written authorization by the CITY.
D.2 Subconsultants and Other Professional Associates. Services of
subcontractors and other professional consultants shall be
compensated for at actual cost.
D.3 Other Direct Costs.
D.3.1 Travel and subsistence shall be compensated for at actual cost. Local
travel by personal or firm automobile shall be compensated for at $.485
per mile.
D.3.2 Printing expenses shall be compensated for as shown in
ATTACHMENT E.3.
D.3.3 Any other direct costs shall be compensated for at actual cost.
D.4 Additional Services. Unless otherwise provided for in any accepted
and authorized proposal for additional services, such services shall be
compensated for on the same basis as provided for in D.2 and D3.
AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D D -1
D.5 Terminated Services. If this AGREEMENT is terminated,
ENGINEER shall be paid for services performed to the effective date of
termination as follows:
D.5.1 For hourly services as presented in D.2.
D.6 Conditions of Pam.
D.6.1 Progress payments shall be made in proportion to services rendered
and expenses incurred as indicated within this AGREEMENT and shall
be due and owing within thirty days of ENGINEER'S submittal of his
progress payment invoices.
D.6.2 If CITY fails to make payments due ENGINEER within sixty days of
the submittal of any progress payment invoice, ENGINEER may, after
giving fifteen days written notice to CITY, suspend services under this
AGREEMENT.
D.6.3 If the PROJECT is delayed, or if ENGINEER'S services for the
PROJECT are delayed or suspended for more than ninety days for
reasons beyond ENGINEER'S control, ENGINEER may, after giving
fifteen days written notice to CITY, request renegotiation of
compensation.
AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT D D -2
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analysis
Billing Rate Sheet
Attachment E
Hourly Rates For: Meshek & Associates, Inc. Amount ($ /hour):
E.1 Allowance for Office Work:
Labor billing will be computed as the actual hourly salary rate times a multiplier of
2.541. The multiplier consists of:
Salary 1.000
Overhead 1.420
Subtotal 2.420
5 %Profit 0.121
Total Multiplier 2.542
E.2 Travel Expense:
Total mileage traveled for field and office visits x $0.485 /mile
E.3 Reproduction costs:
E.3.1 In -house reproduction
Copies $ 0.20 /each
Prints $ 2.00 /each
11 x 17 Color Prints $ 3.50 /each
Black and White Plots $18.00 /each
Color Plots $28.00 /each
E.3.2 Outside reproduction
At Cost
E.4 Miscellaneous expenses and fees:
At Cost
AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT E.DOC E -1
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analysis
Personnel Billing Rate Sheet
Exhibit E
The following hourly rates will be used Meshek & Associates, Inc. employees on work on
this project. The rates are based on current salary levels and will be revised as necessary
during this calendar year for employee salary adjustments and new employees. The rates
are based on actual salary times a multiplier of 2.542.
Janet Meshek
Principal Engineer, PE
$103.88
William Tom Meshek
Principal Engineer, PE,LS
$103.88
Dale Reynolds
Project Engineer, PE
$85.55
Brandon Claborn
Project Engineer, PE
$85.55
Chris Duncan
Project Engineer, PE
$85.55
Jack Goble
Project Engineer, El
$65.81
Preetha Veerara haven
Project Engineer, El
$61.11
Ben Fletcher
Engineering Technician
$65.81
Chris Hill
GIS Specialist
$70.27
Jim Leach
GIS Specialist
$85.55
Michael Couch
GIS Technician
$55.00
Mike Allen
CADD Technician
$59.27
Bobby Kemp
Construction Inspector
$51.94
Darlene Daugherty
Administrative Assistant
$40.67
Rachel Walker
Engineering Technician
$29.23
EXHIBIT E -1.DOC E -1
Agreement for Engineering Services for the
City of Owasso, Oklahoma
Miscellaneous Drainage Engineering Reviews and Analysis
Schedule
Attachment F
F. SCHEDULE. The schedule for general engineering services for the fiscal year 2007-
2008 project is provided as follows:
F.1. Assuming a Notice to Proceed of July 17, 2007, contract will expire on July 31, 2008.
F.2. Assuming a two -week review period by the ENGINEER.
AGREEMENT FOR ENGINEERING SERVICES ATTACHMENT F - SCHEDULE.DOC F -1
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: JULIE TROUT LOMBARDI
CITY ATTORNEY
SUBJECT: ORDINANCES REGARDING PREVENTION OF YOUTH ACCESS TO
TOBACCO AND SMOKING IN IDENTIFIED PUBLIC PLACES
DATE: July 17, 2007
BACKGROUND
Employees of the Tulsa County Health Department met with Staff several weeks ago to provide
information regarding various initiatives that have been launched to address both the health risks
caused by exposure to secondhand smoke and a nationwide increase in the number of juveniles
who are not only smoking but doing so at increasingly younger ages. The Health Department
personnel, who have all been appointed to an anti- smoking task force named "Match Project,"
provided Staff with materials detailing legislative measures which have been taken by states,
including Oklahoma, and by various municipalities, both inside and outside of Oklahoma to
combat these problems. Specifically, the task force presented information regarding two
legislative courses of action that these governmental entities have employed. The first measure
is intended to decrease, and ultimately prevent, smoking by underage juveniles through the
limitation of their exposure and access to tobacco products. The second measure is targeted at
reducing and preventing exposure to secondhand smoke in the workplace and other indoor public
locations.
Both the issue of preventing youth access to tobacco and prohibiting smoking indoors in public
places have been addressed by the Oklahoma Legislature and State statutes have been enacted
which are aimed at providing protection for the public from these serious and often fatal health
risks. The prototype ordinances provided to Staff by the task force are largely identical to the
State statutes adopted by the Oklahoma Legislature. Even though these issues have already been
targeted for resolution by passage of remedial legislation on the State level, the task force is
urging all municipalities to likewise adopt supporting local ordinances. By doing so, cities and
towns will increase the State law's efficiency and effectiveness in a number of ways. First, if an
arrest is made under the State law, the offender must be transported to the county jail, thereby
consuming more of the police officer's time and the City's expense for the booking process.
Unfortunately, given that both money and manpower are in short supply in the majority of
district attorney's offices, the offense very well may ultimately be dismissed and the offender not
prosecuted. Enforcement of this municipal ordinance, as drafted, would allow police officers to
issue citations for violations of these laws rather than arrest the offender. Preliminary national
statistics indicate that police officers are much more likely to enforce this law if the option of
issuing a citation rather than making an arrest is available. For these reasons, a number of
municipalities in Oklahoma, including Edmond, Oklahoma City, Tulsa, Bixby, Stillwater, Enid,
Norman, Lawton, Shawnee and others have adopted local ordinances which are identical or quite
similar to State law.
It is important to recognize that the ordinances proposed for enactment by the City Council are
laws that are currently State statutes. The proposed ordinances are in no way more restrictive
than the State law. In fact, municipalities are not allowed by law to adopt local ordinances which
are more restrictive or require more than the equivalent State law. The ordinances proposed for
adoption by the Council are virtually the same as the State laws which may already be enforced
by the City's Police Department. Nothing within these ordinances creates "new" law or
prohibits any activity that State law does not already prohibit. Adoption of these local
ordinances only enhances enforcement of the tobacco laws which are already on the books.
Enactment of a local ordinance which buttresses State law by preventing indoor smoking in
public places and workplaces, and prohibiting juvenile access to tobacco products sends a clear
message to the community that the City is fully supportive of the State statutes and intends to
rigorously enforce those laws. Only with support and commitment of this type on the local level
can these laws by made fully effective and their intended goals accomplished.
DISCUSSION OF ORDINANCES
A. Chapter 9, Part 10, Sections 10 -901 through 10 -911 entitled "Smoking and Tobacco"
This collective ordinance, number 897, adds an additional chapter entitled "Smoking and
Tobacco" comprised of eleven individual (11) ordinances to Part 10, "Offenses and Crimes," of
the City of Owasso Code of Ordinances. Each individual ordinance contained in this chapter is
designed to strengthen the City's ability to prohibit juveniles from accessing and using tobacco
products and to penalize adults who sell or provide tobacco products to juveniles. This chapter
does this in a number of ways by:
1. Making it unlawful for an adult to furnish, give or sell tobacco products to a minor;
2. Providing an escalating schedule of punishment for offenders, beginning with fines
and ultimately resulting in suspension of their business license to sell tobacco
products if the offender is a business;
3. Making it unlawful for a minor to purchase, accept or receive tobacco products in any
manner enforced by an escalating schedule of punishment from fines to suspension of
the offending juvenile's driver's license;
4. Requiring businesses selling tobacco products to conspicuously post signs stating that
the business does not sell tobacco products to underage individuals;
5. Requiring education regarding the unlawfulness of making tobacco sales to minors to
be provided to every retail store employee engaged in the sale of tobacco products;
6. Limiting juvenile access to vending machines containing tobacco products;
7. Prohibiting distribution of tobacco product samples to juveniles;
8. Prohibiting the sale of cigarettes in packaging other than the original, sealed packages
in which they were placed by the manufacturer;
0)
9. Preventing public access to tobacco products in a retail store in any manner that
allows direct access to the product by the customer without assistance from a store
employee, and,
10. Making it unlawful to provide any device or material used in the smoking or chewing
of tobacco products to a minor.
Enactment of this chapter provides much more comprehensive enforcement of all aspects of the
laws seeking to prevent and penalize access to tobacco products by juveniles. The City's
previous ordinance addressing this issue, Section 10 -419, afforded significantly less ability to the
City's Police Department and Municipal Court to enforce the law and reach the targeted goal of
reducing the number of minors using tobacco products. To avoid duplication in the law, Section
10 -419 is repealed by this comprehensive ordinance.
B. Section 10 -912 entitled "Smoking in Certain Public Places Prohibited"
This ordinance, number 898, seeks to reduce the public's exposure to secondhand smoke and
thereby reduce the attendant health risks associated with secondhand smoke. To achieve that
goal, the ordinance prohibits smoking in any indoor place that is open to or used by the public,
public transportation and any indoor workplace, with certain narrow exemptions enumerated
within the body of the ordinance. This ordinance, with slight variations, has been enacted by a
number of State legislatures and municipal bodies throughout the country, and has successfully
withstood all legal challenges to date.
RECOMMENDATION
The staff recommends City Council approval of the attached ordinances.
ATTACHMENTS
1. Proposed ordinance no. 897 enacting Chapter 9, Part 10, Sections 10 -901 through 10-
911 entitled "Smoking and Tobacco"
2. Proposed ordinance no. 898 enacting Section 10 -912 entitled "Smoking in Certain
Public Places Prohibited"
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 897
AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 9,
SMOKING AND TOBACCO, OF THE CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, AMENDING SAME BY REPEALING SECTION 10 -419 AND
CREATING CHAPTER 9 ENTITLED "SMOKING AND TOBACCO" AND
ESTABLISHING WHAT CONDUCT IS UNLAWFUL AND THE PENALTIES THAT MAY
BE IMPOSED.
THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF
ORDINANCES BY REPEALING CHAPTER 4, SECTION 10 -419, AND BY CREATING
CHAPTER 9 OF PART 10, SECTIONS 10 -901 THROUGH 10 -911.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 9, of the Code of Ordinances of the
City of Owasso, Oklahoma, shall be amended by providing and codifying as follows:
SECTION TWO (2):
SECTION 10 -901 TOBACCO TO MINORS- DEFINITIONS
As used in this section:
1. "Person" means any individual, firm, fiduciary, partnership, corporation, trust, or
association, however formed;
2. 'Proof of age" means a driver license, license for identification only, or other generally
accepted means of identification that describes the individual as eighteen (18) years of age or older
and contains a photograph or other likeness of the individual and appears on its face to be valid;
3. "Sample" means a tobacco product distributed to members of the public at no cost for the
purpose of promoting the product;
4. "Sampling" means the distribution of samples to members of the public in a public place;
5. "Tobacco product" means any product that contains tobacco and is intended for human
consumption;
6. "Transaction scan" means the process by which a seller checks, by means of a transaction
scan device, the validity of a driver license or other government- issued photo identification; and
7. "Transaction scan device" means any commercial device or combination of devices used at
a point of sale or entry that is capable of deciphering in an electronically readable format the
information encoded on the magnetic strip or bar code of a driver license or other government- issued
photo identification.
SECTION THREE (3):
SECTION 10 -902 FURNISHING, GIVING OR SALE OF TOBACCO PRODUCTS TO
MINORS
A. It is unlawful for any person to sell, give or furnish in any manner any tobacco product to
another person who is under eighteen (18) years of age, or to purchase in any manner a tobacco
product on behalf of any such person. Provided, however, that it shall not be unlawful for an
employee under eighteen (18) years of age to handle tobacco products when required in the
performance of the employee's duties.
B. A person engaged in the sale or distribution of tobacco products shall demand proof of age
from a prospective purchaser or recipient if an ordinary person would conclude on the basis of
appearance that the prospective purchaser might be less than eighteen (18) years of age.
If an individual engaged in the sale or distribution of tobacco products has demanded proof
of age from a prospective purchaser or recipient who is not less than eighteen (18) years of age, the
failure to subsequently require proof of age shall not constitute a violation of subsection B of this
section.
1. When a person violates subsection A or B of this section, he or she shall be guilty of an
offense and, upon conviction, shall be punished by a fine as follows:
a. Not more than One Hundred Dollars ($100.00) for the first offense,
b. Not more than Two Hundred Dollars ($200.00) for the second offense within a
two -year period following the first offense,
C. Not more than Three Hundred Dollars ($300.00) for a third offense within a
two -year period following the first offense. In addition to any other penalty,
the store's license to sell tobacco products may be suspended for a period not
exceeding thirty (30) days, or
d. Not more than Three Hundred Dollars ($300.00) for a fourth or subsequent
offense within a two -year period following the first offense. In addition to any
other penalty, the store's license to sell tobacco products may be suspended for
a period not exceeding sixty (60) days.
2. Pursuant to State law, when it has been determined by a municipal court that a penalty shall
include a license suspension, the ABLE Commission will notify the Oklahoma Tax Commission,
and the Tax Commission will suspend the store's license to sell tobacco products at the location
where the offense occurred for the period of time prescribed by the ABLE Commission.
3. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age
shall be a defense to any action brought pursuant to this section. A person cited for violating this
section shall be deemed to have reasonably relied upon proof of age, and such person shall not be
found guilty of such violation, if such person proves that:
a. The individual who purchased or received the tobacco product presented a
driver license or other government- issued photo identification purporting to
establish that such individual was eighteen (18) years of age or older, and
b. The person cited for the violation confirmed the validity of the driver license or
other government- issued photo identification presented by such individual by
performing a transaction scan by means of a transaction scan device.
Provided, that this defense shall not relieve from liability any person cited for a violation of
this section if such person failed to exercise reasonable diligence to determine whether the physical
description and picture appearing on the driver license or other government- issued photo
identification was that of the individual who presented it. The availability of the defense described
in this subsection does not affect the availability of any other defense under any other provision of
law.
D. If the sale is made by an employee of the owner of a store at which tobacco products are
sold at retail, the employee shall be guilty of the violation and shall be subject to the fine. Each
violation by any employee of an owner of a store licensed to sell tobacco products shall be deemed a
violation against the owner for purposes of a license suspension pursuant to subsection C of this
section. An owner of a store licensed to sell tobacco products shall not be deemed in violation of
this section for any acts constituting a violation by any person, when the violation occurs prior to
actual employment of the person by the store owner or the violation occurs at a location other than
the owner's retail store. For purposes of determining the liability of a person controlling franchises
or business operations in multiple locations, for any violations of subsection A or B of this section,
each individual franchise or business location shall be deemed a separate entity.
E. 1. Upon failure of the employee to pay the fine within ninety (90) days of the day of the
assessment of such fine, the Municipal Court clerk shall notify the Department of Public Safety and
the Department will, pursuant to State law, suspend or not issue a driver's license to the employee
until proof of payment has been furnished to the Department of Public Safety.
2. Upon failure of a storeowner to pay the administrative fine within ninety (90) days of
the assessment of the fine, the clerk of the municipal court shall notify the Oklahoma Tax
Commission and the Tax Commission shall suspend the store's license to sell tobacco products until
proof of payment has been furnished to the Oklahoma Tax Commission.
SECTION FOUR (4):
SECTION 10 -903 RECEIPT OF TOBACCO PRODUCTS BY A MINOR
3
A. It is unlawful for a person who is less than eighteen (18) years of age to purchase, receive or
accept receipt of, or have in their possession, a tobacco product, or to present or offer to any person
any purported proof of age which is false or fraudulent, or not actually his or her own, for the
purpose of purchasing or receiving any tobacco product. Provided, however, it shall not be unlawful
for an employee who is less than eighteen (18) years of age to handle such tobacco products when
required in the performance of such person's the employee's duties.
B. When a person violates subsection A of this section he or she shall be guilty of an offense
and, upon conviction, shall be punished by a fine of:
1. Not to exceed One Hundred Dollars ($100.00) for a first offense; and
2. Not to exceed Two Hundred Dollars ($200.00) for a second or subsequent offense within a
one -year period following the first offense.
Upon failure of the individual to pay the fine within ninety (90) days of the day of the fine, the
Municipal Court clerk shall notify the Department of Public Safety and, by operation of State law,
the Department shall suspend or not issue a driver license to the individual until proof of payment
has been furnished to the Department of Public Safety.
SECTION FIVE (5):
SECTION 10 -904 PROPER SIGNAGE REQUIRED
A. Every person who sells or displays tobacco products at retail shall post conspicuously and
keep so posted at the place of business a sign, as specified by the Alcoholic Beverage Laws
Enforcement (ABLE) Commission, stating the following: "IT'S THE LAW. WE DO NOT SELL
TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE ". The sign shall also
provide the toll -free number operated by the Alcoholic Beverage Laws Enforcement (ABLE)
Commission for the purpose of reporting violations of the Prevention of Youth Access to Tobacco
Act.
B. When a person violates subsection A of this section he or she shall be guilty of an offense
and upon conviction shall be punished by a fine of not more than Fifty Dollars ($50.00) for each day
a violation occurs. Each day a violation is continuing shall constitute a separate offense. The notice
required by subsection A of this section shall be the only notice required to be posted or maintained
in any store that sells tobacco products at retail.
SECTION SIX (6):
SECTION 10 -905 NOTICE TO RETAIL EMPLOYEES
A. Every person engaged in the business of selling tobacco products at retail store shall notify
each individual employed by that person as a retail sales clerk that state and local law:
1. Prohibits the sale or distribution of tobacco products to any person under eighteen (18)
years of age and the purchase or receipt of tobacco products by any person under eighteen (18) years
of age; and
2. Requires that proof of age be demanded from a prospective purchaser or recipient if an
ordinary person would conclude on the basis of appearance that the prospective purchaser or
recipient may be less than eighteen (18) years of age.
B. This notice shall be provided before the individual commences work as a retail sales clerk.
The individual shall signify that he or she has received the requisite notice by reading and signing a
notice stating the following:
"I understand that state law prohibits the sale or distribution of tobacco products to persons less than
eighteen (18) years of age and out -of- package sales, and requires proof of age of purchaser or
recipient if an ordinary person would conclude on the basis of appearance that the prospective
purchaser or recipient may be under eighteen (18) years of age. I promise, as a condition of my
employment, to obey the law. I understand that violations by me may be punishable by fines,
suspension or non - issuance of my driver license. In addition, I understand that violations by me may
subject the storeowner to fines or license suspension."
SECTION SEVEN (7):
SECTION 10 -906
LIMITED ACCESS TO VENDING MACHINES
It shall be unlawful for any person to sell tobacco products through a vending machine unless
the vending machine is located:
1. In areas of factories, businesses, offices or other places that are not open to the public; and
2. In places that are open to the public, but to which persons under eighteen (18) years of age
are not admitted.
SECTION EIGHT (8):
SECTION 10 -907 DISTRIBUTION OF TOBACCO PRODUCT SAMPLES
A. It shall be unlawful for any person or retailer to distribute tobacco products or product
samples to any person under eighteen (18) years of age.
B. No person shall distribute tobacco products or product samples in or on any public street,
sidewalk, or park that is within three hundred (3 00) feet of any playground, school, or other facility
when the facility is being used primarily by persons under eighteen (18) years of age.
C. When a person violates any provision of subsection A or B of this section, he or she shall
be guilty of an offense and, upon conviction, shall be punished by a fine of:
1. Not more than One Hundred Dollars ($100.00) for the first offense;
2. Not more than Two Hundred Dollars ($200.00) for the second offense; and
3. Not more than Three Hundred Dollars ($300.00) for a third or subsequent offense.
D. Upon failure of any individual to pay an administrative fine within ninety (90) days of the
assessment of such fine, the Municipal Court clerk shall notify the Department of Public Safety, and
the Department, pursuant to State law, shall suspend or not issue a driver's license to the individual
until proof of payment has been furnished to the Department of Public Safety.
SECTION NINE (9):
SECTION 10 -908 SALE OF TOBACCO PRODUCTS EXCEPT IN ORIGINAL
SEALED PACKAGE
A. It is unlawful for any person to sell cigarettes except in the original, sealed package in
which they were placed by the manufacturer.
B. When a person violates subsection A of this section, the Municipal Court clerk shall assess
such person an administrative fine of not more than Two Hundred Dollars ($200.00) for each
offense.
SECTION TEN (10):
SECTION 10 -909 NO PUBLIC ACCESS OF TOBACCO
A. It is unlawful for any person or retail store to display or offer for sale tobacco products in
any manner that allows public access to the tobacco product without assistance from the person
displaying the tobacco product or an employee or the owner of the store. The provisions of this
subsection shall not apply to retail stores which do not admit into the store persons under eighteen
(18) years of age.
B. When a person violates subsection A of this section he or she shall be guilty of an offense
and, upon conviction, shall be punished by a fine of not more than Two Hundred Dollars ($200.00)
for each offense.
SECTION ELEVEN (11):
SECTION 10 -910 RESTRICTIONS ON MANNER OF ENFORCEMENT
A. Any conviction for a violation of any section within this chapter and any negative results
from compliance checks performed by a police officer pursuant to subsection C of this section shall
be reported in writing to the ABLE Commission within thirty (30) days of such conviction or
compliance check. Such reports shall be compiled in the manner prescribed by the ABLE
Commission.
B. For the purpose of determining second or subsequent violations, both the offenses
penalized by the ABLE Commission as administrative fines and the offenses penalized by the
municipality and reported to the ABLE Commission shall be considered together in such
determination.
C. Persons under eighteen (18) years of age may be enlisted by the City to assist in conducting
compliance checks and enforcement; provided, such persons maybe used to test compliance only if
written parental consent has been provided and the testing is conducted under the direct supervision
of the ABLE Commission or conducted by another law enforcement agency if such agency has given
written notice to the ABLE Commission in the manner prescribed by the ABLE Commission. This
subsection shall not apply to the use of persons under eighteen (18) years of age to test compliance if
the test is being conducted by or on behalf of a retailer of cigarettes, as defined in Section 301 of
Title 68 of the Oklahoma Statutes, at any location the retailer of cigarettes is authorized to sell
cigarettes. Use of persons under eighteen (18) years of age to test compliance shall be unlawful and
punishable by assessment of an administrative fine of One Hundred Dollars ($100.00).
SECTION TWELVE (12):
SECTION 10 -911 TRANSFER OF ANY MATERIAL OR DEVICE USED IN SMOKING,
CHEWING OR CONSUMPTION OF TOBACCO TO MINORS
PROHIBITED — ADMINISTRATIVE FINE FOR VIOLATIONS
A. It is unlawful for any person to sell, give or furnish in any manner to another person who is
under eighteen (18) years of age any material or device used in the smoking, chewing, or other
method of consumption of tobacco, including cigarette papers, pipes, holders of smoking materials
of all types, and other items designed primarily for the smoking or ingestion of tobacco products.
B. When a person violates subsection A of this section, an administrative fine of not more
than One Hundred Dollars ($100.00) for each offense may be imposed upon the person.
SECTION THIRTEEN (13): INCREASE OF FINES; FEE SCHEDULE
All fines set forth within this ordinance may be increased, to the extent allowed by state law, by
resolution. It is not necessary to amend this ordinance each time the municipality deems it timely to
increase fines and fees. A resolution may be adopted by the City Council and filed accordingly. The
Chief of Police shall maintain a current schedule of all fees allowed under this chapter in the Police
Department.
7
SECTION FOURTEEN (14): REPEAL OF SECTION 10 -419, TOBACCO TO MINORS
Section 10 -419 of the City of Owasso Code of Ordinances is hereby repealed because the
regulations, prohibitions and fines governing the purchase and use of tobacco by juveniles that are
set forth in section 10 -419 are more fully addressed in the newly created code provisions of part 10,
chapter 9. Section 10 -419 conflicts with the provisions of Chapter 9 and must be eliminated from
the Code of Ordinances upon adoption of the sections of Chapter 9.
SECTION FIFTEEN (15): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION SIXTEEN (16): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION SEVENTEEN (17): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by creating Chapter 9 entitled
"Smoking and Tobacco" to be codified in Part 10, Chapter 9, as sections 10 -901 through 10 -911.
The Code is also amended by the repeal of section 10 -419 of Part 10, Chapter 4.
SECTION EIGHTEEN (18): REPEALER
All ordinances, or parts of ordinances, in conflict with this newly created chapter are hereby repealed
to the extent of the conflict only.
PASSED by the City Council of the City of Owasso, Oklahoma on the day of
.2007.
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
8
Stephen Cataudella, Mayor
APPROVED as to form and legality this day of , 2007.
0I1'14Jai( _
Ju e Lombardi
City Attorney
CITY OF OWASSO, OKLAHOMA
ORDINANCE NO. 898
AN ORDINANCE RELATING TO PART 10, OFFENSES AND CRIMES, CHAPTER 9,
SMOKING AND TOBACCO, OF THE CODE OF ORDINANCES OF THE CITY OF
OWASSO, OKLAHOMA, AMENDING SAME BY PROHIBITING SMOKING IN CERTAIN
PUBLIC PLACES AND INDOOR WORKPLACES; PENALTIES FOR VIOLATIONS.
THIS ORDINANCE AMENDS PART 10 OF THE CITY OF THE OWASSO CODE OF
ORDINANCES BY CREATING SECTION 10 -912, SMOKING IN CERTAIN PUBLIC
PLACES PROHIBITED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,
THAT, TO -WIT:
SECTION ONE (1): Part 10, Offenses and Crimes, Chapter 9, Smoking and Tobacco, of the
Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying
as follows:
SECTION TWO (2):
SECTION 10 -912 SMOKING IN CERTAIN PUBLIC PLACES PROHIBITED
A. The possession of lighted tobacco in any form is a public nuisance and dangerous to public health
and is hereby prohibited when such possession is in any indoor place used by or open to the public,
public transportation, or any indoor workplace, except where specifically allowed by law. As used in
this section, "indoor workplace" means any indoor place of employment or employment -type service
for, or at the request of, another individual or individuals, or any public or private entity, whether
part-time or full -time and whether for compensation or not.
Such services shall include, without limitation, any service performed by an owner, employee,
independent contractor, agent, partner, proprietor, manager, officer, director, apprentice, trainee,
associate, servant, or volunteer. An indoor workplace includes work areas, employee lounges,
restrooms, conference rooms, classrooms, employee cafeterias, hallways, any other spaces used or
visited by employees, and all space between a floor and ceiling that is predominantly or totally
enclosed by walls or windows, regardless of doors, doorways, open or closed windows, stairways, or
the like. The provisions of this section shall apply to such indoor workplace at any given time,
whether or not work is being performed.
B. The restrictions provided in this section shall not apply to stand -alone bars, stand -alone taverns,
and cigar bars as defined by Oklahoma State law in 63 O.S.2001, § 1 -1522.
C. The restrictions provided in this section shall not apply to the following:
1. The room or rooms where licensed charitable bingo games are being operated, but only during the
hours of operation of such games;
2. Up to twenty -five percent (25 %) of the guest rooms at a hotel or other lodging establishment;
3. Retail tobacco stores predominantly engaged in the sale of tobacco products and accessories and in
which the sale of other products is merely incidental and in which no food or beverage is sold or
served for consumption on the premises;
4. Workplaces where only the owner or operator of the workplace, or the immediate family of the
owner or operator, performs any work in the workplace, and the workplace has only incidental public
access. "Incidental public access" means that a place of business has only an occasional person, who
is not an employee, present at the business to transact business or make a delivery. It does not
include businesses that depend on walk -in customers for any part of their business.
5. Workplaces occupied exclusively by one or more smokers, if the workplace has only incidental
public access;
6. Private offices occupied exclusively by one or more smokers;
7. Workplaces within private residences, except that smoking shall not be allowed inside any private
residence that is used as a licensed child care facility during hours of operation;
8. Medical research or treatment centers, if smoking is integral to the research or treatment;
9. A facility operated by a post or organization of past or present members of the Armed Forces of
the United States which is exempt from taxation pursuant to Section 501 (c)(8), 501 (c)(10), or 501
(c)(19) of the Internal Revenue Code, 26 U.S.C., Section 501 (c)(8), 501 (c)(10), or 501 (c)(19),
when such facility is utilized exclusively by its members and their families and for the conduct of
post or organization nonprofit operations, except during an event or activity which is open to the
public; and
10. Any outdoor seating area of a restaurant; provided, smoking shall not be allowed within fifteen
(15) feet of any exterior public doorway or any air intake of a restaurant.
D. An employer not otherwise restricted from doing so may elect to provide smoking rooms where
no work is performed except for cleaning and maintenance during the time the room is not in use for
smoking, provided each smoking room is fully enclosed and exhausted directly to the outside in such
a manner that no smoke can drift or circulate into a nonsmoking area. No exhaust from a smoking
room shall be located within fifteen (15) feet of any entrance, exit, or air intake.
E. If smoking is to be permitted in any space exempted in subsections B or C of this section or in a
smoking room pursuant to subsection D of this section, such smoking space must either occupy the
entire enclosed indoor space or, if it shares the enclosed space with any nonsmoking areas, the
smoking space shall be fully enclosed, exhausted directly to the outside with no air from the smoking
space circulated to any nonsmoking area, and under negative air pressure so that no smoke can drift
or circulate into nonsmoking area when a door to an adjacent nonsmoking area is opened. Air from
the smoking room shall not be exhausted within fifteen (15) feet of any entrance, exit, or air intake.
Any employer may choose a more restrictive smoking policy, including being totally smoke free.
F. Restaurants shall be totally nonsmoking or may provide nonsmoking areas and designated
rJ
smoking rooms. Food and beverage may be served in such designated smoking rooms, which shall
be in a location which is fully enclosed, directly exhausted to the outside, under negative air pressure
so smoke cannot escape when a door is opened, and no air is re- circulated to nonsmoking areas of
the building. No exhaust from such room shall be located within twenty -five (25) feet of any
entrance, exit, or air intake. Such room shall be subject to verification for compliance with the
provisions of this subsection by the Oklahoma State Department of Health.
G. The person who owns or operates a place where smoking or tobacco use is prohibited by law shall
be responsible for (1) posting a sign or decal, at least four (4) inches by two (2) inches in size, at
each entrance of the building indicating that the place is smoke -free or tobacco -free, and (2) asking
smokers to refrain from smoking upon observation of anyone violating the provisions of this
ordinance.
H. Responsibility for posting signs or decals shall be as follows:
1. In privately owned facilities, the owner or lessee, if lessee is in possession of the facilities, shall be
responsible;
2. In corporately owned facilities, the manager and /or supervisor of the facility involved shall be
responsible; and
3. In publicly owned facilities, the manager and /or supervisor of the facility shall be responsible.
I. Any person who knowingly violates this section is guilty of a misdemeanor, and upon conviction
thereof shall be punished by a fine of not less than TEN DOLLARS ($10.00) nor more than ONE
HUNDRED DOLLARS ($100.00), excluding costs, fees, and assessments.
SECTION THREE (3): REPEALER
All ordinances, or parts of ordinances, in conflict with this amended ordinance are hereby repealed to
the extent of the conflict only.
SECTION FOUR (4): SEVERABILITY
If any part or parts of this ordinance are deemed unconstitutional, invalid or ineffective, the
remaining portion shall not be affected but shall remain in full force and effect.
SECTION FIVE (5): DECLARING AN EFFECTIVE DATE
The provisions of this ordinance shall become effective thirty (30) days from the date of final
passage as provided by state law.
SECTION SIX (6): CODIFICATION
The City of Owasso Code of Ordinances is hereby amended by creating an ordinance in Chapter 9
entitled "Smoking and Tobacco" to be codified in Part 10, Chapter 9, as section 10 -912, "Smoking
3
in Certain Public Places Prohibited."
PASSED by the City Council of the City of Owasso, Oklahoma on the day of
52007.
Stephen Cataudella, Mayor
ATTEST:
Sherry Bishop, City Clerk
(SEAL)
APPROVED as to form and legality this day of , 2007.
Julie Lombardi
City Attorney
MEMORANDUM
TO: THE HONORABLE MAYOR AND CITY COUNCIL
CITY OF OWASSO
FROM: RODNEY J RAY
CITY MANAGER
SUBJECT: DEVELOPMENT AGREEMENT
HUNT PROPERTIES (SF SHOPS INVESTORS)
DATE: JULY 13, 2007
BACKGROUND:
For the past several months, the city staff has participated in discussions that were
initiated to determine the possibility of converting the Owasso Oklahoma Natural Gas
Facility (located on 96`h Street east of US 169) from its light industrial use as a field
maintenance facility to a commercial use that would create jobs, increase investment in
the community and produce sales tax for city operations. On June 19, the City Council
authorized negotiations to be conducted with both Hunt Properties (SF Shops Investors,
L.P.) of Dallas, TX and ONG for the purpose of developing an agreement that was based
on a development concept presented to the City Council at that meeting (and previously
presented to the Owasso Economic Development Authority).
Those negotiations have now been finalized and memorialized in an agreement (attached
for your review). Previous actions relating to this matter include: enabling decisions by
the OEDA to waive certain portions of the existing ONG lease, the execution of a
contract for the purchase of property by Hunt at the Cherokee Industrial Park for the
future home of ONG's Owasso facility, the execution of a contract for the sale of
property to Hunt properties by Betty Smith (for a parcel located adjacent to the existing
ONG site), a lease agreement between the City of Owasso and ONG for temporary
administrative offices during the construction of the new facility and the final approval of
plans for the new ONG Facility by the ONG administration.
Studies and research were required by both the City of Owasso and Hunt as due diligence
on the part of each participant. Those issues included projections for sales tax revenue,
impact of the commercial development on traffic, utilities, and detention, traffic studies,
area retail sales history, and impact on city services.
THE DEVELOPMENT AGREEMENT CONCEPT:
As previously presented to both the City Council and the OEDA, the basis for the
proposed agreement is a "payback" of a portion of the sales tax generated by the
Development Agreement
July 13, 2007
Page 2 of 3
development to the developer over time. The final payback proposal is $4,600,000 over a
period estimated to be 8 %2 years. The negotiated source of payback funds is a
combination of one cent of the sales tax from the newly developed ONG property and a
one -half cent contribution from the existing Smith Farm Market that would be effective
upon the payoff of the original $2,200,000 payback pledged to Hunt Properties.
Additionally, Hunt Properties agrees to the construction of an initial 144,000 sq feet of
retail space, including a 30,000 sq ft. bookstore, a 10,000 sq ft cosmetics sales store, and
a 7,800 sq ft out - parcel restaurant. Hunt Properties also will reconstruct the primary
entrance to the entire Smith Farm Market and must "link" the traffic signals that control
traffic into the Owasso Market and Smith Farm Market.
Under the agreed -to concept, the staff has further developed the plan and secured
approval of the parties. ONG has agreed to move its operations to Cherokee Industrial
Park. Betty Smith has agreed to the sale of 1.78 acres to Hunt. Hunt Properties has
agreed to purchase land for ONG's new facility. ONG has agreed to provide interim
"Gap" collateral for the OEDA's ONG Facility loan that will allow the loan to continue
by using the Gap Collateral until the Cherokee site is completed. The two banks involved
in the existing OEDA/ONG loan have agreed to continue ONG's loan contingent upon
the required "gap collateral" being posted and the eventual use of the Cherokee facility as
the sole collateral. Owasso 20 Properties has agreed to the sale of eleven acres for use as
a regional detention facility.
FUNDING THE AGREEMENT:
The key component to this agreement is the use of future revenue generated by the sales
taxes from the development area as a payback. The proposal is for the OPWA to pay to
Hunt Properties one cent of all of the sales taxes generated by the property. Additionally,
the proposal includes one -half of one cent of all sales tax from the Smith Farm
development area to be paid to Hunt Properties (after the original payback is completed).
The TOTAL amount to be paid to Hunt Properties is $4,600,000. There are no interest
charges on this payback and Hunt must "front" all of the cost associated with the
development. The OPWA is under no obligation to pay Hunt from any other revenues
and there is no requirement if revenues produced by the development do not meet annual
or long -term estimates.
Based on current projections the $4,600,000 would be paid off in approximately seven
and one -half to nine years.
RFVFNiTF-
The staff estimates the sales taxes generated by the development will be $900,000
annually, a ten -year collection of $9,000,000. During that time, the payback will be
$4,600,000 leaving the City with about $4,400,000 in new revenue to be applied to
Development Agreement
July 13, 2007
Page 3 of 3
operations ($1,400,000) and Capital Improvements ($3,000,000). Annually, beginning in
the next fiscal year the city should gain $600,000 in additional sales tax.
RECOMMENDATION:
The staff recommends City Council and Owasso Public Works Authority approval of the
proposed Development Agreement and authorizes the Mayor and Chair to execute the
Agreement. Additionally staff recommends City Council approval of the incurrence of
indebtedness by the OPWA as included in the Development Agreement.
Note: The OPWA is included in this agreement because the sales tax payback is made
through the OPWA. The OEDA is included in the agreement because it has ownership of
the ONG existing property and will own the Cherokee ONG Property until the ONG loan
is fully paid.
ATTACHMENT:
Proposed Development Agreement
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this "Agreement ") is made and entered
into as of the Effective Date by and among the OWASSO PUBLIC WORKS
AUTHORITY, an Oklahoma public trust (the "Authority "), the OWASSO
ECONOMIC DEVELOPMENT AUTHORITY, an Oklahoma public trust (the
"OEDA ") SF SHOPS INVESTORS, L.P., a Texas limited partnership and/or its assigns
( "SFSI "), and for the limited purposes set forth in this Agreement, the CITY OF
OWASSO, OKLAHOMA, an Oklahoma municipality ( "City "). The Authority, the
OEDA and SFSI may be referred to herein from time to time as a "Party" and together as
the 'Parties" and, unless otherwise specifically set forth in this Agreement, the term
"Party" and "Parties" shall not include the City. Capitalized terms undefined within the
context of a particular sentence shall bear the meanings given to such terms in Article I of
this Agreement.
RF.f TTAT.0
A. SFSI will acquire the Oak Tree Property, currently owned by the OEDA,
upon the satisfaction of certain conditions set forth in this Agreement and
in the Oak Tree PSA, for the development of a retail shopping center.
B. SFSI will acquire, for the benefit of the OEDA, the Cherokee Property,
upon the satisfaction and /or waiver of certain conditions set forth in the
Cherokee PSA, for the development of the ONG Facility upon the
Cherokee Property.
C. As a result of the transactions described in this Agreement, SFSI shall
become the owner of the Oak Tree Property free and clear of the existing
OneOK Lease and SFSI shall develop, or cause to be developed, a
proposed retail center that initially includes JC Penney as the anchor
tenant and an additional approximately 30,000 square feet of retail space
and at least one out - parcel on the Oak Tree Property. Additionally, SFSI
shall construct and develop, or cause be constructed and developed, the
ONG Facility on the Cherokee Property.
D. This Agreement is being entered into with the expectation that the Project
proposed to be undertaken (or being undertaken) by, or facilitated by,
SFSI, will generate substantial new sales tax revenues and other benefits
for the City.
E. Prior to the date hereof, the City and SFM entered into the Smith Farm
Marketplace Development Agreement for the development, funding and
improvements related to the Smith Farm Development.
F. Pursuant to Title 62, Chapter 9 of the Oklahoma Statutes (the "Local
Development Act "), the City is granted the authority to provide certain
1 576522 v5 (01560.00030.00 1 )
incentives and reimbursements to SFSI based on the sales tax revenue
anticipated to be created by the Project.
G. Pursuant to a separate agreement between the City and the Authority, the
City has granted all of its rights, title and interest in and to any sales tax
revenues relevant to this Agreement to the Authority.
H. The Authority has agreed to provide such incentives and reimbursements
to SFSI at a certain rate prior to the SFM Payoff Date and at a certain rate
after the SFM Payoff Date, all as more fully set forth in this Agreement.
I. The Authority has determined that investment, development and growth in
the Oak Tree Property would be difficult and that this Agreement and the
Project is necessary or convenient for such investment, development and
growth in and near the Oak Tree Property.
J. The expenditure of funds pursuant to the Project and to this Agreement,
made at the discretion of the Authority, is consistent with the goals and
resolutions of the City, the Authority and the OEDA and such expenditure
of funds, together with the Project and this Agreement, have been
approved by all necessary Parties.
NOW, THEREFORE, in consideration of their respective covenants and
conditions herein expressed, the Parties hereby agree as follows:
ARTICLE I
DEFINITIONS
Terms not otherwise defined in this Agreement shall bear the following meanings:
1.1. Best Buy Apportionment Area. The term "Best Buy Apportionment Area"
means an "apportionment area," or "increment district," as such terms are defined in the
Local Development Act, containing the same boundaries as that certain property more
particularly described on Exhibit "A -3" attached hereto and incorporated herein.
1.2. Best Buy Tax Account. The term "Best Buy Tax Account" means, at the
discretion of the City, a separate account, not commingled with the City's general or other
funds, consisting of a sum to be determined pursuant to the terms of Section 2.2 of this
Agreement.
1.3. Business Days. The term "Business Days" means the individual week
days of Monday through and including Friday, except for when any such week day is a
holiday recognized by the State of Oklahoma in which event such week day shall not be
deemed a Business Day.
1.4. Cherokee Propert y. The term "Cherokee Property" means that certain real
property consisting of approximately ten (10) acres in the Cherokee Expressway
2 576522 v5 (01 560.00030.001)
Industrial District, located in the City of Owasso, Tulsa County, Oklahoma, more
particularly described on Exhibit "A -2" attached hereto and incorporated herein.
1.5. Cherokee PSA. The term "Cherokee PSA" means that certain Contract for
Sale of Real Estate by and between Industries for Tulsa, Inc., an Oklahoma corporation
( "IFT ") and Hunt Properties, Inc., a Texas corporation ( "HPI "), dated November 14,
2006, together with any amendments or modifications thereof.
1.6. Effective Date. The term "Effective Date" means the date upon which the
last of the Parties executes this Agreement; provided, however, in the event a Party or the
City fails to enter such date below its signature, the Effective Date shall be the last of the
dates so entered.
1.7. Oak Tree Apportionment Area. The term "Oak Tree Apportionment
Area" means an "apportionment area," or "increment district," as such terms are defined
in the Local Development Act, containing the same boundaries as the Oak Tree Property.
1.8. Oak Tree Propert y. The term "Oak Tree Property" means that certain real
property located in the City of Owasso, Tulsa County, Oklahoma, more particularly
described on Exhibit "A -1" attached hereto and incorporated herein.
1.9. Oak Tree PSA. The term "Oak Tree PSA" means that certain Purchase
and Sale Agreement by and between the OEDA and SFSI dated , 2007 for the
purchase and sale of the Oak Tree Property.
1.10. Oak Tree Tax Account. The term "Oak Tree Tax Account" means a
separate account, not commingled with the City's or the Authority's general or other
accounts, consisting of the aggregate total of one cent ($0.01) of all sales tax revenue
generated from retail or other commerce from the Oak Tree Apportionment Area.
1.11. OneOK. The term "OneOK" means OneOK, Inc., a Delaware corporation.
1.12. OneOK Lease. The term "OneOK Lease" means that certain Commercial
Lease Agreement between the OEDA and OneOK dated October 29, 1996.
1.13. ONG Facility. The term "ONG Facility" means that certain facility to be
constructed by or on behalf of SFSI on the Cherokee Property for the benefit of OneOK,
its successors or assigns, pursuant to that certain Acquisition and Construction
Management Agreement dated , 2007 by and among the OEDA, SFSI and
OneOK.
1.14. Project. The term "Project" means the acquisition of the Cherokee
Property and the construction of the ONG Facility.
1.15. Reimbursement Amount. The term "Reimbursement Amount" means a
fixed sum in the amount of Four Million Six Hundred Thousand and No /100 Dollars
($4,600,000.00).
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i
1.16. SFM. The term "SFM" means collectively, Marketplace Investors
, y, p ,
Ltd., a Texas limited partnership and SF Crossing Investors, Ltd., a Texas limited
partnership.
1.17. SFM Payoff Date. The term "SFM Payoff Date" means the date upon
;which all obligations of the Authority under the Smith Farm Marketplace Agreement
have been paid and satisfied.
1.18. Smith Farm Marketplace Agreement. The term "Smith Farm Marketplace
;Agreement" means that certain Development Agreement dated October _, 2004 by and
iamong the Authority and SFM.
1.19. Smith Farm Development. The term "Smith Farm Development" means
that certain project and those certain mutual agreements and covenants set forth in the
!Smith Farm Marketplace Agreement, as more specifically described therein.
1.20. Smith Farm Marketplace Apportionment Area. The term "Smith Farm
)lace Apportionment Area" means an "apportionment area," or "increment
" as such terms are defined in the Local Development Act, containing the same
ries as the "Property" as such term is defined in the Smith Farm Marketplace
1.21. Smith Farm Marketplace Tax Account. The term "Smith Farm
Marketplace Tax Account" means a separate account, not commingled with the City's or
the Authority's general or other accounts, consisting of the aggregate total of one -half of
�ne cent ($0.005) of all sales tax revenue generated from retail or other commerce from
!the Smith Farm Marketplace Apportionment Area.
ARTICLE II
j ESTABLISHMENT OF APPORTIONMENT AREAS
i
2.1. Establishment of Oak Tree Apportionment Area. The Authority, acting by
,and through its powers pursuant to the Local Development Act, hereby establishes the
.Oak Tree Apportionment Area for the purposes of administering the Oak Tree Tax
Account in accordance with the terms of this Agreement.
2.2. Establishment of Best Buy Apportionment Area. The Authority, acting by
Land through its powers pursuant to the Local Development Act, will consider establishing
he Best Buy Apportionment Area in Fiscal Year 2008 -2009 for the purposes of creating
6 Best Buy Tax Account in accordance with the terms of this Agreement. Nothing within
,the terms of this Agreement currently permits or compels any sales tax generated by Best
;Buy to be included in the remittance amount paid to SFSI.
ARTICLE III
TERMINATION OF ONEOK LEASE;
TITLE AND DEEDS
4 576522 v5 (01560.00030.001)
3.1. Termination of OneOK Lease. The OneOK Lease shall be terminated and
of no further force and effect as of the closing pursuant to the Oak Tree PSA, without any
further action by SFSI, OneOK and/or the OEDA. As of the date of closing under the
Oak Tree PSA, the Parties agree that SFSI shall be automatically granted the right, power
and authority, without the need for any further action by any of the Parties, to use, own,
develop, demolish and /or destroy any and all buildings, improvements and appurtenances
located on the Oak Tree Property at its sole and absolute discretion.
3.2. Title to Oak Tree Propert y. Within five (5) Business Days of the closing
pursuant to the Oak Tree PSA, the OEDA shall execute and record a general warranty
deed vesting title in the Oak Tree Property to SFSI free and clear of any liens or
encumbrances, including without limitation, the OneOK Lease, except those liens created
by or consented to by SFSI.
3.3. Title to Cherokee Property. Within five (5) Business Days of the closing
pursuant to the Cherokee PSA, SFSI shall cause a special warranty deed to be recorded
vesting title in the Cherokee Property to the OEDA free and clear of any liens or
encumbrances, except those liens created by the OEDA (including, at OEDA's discretion,
the existing debt owed by OneOK to the OEDA pursuant to a separate agreement
between OneOK and the OEDA) or consented to by the OEDA.
ARTICLE IV
REIMBURSEMENT
4.1. Authority Participation. In consideration for SFSI's development of the
Project, the Authority agrees, subject to the terms of this Agreement, to pay SFSI the
Reimbursement Amount. The Parties and the City agree that the Reimbursement
Amount is a fixed sum.
4.2. Segregation of Tax Accounts. The Authority covenants and agrees to
separately maintain the Oak Tree Tax Account and the Smith Farm Marketplace Tax
Account from each other and from the City's and the Authority's general or other
accounts.
4.3. Monthly Sales Tax Reports. Within five (5) Business Days of the end of
each month, the Authority shall submit a report in writing to SFSI detailing the current
balance and the method of calculation of the Oak Tree Tax Account and the Smith Farm
Marketplace Tax Account.
4.4. Sources and Limits of Funds. Prior to the SFM Payoff Date, the
Reimbursement Amount shall be paid to SFSI from the Oak Tree Tax Account, if and
when such sales tax increments are received and available for such purpose. After the
SFM Payoff Date, the Reimbursement Amount shall be paid to SFSI from the Oak Tree
Tax Account and the Smith Farm Marketplace Tax Account, if and when such sales tax
increments are received and available for such purpose.
4.5. Method of Payment. Prior to the SFM Payoff Date, SFSI may request
payment from the Authority in an amount not to exceed the lesser of the then - current
5 576522 v5 (01560.00030.001)
total of the Oak Tree Tax Account or the unpaid Reimbursement Amount. After the SFM
Payoff Date, SFSI may request payment from the Authority in an amount not to exceed
the lesser of: (a) the then - current aggregate total of: (i) the Oak Tree Tax Account and (ii)
the Smith Farm Marketplace Tax Account or (b) the unpaid Reimbursement Amount.
The Authority shall make reimbursement payments to SFSI in good funds within five (5)
Business Days of any such request.
4.6. Additional Economic Incentives. In addition to the Oak Tree Tax Account
and the Smith Farm Marketplace Tax Account, the City and the Authority agree, to the
extent allowed by law, to (a) expedite the process for hearings, reviews, inspections and
contacts within the City's and Authority's staff in order to ensure timely completion of the
Project; (b) consider, and at the City's and the Authority's sole discretion, to use, any
other source of funds in order to pay the Reimbursement Amount; (c) to promptly
approve and authorize payment to SFSI of the funds in accordance with and pursuant to
this Agreement; and (d) consider any other reasonable requests made by SFSI in order to
complete the Project.
ARTICLE V
REMEDIES
In the event of any default in or breach of any terms or conditions of this
Agreement by any Party, or any successor, the defaulting or breaching Party shall, upon
written notice from the other Party, proceed immediately to cure or remedy such default
or breach, and shall in any event, within thirty (30) days after receipt of notice,
commence to cure or remedy such default. In case such cure or remedy is not taken or
not diligently pursued, or the default or breach shall not be cured or remedied within a
reasonable time, the aggrieved Party may institute such proceedings as may be necessary
or desirable in its opinion to cure and remedy such default or breach, including but not
limited to proceedings to compel specific performance by the defaulting or breaching
Party. The parties, their successors and assigns, further agree that the other Party shall
have the right and power to institute and prosecute proceedings to enjoin the threatened
or attempted violation of any clauses contained herein. Notwithstanding the foregoing or
anything to the contrary contained in this Agreement, in the event of a breach or
termination of this Agreement, such breach or termination shall have no effect upon the
Smith Farm Marketplace Agreement.
ARTICLE VI
MISCELLANEOUS.
6.1. Choice of Law. This Agreement shall be taken and deemed to have been
fully executed and made by the Parties herein and governed by the laws of the State of
Oklahoma for all purposes and intents.
6.2. Recitals. All recitals are incorporated into this Agreement as material
terms of this Agreement. .
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6.3. Assignment; Successors and Assigns. SFSI may assign, without the prior
written consent of the City, the Authority or the OEDA, this Agreement, the Project or
any interest in this Agreement, including, without limitation, the right to receive
payments, and upon any such assignment, the assignee or successor shall be deemed to
have assumed the duties and obligations of SFSI hereunder; provided, however, SFSI
agrees to deliver written notice to the Authority of any such assignment within thirty (30)
days of such assignment. Neither the Authority nor the OEDA shall have the right to
assign its duties or obligations under this Agreement without the prior written consent of
SFSI. All rights, obligations and liabilities herein given to or imposed upon any Party
hereto shall extend to the permitted successors and assigns of such Party. In the event
SFSI sells, assigns or transfers its interest in the Project, SFSI shall be relieved of all
liability under this Agreement as of the date of such sale, assignment or transfer and the
assignee shall assume all obligations and liability under this Agreement as of the date of
such sale or assignment.
6.4. Entire Agreement. The Parties agree that this Agreement constitutes the
entire agreement between the Parties and that no other agreements or representations
concerning completion of the Project, other than those contained in this Agreement, have
been made by the Parties. This Agreement shall be amended only in writing, and
effective when signed by the authorized agents of the Parties.
6.5. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall constitute one and the same instrument.
6.6. Severability. In the event that any term or provision or this Agreement is
held to be unenforceable by a court of competent jurisdiction, the remainder shall
continue in full force and effect to the extent the remainder can be given effect without
the invalid provision.
6.7. Binding Effect. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors, heirs and assigns.
6.8. Costs. In the event of a dispute relating to the matters set forth herein, the
prevailing Party shall be entitled to reimbursements for all reasonable attorneys' fees and
expenses incurred in connection therewith.
6.9. Notices. Any notice, request or demand provided for in this Agreement
shall be deemed to have been sent when the notice has been delivered by personal
delivery, overnight mail or delivery service, facsimile or deposited in the United States
mail, registered or certified, with postage thereon prepaid to the addresses as set forth
below. Notice shall be deemed received upon the earlier of: (1) if personally delivered
(whether by courier or overnight private mail or delivery services), the date of delivery;
(ii) if mailed, three (3) Business Days after the date of posting by the United States post
office; or (iii) if given by facsimile when sent. The parties' addresses are as follows:
To the Authority: Rodney Ray, OWPA Manager
City of Owasso
7 576522 v5 (01560.00030.001)
111 North Main Street
Owasso, Oklahoma 74055
Fax No. 918.376. 1599
With a Copy to: Julie Lombardi, OPWA General Counsel
City of Owasso
111 N. Main Street
Tulsa, OK 74055
Fax No. 918.376.1599
To SFSI: SF Shops Investors, L.P.
c/o Hunt Properties, Inc.
8235 Douglas Avenue
Dallas, Texas 75225
Attn: Jim Shindler, Sr. Vice President
Fax No. 214.706.3251
With a Copy to: Kane Russell Coleman & Logan PC
1601 Elm Street, Suite 3700
Dallas, Texas 75201
Attn: Raymond J. Kane
Fax No. 214.777.4299
6.10. Authority & City. This Agreement shall become a binding obligation
upon execution by all parties hereto. The Authority warrants and represents that the
individual executing this Agreement on behalf of the Authority has full authority to
execute this Agreement and bind the Authority to the same. The Authority further
warrants and represents that this Agreement is valid and enforceable under applicable law
and the City's charter, and that the City has taken all requisite action necessary to approve
this Agreement. The OEDA warrants and represents that the individual executing this
Agreement on behalf of the OEDA has full authority to execute this Agreement and bind
the OEDA to the same. The OEDA further warrants and represents that this Agreement
is valid and enforceable under applicable law and the City's charter, and that the City and
the OEDA have each taken all requisite action necessary to approve this Agreement. By
its signature below, the City acknowledges and agrees that the City has transferred and
assigned to the Authority all of the City's rights, title and interest in and to the sales tax
revenues for the purposes of disbursing the Reimbursement Amount from the Oak Tree
Tax Account and the Smith Farm Marketplace Tax Account. SFSI warrants and
represents that the individual executing this Agreement on its behalf has full authority to
execute this Agreement and bind SFSI to the same. SFSI further warrants and represents
that this Agreement is valid and enforceable under applicable law and SFSI's corporate
documents, and that SFSI has taken all requisite action necessary to approve this
Agreement.
IN WITNESS WHEREOF the parties have executed this instrument to be
effective as of the day and year first above written.
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[Remainder of Page Intentionally Left Blank; Signature Page(s) Attached Hereto. 1
576522 v5 (01500.00030.001)
SEPARATE SIGNATURE PAGE OF THE AUTHORITY
OWASSO PUBLIC WORKS AUTHORITY,
an Oklahoma public trust
By:
Name:
Its:
Date: July , 2007.
ATTEST:
By:
Name:
Secretary
Date: July , 2007.
APPROVED AS TO FORM:
By:
Name:
City Attorney
Date: July , 2007.
576522 v5 (01560.00030.001)
SEPARATE SIGNATURE PAGE OF THE OEDA
OWASSO ECONOMIC DEVELOPMENT AUTHORITY,
an Oklahoma public trust
By:
Name:
Its:
Date: July , 2007.
ATTEST:
By:
Name:
Secretary
Date: July , 2007.
APPROVED AS TO FORM:
By:
Name:
Counsel for Owasso Economic
Development Authority
Date: July_, 2007.
576522 v5 (01560.00030.001)
ACKNOWLEDGEMENT AND AGREEMENT OF THE CITY
For the limited purposes set forth in Sections 4.1, 4.2, 4.6 and 6.10 of this Agreement, the
City acknowledges, consents and agrees to the terms and conditions of this Agreement.
CITY OF OWASSO,
a municipality of the State of Oklahoma
By:
Name:
Its:
Date: July , 2007.
ATTEST:
By:
Name:
Secretary
Date: July , 2007.
APPROVED AS TO FORM:
By.
Name:
City Attorney
Date: July , 2007.
576522 v5 (0 1560.00030.00 1 )
SEPARATE SIGNATURE PAGE OF SFSI
SF SHOPS INVESTORS, L.P.,
a Texas limited partnership
By: SFM GP, LLC,
a Texas limited liability company
its general partner
By: Hunt Properties, Inc.,
a Texas corporation,
its Sole Manager
By:
Name:
Title:
Date: July , 2007.
576522 v5 (01560.00030.001)
i
EXHIBIT "A -1"
LEGAL DESCRIPTION OF THE OAK TREE PROPERTY
Lot One (1), Block (1) of Oak Tree Business Park, an Addition to the City of Owasso,
County of Tulsa, State of Oklahoma, according to that certain plat recorded in Volume
Page of the plat records of Tulsa County, Oklahoma.
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EXHIBIT "A -2"
LEGAL DESCRIPTION OF THE CHEROKEE PROPERTY
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EXHIBIT "A -3"
LEGAL DESCRIPTION OF THE BEST BUY APPORTIONMENT AREA
Parcel One:
A tract of land situated in the Northeast Quarter of the Northwest Quarter (NE /4 NW /4)
of Section Twenty (20), Township Twenty -one (21) North, Range Fourteen (14) East of
the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S.
Government Survey thereof; being more particularly described as follows, to -wit:
COMMENCING from the Northeast Comer of the NE /4 NW /4; THENCE South along
the East line of said NEA NW /4 a distance of 290.00 feet to the Point of Beginning;
THENCE South 1 °14'12" East and along the East line of said N E/4 NW /4 a distance of
708.20 feet to a point on the Northerly right of way line of U. S. Highway 169; THENCE
South 48 °54'01" West and along said Northerly right of way line a distance of 273.98
feet; THENCE North 22'15'20" West a distance of 492.84 feet to a point on the Easterly
boundary line of OAK TREE BUSINESS PARK, an Addition to the City of Owasso,
Tulsa County, State of Oklahoma, according to the recorded Plat No. 5154; THENCE
along said Easterly boundary line North 72 °45'33" East a distance of 90.00 feet;
THENCE along said Easterly boundary line along a curve to the left having a radius of
415.00 feet a distance of 535.99 feet to a point which has a chord North 35 °45'33" East a
distance of 499.51 feet to a point; said point being the POINT OF BEGINNING.
Parcel Two:
A tract of land situated in the Northwest Quarter of the Northeast Quarter (NW /4 NE/4)
of Section Twenty (20), Township Twenty -one (21) North, Range Fourteen (14) East of
the Indian Base and Meridian, Tulsa County, State of Oklahoma, according to the U. S.
Government Survey thereof, being more particularly described as follows, to -wit:
COMMENCING from the Northeast Corner of the NEA NW /4; THENCE South along
the East line of said NE /4 NW /4 a distance of 50 feet to the Point of Beginning;
THENCE South 86 °02'32" East and along the South Right of Way line of U. S. Highway
169 a distance of 20.08 feet; THENCE South .10141121.1 East and parallel with the East line
of said NE/4 NW/4 a distance of 929.68 feet to a point on the Northerly Right of Way
line of U. S. Highway 169; THENCE South 48 154'01" West and along said Northerly
Right of Way line a distance of 26.06 feet; THENCE North 1'14'12" West and along the
East line of said NE /4 NW /4 a distance of 948.20 feet to the POINT OF BEGINNING.
576522 v5 (01560.00030.001)