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2024.11.19_City Council Agenda
PUBLIC NOTICE OF THE MEETING OF THE OWASSO CITY COUNCIL Council Chambers Old Central Building 109 North Birch, Owasso, OK Tuesday, November 19, 2024 - 6:30 PM NOTE: APPROPRIATE ACTION may include, but is not limited to: acknowledging, affirming, amepding, approving, authorizing, awarding, denying, postponing, or tabling. AGENDA RFCF� 1. Call to Order - Mayor Alvin Fruga N0kj � 6 2. Invocation - Associate Pastor Max Megee of Bible Church of Owasso C�fyCye�ky`s<Q-s¢ 3. Flag Salute s of 4. Roll Call 5. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non -debatable.) A. Approve minutes - November 5, 2024, and November 12, 2024, Regular Meetings B. Approve claims C. Approve Early Retirement benefits for Timothy Rooney D. Approve and grant a Use Easement at 405 West 2nd Avenue upon the property described as Tract B and upon which the air conditioning units are located, and authorize the Mayor to execute said easement E. Adopting Ordinance 1225, amending the Oklahoma Municipal Retirement Fund Defined Benefit Plan Joinder Agreement, and the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan as approved and required by the Internal Revenue Service 6. Consideration and appropriate action relating to items removed from the Consent Agenda 7. Consideration and appropriate action relating to a final plat for Casey's General Store #4559, a proposed commercial subdivision containing 5.60 acres located at the northeast corner of East 106th Street North and North Garnett Road Alexa Beemer Staff recommends approval of the final plat. 8. Consideration and appropriate action relating to a Specific Use Permit (SUP) for a proposed automotive repair and maintenance use in a Commercial Shopping (CS) zoning district on approximately 0.92 acres located at 9401 North Garnett Road, as referenced in application SUP 24-03. Alexa Beemer Staff recommends approval of the Specific Use Permit. 9. Consideration and appropriate action relating to Ordinance 1226, approving the abandonment of Planned Unit Development OPUD 06-04, creating a new Planned Unit Development for Bailey Village, and rezoning said property from Residential Single Family Low Density (RS-1), Office (0), Agriculture (AG) Residential Multi -Family (RM), and Commercial Shopping (CS) to Residential Single Family High Density (RS-3) for approximately 66.52 acres located south of East 1061h Street North and east of North 97fh East Avenue (Mingo Road), as referenced in applications OPUD 24-01 and OZ 24-04 Wendy Kramer Staff recommends adoption of Ordinance 1226. Owasso City Council November 19, 2024 Page 2 10. Consideration and appropriate action relating to bids received for the Owasso Police Department Rifle Range Turning Target System Jason Woodruff Staff recommends awarding the base bid and alternates #1 and #2 to Range Systems of New Hope, Minnesota, in the amount of $58,385.00, and authorization to execute all necessary documents. 11. Consideration and appropriate action relating to bids received for the Centennial Park Playground Project Larry Langford Staff recommends awarding the bid to Magnum Construction Inc., of Broken Arrow, Oklahoma, in the amount of $397,000.00, and authorization to execute all necessary documents. 12. Consideration and appropriate action relating to the proposed project sites for the Annual Street Rehabilitation Program (2025) Roger Stevens Staff recommends approval of the following 2025 Street Rehabilitation Program priority sites: Base Projects (Mill/Overlay): • E 1 16th St N/N Memorial to N Mingo • W Broadway, Atlanta to Main St • 51h Avenue, from Fleet Maintenance to US Hwy 169 Service Road • W 1 st St, Atlanta to Main Street • W 2nd St, Atlanta to Main Street • W 3rd St, Atlanta to Main Street Alternate Projects (Preventive Maintenance): • Lakes @ Bailey Ranch • Park Place @ Preston Lakes • Camelot 13. Consideration and appropriate action relating to the indebtedness of the Owasso Public Works Authority (OPWA) in the Development and Financing Assistance Agreement between Robinson Business Park, LLC, and the Authority for the project known as Robinson Business Park Owasso containing approximately 35 acres located east of the southeast corner of North Mingo Road and East 761h Street North Carly Novozinsky Staff recommends approval of the indebtedness of the OPWA, contingent upon the OPWA's approval of the Development and Financing Agreement with Robinson Business Park, L-C. 14. Report from City Manager 15. Report from City Attorney 16. Report from City Councilors 17. Official Notices (documents for acknowledgment of receipt or information only, no discussion or action will be taken) • Payroll Payment Report - pay period ending date November 2, 2024 • Healthcare Self -Insurance Claims - dated as of October 31, 2024 • Monthly Budget Status Report - October 2024 • Change Order No. I executed by the City Manager or designee for the 2024 Annual Street Rehabilitation Project Owasso City Council November 19, 2024 Page 3 18. New Business (New Business is any item of business which could not have been foreseen at the time of posting of the agenda) 19. Adjournment Notice of Public Meeting filed in the office of the City Clerk on Friday, December 8, 2023, and the Agenda posted at City Hall, 200 South Main Street, at 12:00 pm qn Friday, November.15,1024. M. Stevens, City The City of Owasso encourages citizen participation. To request arthccommodation due to a disability, contact the City Clerk prior to the scheduled meeting by phone 918-376-1502 or by email to istevens@citvofowcisso.com OWASSO CITY COUNCIL MINUTES OF REGULAR MEETING TUESDAY, NOVEMBER 5, 2024 The Owasso City Council met in regular session on Tuesday, November 5, 2024, in the Council Chambers at Old Central, 109 North Birch, Owasso, Oklahoma per the Notice of Public Meeting filed Friday, December 8, 2023; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 4:00 pm on Friday, November 1, 2024. 1. Call to Order - Mayor Alvin Fruga called the meeting to order at 6:30 pm. 2. Invocation - The Invocation was offered by Pastor Linzy Slayden of Friendship Baptist Church. 3. Flag Salute - David Hurst led the flag salute. 4. Roll Call - A quorum was declared present. Present Absent Mayor - Alvin Fruga Councilor - Paul Loving Vice Mayor- Lyndell Dunn Councilor - Doug Bonebrake Councilor - Cody Walter Staff: City Manager - Chris Garrett / City Attorney - Julie Lombardi S. Presentation of Character Trait of Respect - Jason Woodruff, presented the character trait for the month of November. 6. Consideration and appropriate action relating to the Consent Agenda. (All matters listed under "Consent" are considered by the City Council to be routine and will be enacted by one motion. Any Councilor may, however, remove an item from the Consent Agenda by request. A motion to adopt the Consent Agenda is non -debatable.) A. Approve minutes -October 15, 2024, Regular Meeting B. Approve claims. C. Approve a budget amendment in the Healthcare Self -Insurance Fund, increasing the appropriation for expenditures by $107,047.12, following receipt of a stop loss reimbursement D. Approve a budget amendment in the Healthcare Self -Insurance Fund, increasing the appropriation for expenditures by $451,767.62, following receipt of a stop loss reimbursement E. Accept the Outdoor Warning System Replacement Project and authorize final payment to Safety Com, Incorporated of North Little Rock, Arkansas in the amount of $45,926.25 Mr. Bonebrake moved, seconded by Mr. Walter, to approve the Consent Agenda as presented, with claims totaling $1,124,388.97. YEA: Bonebrake, Dunn, Walter, Fruga NAY: None Motion carried: 4-0 *At 6:35 pm Paul Loving entered the meeting. 7. Consideration and appropriate action relating to items removed from the Consent Agenda - None B. Consideration and appropriate action relating to Resolution 2024-07, calling an election for the purpose of selecting City Council representation for City Council Ward 1 and Ward 5 Juliann M. Stevens presented the item, recommending approval of Resolution 2024-07. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn, to approve Resolution 2024-07, as recommended. YEA: Bonebrake, Dunn, Loving, Walter, Fruga NAY: None Motion carried: 5-0 Owasso City Council November 5, 2024 Page 2 9. Consideration and appropriate action relating to the purchase and installation of a replacement boiler for the Owasso Police Department building at 111 North Main Street Jason Woodruff presented the item, recommending authorization to purchase the turnkey installation of one (1) CAMUS Avenger Model ARN1500 boiler to Jackson Mechanical Service, Inc. of Tulsa, Oklahoma, in the amount of $69,977.00, and authorization to execute all necessary documents. There were no comments from the audience. After discussion, Mr. Bonebrake moved, seconded by Mr. Dunn, to authorize the purchase and execute documents, as recommended. YEA: Bonebrake, Dunn, Loving, Walter, Fruga NAY: None Motion carried: 5-0 10. Consideration and appropriate action relating to a budget amendment in the General Fund Jason Woodruff presented the item, recommending approval of a budget amendment in the General Fund, increasing the appropriation for expenditures in the Police Services Department by $69,977.00 for the replacement of the boiler at the Owasso Police Station. There were no comments from the audience. Mr. Loving moved, seconded by Mr. Walter, to approve the budget amendment, as recommended. YEA: Bonebrake, Dunn, Loving, Walter, Fruga NAY: None Motion carried: 5-0 11. Consideration and appropriate action relating to the purchase of equipment for five (5) police vehicles Jason Woodruff presented the item, recommending approval to purchase equipment from Visual Force Inc., of Catoosa, Oklahoma, in the amount of $60,069.50, utilizing the State of Oklahoma approved contract SW0142, and authorization for payment. There were no comments from the audience. After discussion, Mr. Dunn moved, seconded by Mr. Bonebrake, to approve the purchase, as recommended. YEA: Bonebrake, Dunn, Loving, Walter, Fruga NAY: None Motion carried: 5-0 12. Presentation of the monthly Public Works Project Status Report - Roger Stevens presented the item and discussion was held. 13. Report from City Manager - Chris Garrett reported on the United Way Campaign, various Veteran Appreciation events, and the City Hall Zoo Boo and the Cops for Kids Trunk or Treat events. 14. Report from City Attorney - None 15. Report from City Councilors - Councilor Loving commented on the disc golf tournament at Centennial Park. Mr. Bonebrake announced his intent not to seek re-election in 2025. 16. Official Notices - The Mayor acknowledged receipt of the following: • Payroll Payment Report - pay period ending date October 19, 2024 • Oklahoma Department of Environmental Quality Permit No. WL000066240736, Owasso Hodson Elementary Potable Water Line Extension • Change Orders 1 and 2 executed by the City Manager or designee for the East 96fh Street North from North I I9th East Avenue to North 129th East Avenue Roadway Improvement - East Side • Change Orders 1 and 2 executed by the City Manager or designee for the Main Street Rehabilitation Project from Broadway to East 1 1 th Street 17. New Business - None 18. Adjournment Mr. Bonebrake moved, seconded by Mr. Loving, to adjourn the meeting. YEA: Bonebrake, Dunn, Loving, Walter, Fruga NAY: None Motion carried: 5-0 and the meeting adjourned at 7:21 pm. Alvin Fruga, Mayor Juliann M. Stevens, City Clerk Owasso City Council November 5, 2024 Page 3 OWASSO CITY COUNCIL, PUBLIC WORKS AUTHORITY, AND PUBLIC GOLF AUTHORITY MINUTES OF JOINT REGULAR MEETING TUESDAY, NOVEMBER 12, 2024 The Owasso City Council, Owasso Public Works Authority (OPWA), and Owasso Public Golf Authority (OPGA) met in a joint regular meeting on Tuesday, November 12, 2024, in the Council Chambers at Old Central, 109 North Birch Street, Owasso, Oklahoma, per the Notice of Public Meeting filed Friday, December 8, 2023; and the Agenda filed in the office of the City Clerk and posted at City Hall, 200 South Main Street, at 10:00 am on Friday, November 8, 2024. 1. Call to Order - Mayor/Chair Alvin Fruga called the meeting to order at 6:00 pm. 2. Roll Call A quorum was declared present. Present Absent Mayor/Chair-Alvin Fruga None Vice Mayor/Vice Chair-Lyndell Dunn Councilor/Trustee - Doug Bonebrake Councilor/Trustee- Paul Loving Councilor/Trustee - Cody Walter Staff: City/Authority Manager- Chris Garrett; City/Authority Attorney - Julie Lombardi 3. Discussion relating to Community Development Department items A. Request for a Final Plat - Casey's General Store, a proposed commercial subdivision, containing approximately 5.60 acres located at the northeast corner of East 106+h Street North and North Garnett Road B. Request for a Specific Use Permit - Express Oil, a proposed automotive repair and maintenance use in a Commercial Shopping (CS) zoning district, containing approximately 0.92 acres located south and east of the East 961h Street North and North Garnett Road intersection, as referenced in application SUP 24-03 C. Request to abandon Planned Unit Development, OPUD 06-04 and create a new Planned Unit Development and Rezoning - Bailey Village, a proposed single-family residential development, containing approximately 66.52 acres located southeast of the East 106th Street North and North 97th East Avenue intersection, as referenced in application OPUD 24-01; and the rezoning of said property from Residential Single Family Low Density (RS-1), Office (0), Agriculture (AG), Residential Multi -Family (RM), and Commercial Shopping (CS) under OPUD 06-04 to Residential Single Family High Density (RS-3), as referenced in application OZ 24-04 Alexa Beemer presented items A and B; Wendy Kramer presented item C. Discussion was held. It was further explained items A, B, and C will be placed on the November 19, 2024, City Council agenda for consideration and action. 4. Discussion relating to the State of Oklahoma's Film Friendly Community Program and the requirements to achieve community certification, development of a film permit, and associated fee schedule Shellie Wingert and Alexa Beemer presented the item and discussion was held. It was further explained an item will be placed on the December 10, 2024, Worksession agenda for additional discussion. 5. Discussion relating to proposed amendments to Part 13, Public Safety, Chapter 2 Fire Department, Article C Ambulance Service, Section 13-236, Funding for Ambulance Service as it relates to multi- family residential dwelling units David Hurst presented the item and discussion was held. It was further explained an item will be placed on the December 10, 2024, Worksession agenda for additional discussion. 6. Discussion relating to proposed project sites for the 2025 Annual Street Rehabilitation Program Roger Stevens presented the item and discussion was held. It was further explained an item will be placed on the November 19, 2024, City Council agenda for consideration and action. Owasso City Council, OPWA 8 OPGA November 12, 2024 Page 2 Discussion relating to a proposed upgrade to the existing Enterprise Resource Planning Software, Central Square Steve Tibbles presented the item and discussion was held. It was further explained an item will be placed on the December 3, 2024, City Council agenda for consideration and action. 8. Discussion relating to a request for development project assistance through Tax Increment Financing, Owasso Redbud District and Increment District No. 1, containing approximately 35 acres located east of the southeast corner of North Mingo Road and East 76th Street North - Robinson Business Park, LLC (OPWA) Carly Novozinsky presented the item and discussion was held. It was further explained an item will be placed on the November 19, 2024, City Council and OPWA agendas for consideration and action. 9. Discussion relating to a proposed amendment to the current rates charged at the Bailey Ranch Golf Club (OPGA) Corey Burd presented the item and discussion was held. It was further explained an item will be placed on the December 3, 2024, OPGA agenda for consideration and action. 10. Discussion relating to the monthly sales and use tax report and revenue outlook Carly Novozinsky presented the item and discussion was held. 11. City/Authority Manager Report Chris Garrett reported on Indian Nations Council of Government (INCOG) Go! Plan public workshop to be held at City Hall on November 20, 2024, and the opportunity for citizens to discard pumpkins at the Recycle Center. 12. City Councilor/Trustee comments and inquiries Councilor Bonebrake encouraged participation in the INCOG Go! Plan workshop. 13. Adjournment The meeting adjourned at 7:48 pm. Alvin Fruga, Mayor/Chair Juliann M. Stevens, City Clerk Fund 01 GENERAL Claims List-11/19/2024 Vendor Name Payable Description Payment Amount CROSSLAND HEAVY CONTRACTORS 116TH - MINGO-GARNETT $63,267.95 116TH-MINGO TO GARNETT RD -Total $63,267.95 ENTERPRISE FM TRUST FLEET LEASE $3,252.36 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $117.98 JPMORGAN CHASE BANK AMAZON -HOLE CUTTER $16.99 JPMORGAN CHASE BANK AMAZON -LOCK REP $199.00 JPMORGAN CHASE BANK AMAZON -ORGANIZER $5.99 JPMORGAN CHASE BANK AMAZON -SHOP VAC $179.00 JPMORGAN CHASE BANK GRIMSLEYS-SANITIZER $347.89 JPMORGAN CHASE BANK LOCKE-PRESS FITTINGS $247.46 JPMORGAN CHASE BANK LOWES-SUPPLIES $11.48 JPMORGAN CHASE BANK SECONDARY RHODES-REP $490.00 JPMORGAN CHASE BANK STAPLES -COPY PAPER $46.45 TREASURER PETTY CASH SVC OK-FAC MAINT TAG $20.50 UNIFIRST HOLDINGS LP UNIFORMS $38.86 VERIZON WIRELESS WIRELESS CONNECTION $40.01 BUILDING MAINTENANCE -Total $5,013.97 JPMORGAN CHASE BANK ANCHOR STONE -FENCE $583.98 JPMORGAN CHASE BANK EQUIP ONE -FENCE $165.00 JPMORGAN CHASE BANK LOWES-FENCE $172.81 CEMETERY WALL REPLACEMENT -Total $921.79 AEP/PSO ELECTRIC USE $197.35 DALE & LEES SERVICE INC AC REPAIR $106.00 ENTERPRISE FM TRUST FLEET LEASE $1,173.62 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $139.56 FULLERTON HYDRO -TEST INC. SUPPLIES $30.00 JPMORGAN CHASE BANK ADVANCE AUTO -VEHICLE $29.87 JPMORGAN CHASE BANK AMAZON -SUPPLIES $103.65 JPMORGAN CHASE BANK AMAZON -UNIFORM $99.90 JPMORGAN CHASE BANK TOMMYS-CAR WASH $29.99 JPMORGAN CHASE BANK TROYTDVM-SERVICE $450.00 JPMORGAN CHASE BANK WATERSTONE-UNIFORM $72.65 VERIZON WIRELESS WIRELESS CONNECTION $158,71 GEN ANIMAL CONTROL - Total $2,591.30 AEP/PSO ELECTRIC USE $23.80 FLEET FUELS LLC FUEL $717.50 UNIFIRST HOLDINGS LP UNIFORM SERVICES $19.20 GEN CEMETERY -Total $760.50 DANETTE TODD CRAFT PARTY $337.50 DANETTE TODD SCRAPBOOKING CLASS $40.50 1 Claims List-11/19/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL JPMORGAN CHASE BANK AMAZON -TALLY SHEETS $23.97 SUSAN R CHERMACK PAINTING CLASS $360.00 GEN COMM CTR DONATIONS -Total $761.97 AEP/PSO ELECTRIC USE $739.35 JPMORGAN CHASE BANK AMAZON -CARD HOLDERS $29.52 JPMORGAN CHASE BANK AMAZON -CARD TRAY $19.38 JPMORGAN CHASE BANK AMAZON -MOP HEAD $14.88 JPMORGAN CHASE BANK AMAZON -PADDLE & BALLS $24.74 JPMORGAN CHASE BANK AMAZON -TABLE DECOR $15.98 JPMORGAN CHASE BANK CORNERSTONE -KEYS $90.96 JPMORGAN CHASE BANK HOBBY LOBBY -TEA LIGHT $15.96 JPMORGAN CHASE BANK ONG-NATURAL GAS USAGE $214.53 JPMORGAN CHASE BANK SAMS-SUPPLIES $121.99 JPMORGAN CHASE BANK TRAVEL EXP 11108 $28.03 JPMORGAN CHASE BANK WALMART-SHIRTS $6.98 SUMNERONE INC COPIER $258.05 GEN COMMUNITY CENTER -Total $1,580.35 ENTERPRISE FM TRUST FLEET LEASE $850.60 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $335.40 JPMORGAN CHASE BANK AMAZON -FIRST AID KITS $98.76 TULSA COUNTY CLERK TULSA COUNTY FILINGS $128.00 VERIZON WIRELESS WIRELESS CONNECTION $293.31 GEN COMMUNITY DEVELOPMENT - Total $1,706.07 JPMORGAN CHASE BANK ABCO PARTY -STAGE $196.22 JPMORGAN CHASE BANK AMAZON -RIBBON & VINYL $36.00 JPMORGAN CHASE BANK AMAZON -SUPPLIES $215.95 JPMORGAN CHASE BANK AMAZON -VINYL $12.75 JPMORGAN CHASE BANK FACEBOOK-LIGHTS $50.00 JPMORGAN CHASE BANK MEETING EXP 11/08 $15.00 JPMORGAN CHASE BANK MEETING EXP 11/11 $15.00 JPMORGAN CHASE BANK SAMS-TACO BAR $101.43 JPMORGAN CHASE BANK WALMART-LUNCHEON $53.15 JPMORGAN CHASE BANK WALMART-TACO BAR $27.55 GEN CULTURE & RECREATION -Total $723.05 AEP/PSO ELECTRIC USE $22.05 JPMORGAN CHASE BANK LODGING EXP 09/15-18 $1.003.56 JPMORGAN CHASE BANK LODGING EXP 10/27-30 $674.61 JPMORGAN CHASE BANK MEETING EXP 10/25 $12.84 JPMORGAN CHASE BANK SAVON-MAPS $275.00 JPMORGAN CHASE BANK TRAVEL EXP 10127-30 $99.15 JPMORGAN CHASE BANK TRAVEL EXP 10/28 $40.74 2 Claims List-11/19/2024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN ECONOMIC DEV -Total $2,167.96 AEP/PSO ELECTRIC USE $120,70 ENTERPRISE FM TRUST FLEET LEASE $586.81 JPMORGAN CHASE BANK COX-EOC CABLE $296.43 VERDIGRIS VALLEY ELECTRIC COOP STORM SIRENS $259.01 VERIZON WIRELESS WIRELESS CONNECTION $40.01 GEN EMERG PREPAREDNESS -Total $1,302.96 ENTERPRISE FM TRUST FLEET LEASE $2,466.13 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $264.81 JPMORGAN CHASE BANK AMAZON -ORGANIZER $41.58 JPMORGAN CHASE BANK CDW GOVT-INK $1,070.27 JPMORGAN CHASE BANK OFFICE DEPOT -SUPPLIES $85.35 JPMORGAN CHASE BANK STAPLES -COPY PAPER $185.80 UNIFIRST HOLDINGS LP UNIFORM SERVICES $41.84 VERIZON WIRELESS WIRELESS CONNECTION $120.03 GEN ENGINEERING -Total $4,275.81 JPMORGAN CHASE BANK AMAZON -SUPPLIES $15.07 JPMORGAN CHASE BANK GOVT FIN-GFOA FEES $250.00 JPMORGAN CHASE BANK PLTPAY-FEES $17.50 GEN FINANCE -Total $282.57 AEP/PSO ELECTRIC USE $3,612.06 ELIZABETH ANNE CHILDS EXPUNGEMENTS $1,710.00 ELIZABETH ANNE CHILDS ORDINANCE - LEGAL $885.00 ENTERPRISE FM TRUST FLEET LEASE $1,208.61 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $72.95 GRAND GATEWAY ECO. DEV, ASSC. PELIVAN $6,047.50 IMPERIAL LLC COFFEE $292.41 JPMORGAN CHASE BANK AMER WASTE -DISPOSAL $124.92 JPMORGAN CHASE BANK ONG-NATURAL GAS USAGE $255.18 JPMORGAN CHASE BANK WALMART-HAND SOAP $5.97 SUMNERONE INC 2ND FLOOR COPIER $453.35 SUMNERONE INC MAILROOM COPIER $225.19 GEN GENERAL GOVERNMENT -Total $14,893.14 AEP/PSO ELECTRIC USE $92.81 JPMORGAN CHASE BANK ONG-NATURAL GAS USAGE $55.82 GEN HISTORICAL MUSEUM -Total $148.63 JPMORGAN CHASE BANK SUNDANCE-BLUE PAPER $204.00 GEN HR-CHAR INITIATIVE -Total $204.00 AMERICANCHECKED INC ATTN: BILLING BACKGROUND CHECKS $336.55 3 Fund 01 GENERAL Claims List-11/19/2024 Vendor Name Payable Description Payment Amount JPMORGAN CHASE BANK ACCESS -MEDICAL $375.00 JPMORGAN CHASE BANK FACEBOOK-ADVERTISE $185.85 JPMORGAN CHASE BANK FACEBOOK-AVERTISE $2.66 JPMORGAN CHASE BANK INDEED -ADVERTISE $3,605.80 JPMORGAN CHASE BANK INDEED -SUBSCRIPTION $120.00 JPMORGAN CHASE BANK MCAFEE 8 TAFT-LEGAL $150.00 JPMORGAN CHASE BANK MEETING EXP 10/10 $52.54 JPMORGAN CHASE BANK OFFICE DEPOT -REFUND ($43.07) JPMORGAN CHASE BANK OFFICE DEPOT -SUPPLIES $33.05 JPMORGAN CHASE BANK SAVON-EMPY RECOG $82.81 JPMORGAN CHASE BANK STRATA -MAGAZINE $1,096.71 JPMORGAN CHASE BANK TULSAHRC-REGISTRATION $32.00 GEN HUMAN RESOURCES -Total $6,029.90 JPMORGAN CHASE BANK AMAZON -AV SETUP $347.30 JPMORGAN CHASE BANK AMAZON-HDMI $36.53 JPMORGAN CHASE BANK AMAZON-HDMI CABLE $23.99 JPMORGAN CHASE BANK AMAZON-VELCRO $56.51 JPMORGAN CHASE BANK BESTBUY-PROJECTOR $749.99 JPMORGAN CHASE BANK COX-INTERNET $1,593.68 JPMORGAN CHASE BANK COX -PHONE $79.02 JPMORGAN CHASE BANK EBAY-CONTROLLER $340.00 JPMORGAN CHASE BANK EBAY-DAMPENER $43.69 JPMORGAN CHASE BANK EBAY-POWER CORDS $113.39 JPMORGAN CHASE BANK EBAY-SUPPLIES $100.00 JPMORGAN CHASE BANK ERRONEOUS CREDIT ($19.99) JPMORGAN CHASE BANK HOME DEPOT -HARDWARE $106.46 JPMORGAN CHASE BANK HOME DEPOT -LADDER $143.97 JPMORGAN CHASE BANK HOME DEPOT -SLIDERS $6.46 JPMORGAN CHASE BANK LOWES-HARDWARE $60.98 JPMORGAN CHASE BANK LOWES-TIE DOWNS $1.38 JPMORGAN CHASE BANK MICROSOFT-PHOTOS $0.99 JPMORGAN CHASE BANK OFFICE DEPOT -PAPER $48.49 JPMORGAN CHASE BANK OFFICE DEPOT -REFUND ($144.49) JPMORGAN CHASE BANK OFFICE DEPOT -TONER $144.49 JPMORGAN CHASE BANK SAMS-TRASH BAGS $22.88 NEWEDGE SERVICES LLC HYDRANT INSPECT CODE $1,200.00 PPT HOLDINGS I, LLC NETAPP HARDWARE $3,111.84 VERIZON WIRELESS WIRELESS CONNECTION $252.06 GEN INFORMATION TECH -Total $8,419.62 AMERICANCHECKED INC ATTN: BILLING SOLICITOR BACKGROUND $69.00 CHEC 112 Claims List-11/1912024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL ENTERPRISE FM TRUST FLEET LEASE $1,019.57 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $93.51 JPMORGAN CHASE BANK AMAZON -SUPPLIES $26.88 JPMORGAN CHASE BANK BRICKTOWN-EMP RECOG $25.00 JPMORGAN CHASE BANK CHAMBER -FEES $480.00 JPMORGAN CHASE BANK LANDS END -REFUND ($10.79) JPMORGAN CHASE BANK LANDS END -UNIFORM $231.96 JPMORGAN CHASE BANK LEE BHM-FEES $22.66 JPMORGAN CHASE BANK LODGING EXP 10/15-18 $282.00 JPMORGAN CHASE BANK LODGING EXP 10/27-30 $442.02 JPMORGAN CHASE BANK MEETING EXP 10110 $137.00 JPMORGAN CHASE BANK MEETING EXP 10125 $76.00 JPMORGAN CHASE BANK MEETING EXP 10/28 $36.77 JPMORGAN CHASE BANK MEETING EXP 11/05 $104.53 JPMORGAN CHASE BANK MEETING EXP 11/08 $52.02 JPMORGAN CHASE BANK OFFICE DEPOT -BOOK $12-01 JPMORGAN CHASE BANK OMAG-EDUCATION $225.00 JPMORGAN CHASE BANK SAMS-COMM REL $99.90 JPMORGAN CHASE BANK SAVON-BUSINESS CARDS $40.00 JPMORGAN CHASE BANK SHINE FACTORY -FLEET $43.00 JPMORGAN CHASE BANK TRAVEL EXP 10/15-18 $27.25 GEN MANAGERIAL -Total $3,535.29 JPMORGAN CHASE BANK AMAZON -SUPPLIES $16.07 JPMORGAN CHASE BANK OK OMCCA-WORKSHOP $52.99 JPMORGAN CHASE BANK SEC OF STATE -NOTARY $26.00 SUMNERONE INC COURT COPIER $23.45 TYLER TECHNOLOGIES, INC. TRANSACTION FEES $930.50 WEST WAY LLC STATE OF OK SERVICE $260.00 GEN MUNICIPAL COURT -Total $1,309.01 AEP/PSO ELECTRIC USE $2,099.75 BERTREM PRODUCTS INC PARK RESTROOM PUMP $7,309.64 BG SPECIALTIES INC CENTENNIAL SIGN $35.00 CITY OF OWASSO WATER SERVICE $22,210.00 ENTERPRISE FM TRUST FLEET LEASE $2.358.32 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $849.11 JPMORGAN CHASE BANK AMAZON -MICROPHONE $429.00 JPMORGAN CHASE BANK AMAZON -SWITCH REP $8.95 JPMORGAN CHASE BANK AMAZON -WEEDING $128.28 JPMORGAN CHASE BANK CORE&MAIN-PARTS $146.33 JPMORGAN CHASE BANK CORNERSTONE -LIGHTS $27.98 JPMORGAN CHASE BANK CORNERSTONE -LOCKS $22.79 5 Fund 01 Claims List-11/19/2024 Vendor Name GENERAL JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK JPMORGAN CHASE BANK MUSCO CORPORATION UNIFIRST HOLDINGS LP VERDIGRIS VALLEY ELECTRIC COOP VERIZON WIRELESS Payable Description Payment Amount CORNERSTONE -REPAIR $14.24 CORNERSTONE -SAW CHAIN $21.99 CORNERSTONE -TAPE $17.08 CORNERSTONE -TIES $18.90 HOME DEPOT -REFUND ($1.16) JANI KING -SERVICE $4,916.50 LOWES-FISH TAPE $89.24 LOWES-SAFETY TOOL $14.98 LOWES-SAW CHAIN $22.98 OK FACILITY -MOWING $1,900.00 ONG-NATURAL GAS USAGE $53.65 TURFWORX-MOWING $2,116.00 SPORTS PARK WIRING $450.00 PARKS STAFF UNIFORMS $61.56 PARKS ELECTRIC $99.55 WIRELESS CONNECTION $78.69 GEN PARKS -Total $45,499.35 AEP/PSO ELECTRIC USE $316.49 TRAVELERS CASUALTY INSURANCE RL SUTTON NP BOND $30.00 TREASURER PETTY CASH NOTARY-NANTZ $10.00 GEN POLICE COMMUNICATIONS -Total $356.49 ENTERPRISE FM TRUST FLEET LEASE $4,698.64 FLEET FUELS LLC FUEL $717.44 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $2,404.24 JPMORGAN CHASE BANK ATWOOD-SAFETY BOOTS $129.99 JPMORGAN CHASE BANK CORNERSTONE -SUPPLIES $88.97 JPMORGAN CHASE BANK STANDARD -SUPPLIES $135.97 JPMORGAN CHASE BANK TRACTOR SUPP-SUPPLIES $84.98 SOURCEONE MANAGEMENT SERVICES 129TH 76-96 MOWING $330.00 INC SOURCEONE MANAGEMENT SERVICES GARNETT 116-126 MOW $285.00 INC SOURCEONE MANAGEMENT SERVICES GARNETT 86-96 MOWING $268.00 INC SOURCEONE MANAGEMENT SERVICES GARNETT 96-106 MOWING $338.00 INC SOURCEONE MANAGEMENT SERVICES LAWN MAINTENANCE $1,332.00 INC SPIRIT LANDSCAPE MANAGEMENT LLC 96TH ST LANDSCAPE $267.70 SPIRIT LANDSCAPE MANAGEMENT LLC MAIN ST LANDSCAPE $443.46 UNIFIRST HOLDINGS LP UNIFORM SERVICES $163.64 VERIZON WIRELESS WIRELESS CONNECTION $120.03 GEN STORMWATER -Total $11,808.06 2 Claims List-1111912024 Fund Vendor Name Payable Description Payment Amount 01 GENERAL AEP/PSO STREETLIGHTS $10.92 TREASURER PETTY CASH CC FEE REF-KEETON $135.00 TREASURER PETTY CASH DEP REF-GARVIN $50.00 TREASURER PETTY CASH DEP REF-KEETON $100.00 TREASURER PETTY CASH DEP REF-LANG $100.00 TREASURER PETTY CASH DEP REF-UGBAH $100.00 TREASURER PETTY CASH REDBUD REF-SOLDOSLSKI $200.00 GENERAL -Total $695.92 UNION YOUTH BASEBALL SOFTBALL FIELD PREP $5,400.00 SOFTBALL PROGRAM -Total $5,400.00 GENERAL -Total $183,655.66 20 AMBULANCE SERVICE FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $3,260.45 FULLERTON HYDRO -TEST INC. 02 $90.50 JPMORGAN CHASE BANK AUTOZONE-HEADLIGHTS $29.69 JPMORGAN CHASE BANK BEST CHOICE -REPLACE $451.00 JPMORGAN CHASE BANK BOUND TREE -SUPPLIES $934.58 JPMORGAN CHASE BANK BUMPER -FUEL CAP $6.67 JPMORGAN CHASE BANK DIESEL POWER -EXHAUST $3,012.88 JPMORGAN CHASE BANK ERRONEOUS CHARGE $69.30 JPMORGAN CHASE BANK MEDLINE-SUPPLIES $254.17 JPMORGAN CHASE BANK NATIONAL REG-VOUCHERS $1,017.00 JPMORGAN CHASE BANK UPS -SHIPPING $44.12 JPMORGAN CHASE BANK ZOLL-SUPPLIES $1,745.43 VERIZON WIRELESS WIRELESS CONNECTION $40.01 AMBULANCE -Total $10,955.80 BEVERLY KEYLOR AMBULANCE REFUND $250.00 CHAMPVA AMBULANCE REFUND $360.27 JACK KIPER AMBULANCE REFUND $1,328.50 JOHN CAVES AMBULANCE REFUND $50.00 JOYCE SISSON AMBULANCE REFUND $300.00 MARY PITTS AMBULANCE REFUND $25.00 REPUBLIC RECOVERY SERVICES INC COLLECTION SERVICES $121.40 TREASURER PETTY CASH AMB REF -TERRY $20.40 AMBULANCE SERVICE -Total $2,455.57 AMBULANCE SERVICE -Total $13,411.37 21 E-911 ASSOCIATION OF PUBLIC -SAFETY GUIDECARD SYSTEM $17,717.22 INCOG 911 INCOG FEES $16,614.84 JPMORGAN CHASE BANK APCO-FEES $324.00 LANGUAGE LINE SERVICES TRANSLATION SERVICE $395.06 VERIZON WIRELESS WIRELESS CONNECTION $40.01 7 Claims List-11/19/2024 Fund Vendor Name Payable Description Payment Amount 21 E-911 E911 COMMUNICATIONS -Total $35,091.13 E-911 -Total $35,091.13 25 HOTEL TAX PLACER LABS INC PLATFORM & CHAIN DEMO $18,000.00 HOTEL TAX ECON DEV -Total $18,000.00 HOTELTAX -Total $18,000.00 27 STORMWATER MANAGEMENT MESHEK & ASSOCIATES, P.L.C. GARNETT IMPROVEMENTS $557.50 GARNETT CULVERT IMPROV -Total $557.50 MESHEK & ASSOCIATES, P.L.C. HALE ACRES DRAINAGE $13,452.08 HALE ACRES DRAINAGE IMPRO -Total $13,452.08 AEP/PSO ELECTRIC USE $302.66 ENTERPRISE FM TRUST FLEET LEASE $1,041.60 JPMORGAN CHASE BANK ATWOOD-CHEMICALS $74.97 JPMORGAN CHASE BANK BROWN FARMS -SUPPLIES $15.00 JPMORGAN CHASE BANK LOWES-TOOLS $15.96 JPMORGAN CHASE BANK UPS -POSTAGE $13.46 MESHEK & ASSOCIATES, P.L.C. MISC DRAINAGE REVIEWS $1,395.00 SOURCEONE MANAGEMENT SERVICES LAWN MAINTENANCE $5,863.80 INC TULSA COUNTY ADMIN SERVICES BROCHURES $315.76 UNIFIRST HOLDINGS LP UNIFORM SERVICES $13.02 VERIZON WIRELESS WIRELESS CONNECTION $40.01 STORMWATER-STORMWATER -Total $9,091.24 STORMWATER MANAGEMENT -Total $23,100.82 28 FEDERAL GRANTS GRADE LINE CONSTRUCTION 96TH - BRIDGE TO 129 $200,735.57 96TH-BRIDGE TO 129TH -Total $200,735.57 FEDERAL GRANTS -Total $200,735.57 31 AMBULANCE CAPITAL TREASURER PETTY CASH AMB REF -TERRY $3.60 AMBULANCE CAPITAL • Total $3.60 ZOLL MEDICAL CORP AUTOPULSE LEASE $19,917.44 AMBULANCE CAPITAL FD -Total $19,917.44 AMBULANCE CAPITAL -Total $19,921.04 35 PARK DEVELOPMENT LEE BHM CORP PUBLICATION $35.35 CENTENNIAL PARK PLAYGROUN -Total $35.35 PARK DEVELOPMENT -Total $35.35 37 SALES TAX FIRE AEP/PSO ELECTRIC USE $4,395.68 BOUND TREE MEDICAL, LLC DUTY BAGS FOR UNIFORMS $1,198.89 CITY OF OWASSO WATER SERVICE $108.50 CONRAD FIRE EQUIPMENT INC. APPARATUS REPAIRS $6,459.92 ENTERPRISE FM TRUST FLEET LEASE $5,264.85 Claims List-11/19/2024 Fund Vendor Name Payable Description Payment Amount 37 SALES TAX FIRE FIREBLAST GLOBAL INC FIRE PROP MAINTENANCE $46,149.83 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $3,023.18 HERITAGE LANDSCAPING LLC OCTOBER MOWING $1,900.00 JPMORGAN CHASE BANK AMAZON -BELT $114.23 JPMORGAN CHASE BANK AMAZON -CARTRIDGE $10.74 JPMORGAN CHASE BANK AMAZON -SUPPLIES $42.48 JPMORGAN CHASE BANK CHEWY-K9 FOOD $56.99 JPMORGAN CHASE BANK CORNERSTONE -EQUIP $117.48 JPMORGAN CHASE BANK DIESEL POWER -VEHICLE $4,275.22 JPMORGAN CHASE BANK EMTEC-PEST $625.00 JPMORGAN CHASE BANK LODGING EXP 9/30-10/7 $834.00 JPMORGAN CHASE BANK MEETING EXP 10/04 $111.33 JPMORGAN CHASE BANK ONG-NATURAL GAS USAGE $974.43 JPMORGAN CHASE BANK OREILLY-BATTERY $56.93 JPMORGAN CHASE BANK OVERHEAD DOOR -REPAIRS $3,891.50 JPMORGAN CHASE BANK PIKEPASS-FEES $20.60 JPMORGAN CHASE BANK TRACE ANALYTICS-KITS $1,6%02 JPMORGAN CHASE BANK TRAVEL EXP 10/18-10 $43.27 JPMORGAN CHASE BANK TRAVEL EXP 10/29-30 $60.89 JPMORGAN CHASE BANK USPS-SAMPLES $7.10 JPMORGAN CHASE BANK WALMART-TOOLS $31.94 JPMORGAN CHASE BANK WALMART-TRAINING $12.62 OKIE PACKAGING AND INDUSTRIAL FLOOR DRY $228.50 STANARD & ASSOCIATES, INC NEW HIRE TESTING $395.00 STOLZ TELECOM, LLC FD5 UPFIT $4,454.36 VERIZON WIRELESS WIRELESS CONNECTION $2,090.45 SALES TAX FUND -FIRE - Total $88,573.93 SALES TAX FIRE -Total $88,573.93 38 SALES TAX POLICE JPMORGAN CHASE BANK APAC-REFUND ($760.64) JPMORGAN CHASE BANK APAC-SHOOTING RANGE $18,486.47 JPMORGAN CHASE BANK GENS LAND -TIE WALL $16,500.00 P.D. MULTI -USE STRUCTURE -Total $34,225.83 AEP/PSO ELECTRIC USE $5,187.67 CITY OF OWASSO WATER SERVICE $42.00 DALE & LEES SERVICE INC AC REPAIR $976.45 ENTERPRISE FM TRUST FLEET LEASE $2,943.77 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $12,090.82 JACKSON MECHANICAL SERVICE INC BOILER REPAIR PD $5,630.91 JPMORGAN CHASE BANK ALLCPR-TRAINING $85.00 JPMORGAN CHASE BANK AMAZON -AWARDS $169.51 JPMORGAN CHASE BANK AMAZON -SUPPLIES $445.94 F�7 Claims List - 11/19/2024 Fund Vendor Name Payable Description Payment Amount 38 SALES TAX POLICE JPMORGAN CHASE BANK AMAZON -VEHICLE $90.97 JPMORGAN CHASE BANK B&H-TONER $507.04 JPMORGAN CHASE BANK BROWNELLS-FIREARMS $363.70 JPMORGAN CHASE BANK COLTS -TRAINING $605.00 JPMORGAN CHASE BANK DETECTACHEM-SUPPLIES $363.93 JPMORGAN CHASE BANK GALLS -UNIFORM $101.04 JPMORGAN CHASE BANK GDIT FAA -FEES $5.00 JPMORGAN CHASE BANK LA POLICE -UNIFORM $447.91 JPMORGAN CHASE BANK LEO DEN -TRAINING $250.00 JPMORGAN CHASE BANK LODGING EXP 10/27-31 $779.48 JPMORGAN CHASE BANK LOWES-FIREARMS $2.98 JPMORGAN CHASE BANK LOWES-SUPPLIES $61.32 JPMORGAN CHASE BANK MAKESTICKERS-SUPPLIES $251.49 JPMORGAN CHASE BANK MTM-UNIFORM $563.95 JPMORGAN CHASE BANK OK POLICE -HONOR GUARD $40.00 JPMORGAN CHASE BANK ONG-NATURAL GAS USAGE $777.51 JPMORGAN CHASE BANK OREILLY-VEHICLE $352A0 JPMORGAN CHASE BANK PEAVEY -SUPPLIES $918.41 JPMORGAN CHASE BANK SAMS-RENEWAL $110.00 JPMORGAN CHASE BANK SAMS-SUPPLIES $250.74 JPMORGAN CHASE BANK SKD TACTICAL -SWAT $780.00 JPMORGAN CHASE BANK SOUTHERN AG -SUPPLIES $194.58 JPMORGAN CHASE BANK SUMNER-COPIER $106.43 JPMORGAN CHASE BANK THOMSON WEST -ACCESS $544.40 JPMORGAN CHASE BANK TLO-SERVICE $3,305.72 JPMORGAN CHASE BANK TRACTOR SUPP-SUPPLIES $179.99 JPMORGAN CHASE BANK TRAVEL EXP 10125-11/5 $465.43 JPMORGAN CHASE BANK VORTEX -SWAT $164.99 JPMORGAN CHASE BANK WALGREENS-SUPPLIES $23.99 JPMORGAN CHASE BANK WATERSTONE-UNIFORM $649,45 NORMA PRECISION INC FIREARMS SUPPLIES $881.25 OWASSO FOP LODGE #149 POLICE DEPT LEGAL DEFENSE $220.50 SCHINDLER ELEVATOR INC QEI INSPECTION $300.00 SPECIAL OPS UNIFORMS, INC UNIFORM ITEMS $23.97 TRAVELERS CASUALTY INSURANCE C STEPHENS NP BOND $30.00 TREASURER PETTY CASH NOTARY-STEPHENS $10.00 VERIZON WIRELESS WIRELESS CONNECTION $5,295.05 SALES TAX FUND -POLICE -Total $47,590.69 SALES TAX POLICE -Total $81,816.52 39 SALES TAX STREETS AEP/PSO ELECTRIC USE $2,988.54 AEP/PSO STREETLIGHTS $9,674.01 `r Claims List-11/19/2024 Fund Vendor Name Payable Description Payment Amount 39 SALES TAX STREETS FLEET FUELS LLC FUEL $717.54 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $1,635.81 INCOG SAFE STREETS $7,619.00 JPMORGAN CHASE BANK AUTOZONE-SUPPLIES $19.99 JPMORGAN CHASE BANK BROWN FARMS -SIDEWALK $80.00 JPMORGAN CHASE BANK BROWN FARMS -SOD $150.00 JPMORGAN CHASE BANK INDUSTRIAL -SUPPLIES $33.02 JPMORGAN CHASE BANK LOWES-SUPPLIES $338.12 JPMORGAN CHASE BANK LOWES-TOOLS $108.94 JPMORGAN CHASE BANK MAXWELL-SUPPLIES $321.42 JPMORGAN CHASE BANK OREILLY-SUPPLIES $9.68 JPMORGAN CHASE BANK PINKLEY SALE -SUPPLIES $1,898.00 JPMORGAN CHASE BANK RED WING -SAFETY BOOTS $170.00 JPMORGAN CHASE BANK ROADSAFE-CONES $2,480.00 JPMORGAN CHASE BANK VANCE BROS-SUPPLIES $568.80 JPMORGAN CHASE BANK WHITE CAP -JACKET $72.99 JPMORGAN CHASE BANK WHITE CAP -SUPPLIES $1,019.08 JPMORGAN CHASE BANK WHITE CAP -TOOLS $144.27 TLS GROUP INC MAINTENANCE AGREEMENT $1,465.00 TREASURER PETTY CASH SVC OK -STREETS TAG $10.50 TULSA COUNTY HIGHWAY NO PARKING SIGNS $46.80 CONSTRUCTION TULSA COUNTY HIGHWAY SIGNAGE 8 STRIPING $272.20 CONSTRUCTION TULSA COUNTY HIGHWAY STREET MARKER $19.00 CONSTRUCTION UNIFIRST HOLDINGS LP UNIFORM SERVICES $226.08 VERDIGRIS VALLEY ELECTRIC COOP 116/129 TRAFFIC SIGN $91.43 VERDIGRIS VALLEY ELECTRIC COOP CHAMPION STREET LIGHT $86.71 VERDIGRIS VALLEY ELECTRIC COOP SECURITY LIGHT $7.24 VERIZON WIRELESS WIRELESS CONNECTION $120.03 SALES TAX FUND -STREETS -Total $32,394.20 SALES TAX STREETS -Total $32,394.20 40 CAPITAL IMPROVEMENTS GARVER ENGINEERING SERVICES $349.00 CIP 106/129 INTERSECT IMP -Total $349.00 GARVER ENGINEERING SERVICES $19,828.00 CIP 961145TH INTERSECT -Total $19,828.00 AMAX SIGN COMPANY, INC SIGN REMOVAL $1,026.00 CIP GARN RD WIDE 106.116 -Total $1,026.00 K+D ARCHITECTS LLC ENGINEERING SERVICES $10,880.00 PARKS FACILITY -Total $10,880.00 11 Claims List-11/1912024 Fund Vendor Name Payable Description Payment Amount 40 CAPITAL IMPROVEMENTS MTC TULSA LLC PW FACILITY $508,340.39 PUBLIC WORKS FACILITY -Total $508,340.39 CAPITAL IMPROVEMENTS -Total $540,423.39 70 CITY GARAGE AEP/PSO ELECTRIC USE $441.93 CROW BURLINGAME COMPANY PARTS FOR RESALE $4,191.60 CROW BURLINGAME COMPANY SHOP SUPPLIES $124.21 DIG] SECURITY SYSTEMS CAMERA LICENSE $221.56 FLEETCOR TECHNOLOGIES FUEL BILL OCT 2024 $43.03 JPMORGAN CHASE BANK AMAZON -BOOK $26.25 JPMORGAN CHASE BANK AMAZON -REFUND ($76.95) JPMORGAN CHASE BANK AMAZON -VINYL $591.30 JPMORGAN CHASE BANK AMAZON -VINYL REP $25.50 JPMORGAN CHASE BANK BEST CHOICE -GLASS REP $348.00 JPMORGAN CHASE BANK EAGLE WINDOW -TINT $150.00 JPMORGAN CHASE BANK HESSELBEIN-TIES $149.00 JPMORGAN CHASE BANK HESSELBEIN-TIRES $904.04 JPMORGAN CHASE BANK ONG-NATURAL GAS USAGE $198.24 JPMORGAN CHASE BANK ROCK AUTO -PARTS $211.98 JPMORGAN CHASE BANK SAVON-BUSINESS CARDS $40.00 JPMORGAN CHASE BANK TIGERTOUGH-SEAT COVER $682.00 JPMORGAN CHASE BANK TRUCK VAN -TINT $668.47 JPMORGAN CHASE BANK WARREN CAT -REFUND ($313.13) JPMORGAN CHASE BANK WELDON-PARTS $259.68 UNIFIRST HOLDINGS LP UNIFORMS $78.96 VEHICLE MAINTENANCE -Total $8,965.67 CITY GARAGE -Total $8,965.67 76 WORKERS' COMP SELF -INS CITY OF OWASSO IMPREST ACCOUNT WORKERS COMP CLAIMS $6,282.01 UNITED SAFETY & CLAIMS INC WORKERS COMP SVC FEE $1,658.33 WORKERS' COMP SELF -INS -Total $7,940.34 WORKERS' COMP SELF -INS -Total $7,940.34 77 GENERAL LIABILITY-PROPERT ELIZABETH ANNE CHILDS LITIGATION $1,380.00 HALL, ESTILL, HARDWICK, GABLE, LITIGATION $1,046.00 JPMORGAN CHASE BANK TRAILER WORLD -REPAIR $500.00 GEN LIAB-PROP SELF INS -Total $2,926.00 GENERAL LIABILITY-PROPERT - Total $2,926.00 78 HEALTHCARE SELF INS FUND COMMUNITYCARE EAP EAP FEE $468.00 JPMORGAN CHASE BANK DOLLAR GENERAL -EVENT $1.09 WELLNESS -Total $469.09 HEALTHCARE SELF INS FUND -Total $469.09 City Grand Total $1,257,460.08 12 TO: The Honorable Mayor and City Council FROM: Michele Dempster, Human Resources Director SUBJECT: OkMRF Retirement Request DATE: November 15, 2024 l75a]Kr]:Till]I Iall Oklahoma Municipal Retirement Fund (OkMRF) serves as the retirement plan for employees not covered by the State Police or State Fire Pension plans. The City Council, acting as the OkMRF Retirement Committee, must approve applications for retirement. To be eligible for retirement benefits through OkMRF an employee must have a minimum of five years of employment. Once an employee has five years of service the employee is considered vested and upon leaving employment with the City has three options depending upon age. 1. Normal Retirement is available to a vested employee age 65 or older, or age 62 with thirty years of service. 2. Early Retirement is available to a vested employee between ages 55 and 65. 3. Deferred Retirement is available to a vested employee under the age of 65. Deferred Retirement allows an employee to "defer" retirement benefits until a future date. Timothy Rooney was employed with the City from October 5, 1992 to September 4, 2009. Mr. Rooney is vested and has applied for, and meets the prerequisites for, Early Retirement. RECOMMENDATION: Staff recommends approval of Early Retirement benefits for Timothy Rooney. TO: The Honorable Mayor and City Council FROM: Julie Trout Lombardi, City Attorney SUBJECT: Proposed Use Easement at 405 West 2nd Avenue DATE: November 15, 2024 BACKGROUND: On October 7, 2024, City staff was contacted by attorney Aubra Drybread, representing JEEM Properties, LLC ("JEEM"), regarding a property located at 405 West 2nd Avenue in Owasso. JEEM owns the building at that location and recently became aware that the structure's air conditioning units encroach onto property owned by the City. The City has no objections to or concerns with the location of the air conditioning units. Consequently, Ms. Drybread drafted the proposed Use Easement granting JEEM an easement upon the City's property where the air conditioning units are located. This Use Easement shall be applicable only to the area of the property containing the air conditioning units and shall remain in effect as long as the air conditioning units remain in their current location. The Use Easement shall automatically terminate if and when the units are removed or are relocated in the future. PROPOSED ACTION: Approval and granting of the proposed Use Easement and authorization for the Mayor to execute. RECOMMENDATION: Staff recommends the City Council approve and grant the proposed Use Easement at 405 West 2nd Avenue upon the property described as Tract B and upon which the air conditioning units are located, and authorize the Mayor to execute said easement. ATTACHMENT: Use Easement USE EASEMENT This Use Easement is executed this I day of 2024, by and between DEEM Properties, LLC, hereinafter referred to as Party of the First Part and the City of Owasso, hereinafter referred to as Party of the Second Part. wit: WHEREAS, Party of the First Part is the owner of: A tract of land situated in the Southwest Quarter (SW/4) of Section Thirty (30), 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: BEGINNING at the Southwest Comer of the "AMENDED PLAT OF ATCHISON, TOPEKA AND SANTA FE", an Addition to the City of Owasso, Tulsa County, Oklahoma, according to the recorded Plat thereof; Thence N 89°59'14" W for 148.00 feet; Thence N 00°07'56" W for 1550.24 feet; Thence S 44°49'56" E for 210.41 feet; Thence S 00°07'56" E and along the West line of said "AMENDED PLAT OF ATCHISON, TOPEKA AND SANTA FE" FOR 1401.06 feet to the POINT OF BEGINNING. Hereinafter referred to as Tract A. AND, Party of the Second Part is the owner of the real property described as follows, to - A tract of land located in the Southwest Quarter (SW/4) of Section Thirty (30) of Township Twenty-one (21) North and Range Fourteen (14) East of the Indian Base and Meridian (I.B.&M.), according to the U.S. Government Survey, thereof, Tulsa County, State of Oklahoma; being more particularly described as follows: Commencing at the SW comer of the SWA of Sec. 30, T-21-N, R-14-E, I.B.&M.; thence N 89'00'43" E along the south line of said SWA 1549.87 feet; Thence N 01°07'59" W a distance of 78.00 feet to the Point of Beginning; Thence S 89"00'43" W a distance of 120.00 feet; Thence N 01'07'55" W a distance of 1107.47 feet; Thence N 24'31'58" W a distance of 694.89 feet; Thence N 43'42'45" W a distance of 465.27 feet; Thence N 52°18'58" W a distance of 364.67 feet; Thence N 85'33'25" W a distance of 272.66 feet; Thence S 88°42'04" W a distance of 317.98 feet to the west line of said SWA; Thence N 01°56'53" W along the west line of said SWA a distance of 100.00 feet to the southerly railroad right-of-way; Thence N 88°42'04" E along said southerly railroad right-of-way (until otherwise noted) a distance of 434.41 feet; Thence along a curve to the right having a radius of 528.81 feet, a central angle of 38' 19'01 ", a chord length of 347.09 feet, a chord bearing of S 72°08'26" E, for a distance of 353.65 feet, Thence S 1 55'06'24" E a distance of 135.68 feet; Thence S 45°46'02" E a distance of 586.39 feet; Thence S 44*13'58" W a distance of 40.58 feet; Thence S 45"46'02" E a distance of 470.05 feet; Thence S 01 °07'55" E and leaving said southerly railroad right-of-way a distance of 1470,48 feet to the Point of Beginning, and containing 9.846 acres, more or less. Hereinafter referred to as Tract B. VVMREAS, the air conditioning units which are owned by Party of the First Part, encroaches onto a part of Tract B and the Party of the Second Part is agreeable to granting the Party of the First Part a Use Easement for the area upon which said air conditioning units sit; THEREFORE, Party of the Second Part does hereby grant to the Party of the First Part the following use easement, which covers the area upon which said air conditioning units sit on the East side of Tract B, described as above. The Parties do hereby agree that said Use Easement shall be solely for the purposes of the air conditioning units and none other. The Parties further agree that this Use Easement shall remain in full force so long as the air conditioning units remain in its present location or until replacement or removal of the air conditioning units and shall terminate under its own terms upon the replacement or removal of said air conditioning units from Tract B. This Use Easement Agreement shall be binding upon the Parties hereto, their heirs, personal representatives, successors and assigns. WHEREFORE, the parties have hereunto affixed their signatures the date and year first above written. PARTY OF THE FIRST PART: JEEM Properties, LLC, an Oklahoma limited liability company gq-+AW - Matthew Shields, Member/Manager PARTY OF THE SECOND PART: City of Owasso M Name Title STATE OF OKLAHOMA ) ) ss. COUNTY OF TULSA } (Before me, the undersigned, a Notary Public in and for said County and State, on this (' �&ay of &c Lo, ,-- , 2024, personally appeared Matthew Shields, Member/Manager zti of JEEM Propees, LLC, Party of the First Part to me known to be the identical person who executed the within and foregoing Use Easement Agreement as his free and voluntary act and deed, for the purposes as set out therein. Given under my hand and seal of office the day and year last above written. My Commission Expires: rz b - %� Q Notary Public Commission # IS(A) G 412/ ill 10 ,6�50 .Ew........ TO: The Honorable Mayor and City Council FROM: Michele Dempster, Human Resources Director SUBJECT: Ordinance 1225, Oklahoma Municipal Retirement Plan Amendments DATE: November 15, 2024 BACKGROUND: The Oklahoma Municipal Retirement Fund (OkMRF) serves as the retirement plan for employees who do not participate in the State Police or State Fire Retirement plans. As the OkMRF Retirement Committee, the City Council is required to approve updates and amendments to the plan. To ensure compliance with the Internal Revenue Service (IRS), the OkMRF Defined Benefit Master Plan and Joinder Agreement have recently been updated and approved by the IRS. These updates include both mandatory changes and clarification in the plan language. OkMRF member cities are required to formally adopt these changes through the approval of an Ordinance and Joinder Agreement. RECOMMENDATION: Staff recommends adoption of Ordinance 1225, amending the Oklahoma Municipal Retirement Fund Defined Benefit Plan Joinder Agreement, and the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan. ATTACHMENTS: Summary of Changes Ordinance 1225 McAFEE&TAFT A PROFFS51ONAL CORPORATION 8TH FLOOR • TWO LEADERSHIP SQUARE 211 NORTH ROBINSON - OKLAHOMA CITY, OK 73102-7103 (405) 235-9621 • FAX (405) 235-0439 www.mcafeetaft.com MEMORANDUM TO: Oklahoma Municipal Retirement Fund FROM: McAfee & Taft A Professional Corporation (John A.Papahronis) DATE: February 21, 2023 RE: Oklahoma Municipal Retirement Fund Master Defined Benefit Plan and Joinder Agreement —Summary of Material Changes The following summary compares the current version of the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan and Joinder Agreement with the version recently approved by the Internal Revenue Service: A. 'Master Defined Benefit Plan Sec. Feature Current Version Newly -Approved Version 2.1(b) Definition of Actuarial 1983 GAM 83 Mortality Pub-2010 Public Retirement Plans Equivalent Table and Appendix Mortality Table and 7.25% interest rate, actuarial tables effective for annuities starting after effective date 2.1(c) Definition of Aggregate Definition of Adjustment Deletes definition of Adjustment Factor Contributions Factor and substitutes definition of Aggregate Contributions 2.1(m) Definition of References rate Clarified definition to refer to employer Contribution determined by Trustees contributions pursuant to Section 3.6 of Accumulation MP and Section 12 of JA; clarifies interest rate as rate eamed by the Fund 2.1(n) Definition of DC None Adds specific definition to relate to the Employer Contribution Defined Contribution Option described in new Section 3.6 of MP 2.1(x) Definition of Hour of None Adds specific definition Service 2.1(11) Definition of Retirement Participant must satisfy Adds that participant must also attain age requirements for a for Early Pension Pension 330324I6 I 2.1(00) Definition of Spouse Lengthy and wordy Simplified to refer to federal tax law definition that follows US Supreme Court decision 2.1(mm) Definition of Service For participant 100% Clarified that prior service counts (6) vested in another regardless of Break in Service Municipality's plan, include prior service 3.3 Contributions by Allows employees an Deletes ongoing ability to elect to Participants ongoing ability to elect to participate. Employee must elect to participate in the plan participate upon eligibility 3.6 Defined Contribution Brief provision in Item Full description of Defined Contribution Option #12 of JA Option which can be elected by employer in #12 of JA 4.1 Normal Pension Participant eligible for Participant's Normal Pension is non - Normal Pension forfeitable upon attainment of Normal Retirement Age 4.2 Early Pension Doesn't address rehired Early Pension not suspended for retired employees employee in ineligible classification 4.3 Disability Pension Participant is disqualified Eliminates the exclusion. Makes clear that if due to injury in Normal Pension will recommence upon military service and reaching Normal Retirement Age obtains a veteran's disability pension 6.1 Severance Benefit Upon termination prior to Upon termination, participant can elect to retirement, participant receive Severance Benefit, or after can elect to receive Normal, Early, Disability or Deferred Severance Benefit, or if Vested Pension, he receives his pension after participant met the unless he elects return of Aggregate requirements for Contributions Deferred Vested Pension 6.4(a)(1) Spouse's Pension; In- Eligibility requirement Deleted that requirement Service Death includes participant had not retired or begun pension 6.8 Defined Contribution None. Brief language in New full description of Defined Option Joinder Agreement Contribution Option 7.1 Joint and Survivor Includes description of Changes references from "contingent Options reduction for contingent pensioner" to "survivor pensioner." pensioner Deletes description of reduction 7.2 Other Forms of Payment Option D — Insured Changed to Convert Defined Contribution annuity & Option E— Option to Pension Periodic Installments New Option F — Partial Lump Sum Calculations based on Deletes reference to Appendix and rate actuarial tables in Appendix I and interest rate of 7 %z% Includes references to Deleted —not necessary distribution notice time periods 7.3 Restrictions on Optional Describes when election Deletes reference that Participant can elect Forms of Optional Form can an option without approval of Authorized occur Agent within six months of plan by employer Election becomes Change to surviving upon the date operative if no contingent payments are to commence after pensioner is surviving participant's retirement upon participant's death 7.6 Rollover to Another Definitions of Eligible Updates definitions for IRS requirements Plan or IRA Rollover Distribution, Eligible Retirement Plan and Distributee 8.3 Notice of Transfers Notice of transfer must Deletes reference to "immediately" be given immediately after transfer 9.5 Benefits Payable to Committee has discretion Deletes Committee discretion. Payments Incompetents to make payments due to will be made to power of attorney or court incompetents or minors appointed legal guardian to parent, spouse, relative or legal representative 10.6 IRS Limit on Benefits Fractional credit for Year Deleted (§415)—Year of Service of Service 10.7 Participant Limitation — Section 415 limitation on Includes additional IRS required language Defined Contribution contributions to Defined Option Contribution Option 10.8 Re-employment of Reemployed participant Participant will receive service after Former Employees receives credit for prior satisfying vesting requirement. If a Break period if no distribution in Service occurs and employer has established a new hire retirement plan, participant is enrolled in new hire retirement plan 10.9(a) Re-employment of After retired employee's Simplifies to say pension will be based on Retired Participants— termination, pension will Average Monthly Compensation and Deferred Vested be based on Service Participants compensation and service during rebire but if formula is reduced during absence, pension shall be based on prior and subsequent compensation and service 12.3 Authority of Volume Describes adopting Updates language for IRS current Submitter Practitioner employer reliance and requirements Practitioner's ability to adopt standard interim amendments 13.2 Liquidation of Fund Describes order of Clarifies that Contribution Accumulation liquidation upon is first, Aggregate Contributions second termination of plan 14.9 Incorporation of Trust Incorporates provisions Adds IRS required language that the Agreement of Trust provisions of Plan override any conflicting provisions of the Trust or custodial documents Signature Practitioner information Deleted Page Appendix I I Actuarial factors Deleted B. Joinder Agreement See. Feature Current Version Newlv-Annroved Version 2 Definition of Employee Contains exclusions and Excludes volunteer firefighters. Adds provides a fill in option definitely determinable restriction to fill in option 5c Normal Retirement Age Two alternatives: (i) age Adds 5 years of service requirement to age 65, or (ii) earlier of age 65 65 option; adds fill in for age and service of or the later of age 62 or second option. IRS requested caveat that 30 years of service definition must comply with IRS final regulations when issued 9 Cost of Living Option Addresses COLA Adds possibility of COLA decreases (COLA) increases I Limitation on Optional Lists the optional forms of Cross references to Master Plan and deletes Benefit Forms benefit and allows discretion Retirement Committee discretion 12 Defined Contribution Very brief description of Cross references to a full provision in the Option Defined Contribution Master Plan Option Sig. page Reliance on Sponsor None Includes new IRS required language Opinion Letter describing ability of adopting employers to rely on IRS approval of plan document CITY OF OWASSO, OKLAHOMA ORDINANCE 1225 AN ORDINANCE AMENDING THE EMPLOYEE RETIREMENT SYSTEM, DEFINED BENEFIT PLAN FOR THE CITY OF OWASSO, OKLAHOMA BY ADOPTING A REVISED AND RESTATED RETIREMENT PLAN; PROVIDING RETIREMENT BENEFITS FOR ELIGIBLE EMPLOYEES OF THE CITY OF OWASSO, OKLAHOMA; PROVIDING FOR PURPOSE AND ORGANIZATION; PROVIDING FOR DEFINITIONS; PROVIDING FOR ELIGIBILITY AND PARTICIPATION; PROVIDING FOR NON -ALIENATION OF BENEFITS; PROVIDING FOR EMPLOYER AND EMPLOYEE CONTRIBUTIONS; PROVIDING FOR ACCOUNTING, ALLOCATION, AND VALUATION; PROVIDING BENEFITS; PROVIDING FOR REQUIRED NOTICE; PROVIDING FOR AMENDMENTS AND TERMINATION; PROVIDING FOR TRANSFER TO AND FROM OTHER PLANS; CREATING A RETIREMENT COMMITTEE AND PROVIDING FOR POWERS, DUTIES, AND RIGHTS OF RETIREMENT COMMITTEE; PROVIDING FOR PAYMENT OF CERTAIN OBLIGATIONS; PROVIDING FOR DURATION AND PAYMENT OF EXPENSES; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR VESTING SCHEDULES; PROVIDING FOR A FUND TO FINANCE THE SYSTEM TO BE POOLED WITH OTHER INCORPORATED CITIES, TOWNS AND THEIR AGENCIES AND INSTRUMENTALITIES FOR PURPOSES OF ADMINISTRATION, MANAGEMENT, AND INVESTMENT AS PART OF THE OKLAHOMA MUNICIPAL RETIREMENT FUND; PROVIDING FOR PAYMENT OF ALL CONTRIBUTIONS UNDER THE SYSTEM TO THE OKLAHOMA MUNICIPAL RETIREMENT FUND FOR MANAGEMENT AND INVESTMENT, PROVIDING FOR REPEALER AND SEVERABILITY; ADOPTING THOSE AMENDMENTS MANDATED BY THE INTERNAL REVENUE CODE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: Section 1: That pursuant to the authority conferred by the laws of the State of Oklahoma, and for the purpose of encouraging continuity and meritorious service on the part of City employees and thereby promote public efficiency, there is hereby authorized created, established, and approved and adopted, effective as of January 1, 2025, the amended and restated Plan designated "Employee Retirement System of the City of Owasso, Oklahoma, Defined Benefit Plan," (hereinafter called System), an executed counterpart of which is marked Exhibit "A" (Joinder Agreement) and Exhibit'B" (amended and restated plan) and attached hereto as part hereof. Section 2. FUND. A fund is hereby provided for the exclusive use and benefit of the persons entitled to benefits under the System. All contributions to such fund shall be paid over to and received intrust for such purpose by the City. Such Fund shall be pooled for purposes of management and investment with similar funds of other incorporated cities, towns, and municipal trusts in the State of Oklahoma as a part of the Oklahoma Municipal Retirement Fund in accordance with the trust agreement of the Oklahoma Municipal Retirement Fund, a public trust. The City shall hold such contributions in the form received, and from time to time pay over and transfer the some to the Oklahoma Municipal Retirement Fund, as duly authorized and directed by the Board of Trustees. The Fund shall be nonfiscal and shall not be considered in computing any levy when the annual estimate is made to the County Excise Board. Section 3. APPROPRIATIONS. The City of Owasso, Oklahoma, is hereby authorized to incur the necessary expenses for the establishment, operation, and administration of the System, and to appropriate and pay the Ordinance 1225 Page 1 of 2 some. In addition, the City of Owasso, Oklahoma, is hereby authorized to appropriate annually such amounts as are required in addition to employee contributions to maintain the System and the Fund in accordance with the provisions of the Defined Benefit Plan. Any appropriation so made to maintain the System and Fund shall be for deferred wages or salaries, and for the payment of necessary expenses of operation and administration to be transferred to the trustees of the Oklahoma Municipal Retirement Fund for such purposes and shall be paid into the Fund when available, to be duly transferred to the Oklahoma Municipal Retirement Fund. Section 4. EXECUTION. The Mayor and City Clerk be and they are each hereby authorized and directed to execute (in counterparts, each of which shall constitute an original) the System instrument, and to do all other acts and things necessary, advisable, and proper to put said System and related trust into full force and effect, and to make such changes therein as may be necessary to qualify the same under Sections 401(a) and 501(a) of the Internal Revenue Code of the United States. The counterpart attached hereto as Exhibit "A" and Exhibit "B", which has been duly executed as aforesaid simultaneously with the passage of this Ordinance and made a part hereof, is hereby ratified and confirmed in all respects. This Committee is hereby authorized and directed to proceed immediately on behalf of the City of Owasso, Oklahoma, to pool and combine the Fund into the Oklahoma Municipal Retirement Fund as a part thereof, with similar funds of such other cities and towns, for purposes of pooled management and investment. Section 5. REPEALER. Any Ordinance inconsistent with the terms and provisions of this Ordinance is hereby repealed, provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this Ordinance. Section 6. SEVERABILITY If, regardless of cause, any section, subsection, paragraph, sentence or clause of this Ordinance, including the System as set forth in Exhibit "A" and Exhibit "B", is held invalid or to be unconstitutional, the remaining sections, subsections, paragraphs, sentences, or clauses shall continue in full force and effect and shall be construed thereafter as being the entire provisions of this Ordinance. ***END*** ATTEST: Juliann M. Stevens, City Clerk PASSED AND ADOPTED 19rh day of November, 2024 M Alvin Fruga, Mayor APPROVED as to form and legality on this _day of 2024. Julie Lombardi, City Attorney Ordinance 1225 Page 2 of 2 Exhibit A OKLAHOMA MUNICIPAL RETIREMENT FUND MASTER DEFINED BENEFIT PLAN JOINDER AGREEMENT City of Owasso [a municipality chartered, incorporated or formed under the laws of Oklahoma], a city, town, agency, instrumentality, or public trust located in the State of Oklahoma, with its principal office at Owasso, Oklahoma, hereby establishes a Defined Benefit Plan to be known as City of Owasso Plan (the "Plan") in the form of The Oklahoma Municipal Retirement Fund Master Defined Benefit Plan. Except as otherwise provided herein, the definitions in Article 11 of the Plan apply. 1. Dates. [ ] This instrument is a new Plan effective _ (the "Effective Date") [such date may not be earlier than the first day of the Plan Year in which it is executed]. [ X ] This instrument is an amendment, restatement and continuation of the Previous Plan, which was originally July 1, 1972. The effective date of this Joinder Agreement is January 1, 2025 (the "Effective Date") [such date may not be prior to the first day of the Plan Year of the date of adoption], except as otherwise stated in the Plan and the Joinder Agreement. 2. Employee. The word "Employee" shall mean: [ X ] Any person other than a Leased Employee who, on or after the Effective Date, is considered to be a regular full-time employee in accordance with the Employer's standard personnel policies and practices, and is receiving remuneration for such services rendered to the Employer (including any elected official and any appointed officer or employee of any department of the Employer, whether governmental or proprietary in nature), including persons on Authorized Leave of Absence. Employees shall not include independent contractors or volunteer firefighters. Elected members of the City Council shall not be considered to be Employees solely by reason of their holding such office. [ ] Any person other than a Leased Employee who, on or after the Effective Date, is considered to be a regular employee in accordance with the Employer's standard personnel policies and practices (including part- time, seasonal and temporary employees), and is receiving remuneration for such services rendered to the Employer (including any elected official and any appointed officer or employee of any department of the Employer, whether governmental or proprietary in nature), including persons on Authorized Leave of Absence. Employees shall not include independent contractors. Elected members of the City Council shall not be considered to be Employees solely by reason of their holding such office. [ ] Any person who, on or after the Effective Date, is an employee of the Employer and holds the position of: [ ] City Manager, City or Town Administrator, President, Chief Executive Officer, General Manager, or District Manager, as applicable. [ ] Assistant City Manager [ ] Chief of Police [ j Fire Chief [ ] Department Head or Department Manager [ ] Finance Director or Chief Financial Officer [ ] General Counsel or Municipal Attorney [ ] Municipal Judge [ ] _ (specify position) [do not specify the name of the individual or a finite group unless the Plan otherwise provides continuing eligibility to a specified position or group] The word "Employee" shall not include: [ X ] Any person who is currently accruing benefits under any other state or local retirement system. [ ] Any person in the following position and who is covered under another retirement program of system approved by the City: [ ] City Manager, City or Town Administrator, President, Chief Executive Officer, General Manager, or District Manager, as applicable. [ ] Assistant City Manager [ ] Chief of Police [ ] Fire Chief (] Department Head or Department Manager [ ] Finance Director or Chief Financial Officer [ ] General Counsel or Municipal Attorney [ ] Municipal Judge [ ] (specify position) [do not specify the name of the individual or a finite group unless the Plan otherwise provides continuing eligibility to a specified position or group] [ ] Any person who is — [must be definitely determinable] 3. Eligibility. Eligible Employees shall commence participation in the Plan: (Select only one) [ ] months (any number of months up to twelve consecutive) after the Employee's Employment Commencement Date or the date the individual meets the definition of Employee in Section 2 hereof, provided that the individual has met the definition of Employee in Section 2 hereofthroughout such period. [ X ] On the Employee's Employment Commencement Date. 4. Definition of Compensation. Compensation shall exclude the item(s) listed below: [ ] No exclusions. [ ] Overtime pay. [ X ] Bonuses. [ X ] Commissions. [ ] Longevity pay. [ X ] Severance pay. [ X ] Accrued vacation or sick leave paid upon termination of employment and moving expenses. [ X ] Fringe benefits, expense reimbursements, deferred compensation and welfare benefits. [ ] Other: [must be definitely determinable] 5. Average Monthly Compensation. The considered period for purposes of the definition of "Average Monthly Compensation" in Section 2.1 of the Plan is: [ X ] sixty (60) consecutive months. [ ] thirty-six (36) consecutive months. 6. The Employer hereby elects the following Plan design: [ X ] Mandatory Contribution Option. A Participant shall be required to contribute to the Plan for each Plan Year the percentage of his Compensation ("Mandatory Contributions") required by the Plan in Section 8 of this Joinder Agreement. Mandatory Contributions shall be made by payroll deductions. A Participant shall authorize such deductions in writing on forms approved by, and filed with, the Committee. If the Participant's Mandatory Contributions pursuant to the preceding paragraph are to be taxed deferred: [ X ] Pick Up Option. The Employer hereby elects to have the provisions of Section 3.4 of the Plan apply. The Employer shall pick up and pay the percentage of each Participant's Compensation required to be contributed as of July 1, 1992 [insert date] in lieu of contributions by the Participant. No Participant shall have the option of receiving the contributed amounts directly as Compensation. [ ] Non -Contributory Option. Participants shall not be required nor permitted to contribute to the Plan. 7. A. Payment Options. The Employer hereby elects the following minimum number of payments for employees eligible to receive benefits under Article IV of the Plan: [ X ] Sixty (60) monthly payments. [ ] One hundred and twenty (120) monthly payments. B. Plan Options. The Employer hereby elects the following plan designation and percentage used in calculating benefits under Section 5.1 of the Plan. [ ] Plan AAA — 3.00% with no maximum Years of Service [ ] Plan AAA — 3.00% recognizing a maximum of 22 Years of Service [ X ] Plan AA 2.625% [ ] Plan BB 2.25% [] Plan CC 1.875% [ ] Plan A 1.50% [ ] Plan B 1.125% [ ] Plan C .75% C. Normal Retirement Age. Normal retirement age shall be: [ ] age 65 with completion of five (5) Years of Service [ X ] The earlier of (i) and (ii) as follows: (i) age 65 with completion of five (5) Years of Service (ii) the later of (a) or (b), where (a) and (b) are as follows: (a) [ X ] age 62 [ ] (b) [ X ] the age at which the Participant has completed 30 Years of Service. [ ] the age at which the Participant has completed Years of Service Examples: An employee hired at age 20 who worked for 30 years and terminated at age 50 would be entitled to unreduced payments at age 62. An employee hired at age 30 who worked for 25 years and terminated at age 55 would be entitled to unreduced payments at age 65. Exhibit A —Page 2 [ J Modified Rule of 80: The earlier of (i) and (ii) as follows: (i) age 65 with completion of five (5) Yeats of Service (ii) the later of age 55 and the age at which the sum of the Participant's age in completed years and the participant's number of completed Years of Service in the Fund total 80 or greater. To be eligible, the Participant's age plus Years of Service in the Fund must be at least 80 prior to termination of employment (or, after termination of employment in the case of a Participant who transfers to another Municipality in accordance with Section 8.1(b) of the Plan). Examples: 1. An employee hired at age 30 who worked for 25 years and terminated at age 55 would be entitled to unreduced payments immediately. Age 55 plus 25 years equals 80. 2. An employee hired at age 20 who worked for 30 years and terminated at age 50 would be entitled to unreduced payments at age 55. The employee has age plus Years of Service points at age 50 but the minimum age for payment is 55. 3. An employee hired at age 25 who worked for 25 years and terminated at age 50 would be entitled to unreduced payments at age 65. Age 50 plus 25 years is less than 80, so the Normal Retirement Age is 65. [Note: The Normal Retirement Age of an employer's plan must comply with the final NRA regulations under Treas. Reg § 1.401(a)-l(b) applicable to governmental pension plans effective for employees hired during plan years beginning on or after the close of the first regular legislative session of the legislative body with the authority to amend the plan that begins on or after the date that is three (3) months after the final regulations are published in the Federal Register.] D. Vesting Options. The Employer hereby elects the following vesting option to determine an Employee's eligibility to receive retirement benefits. [ ] Ten Year Cliff Vesting Schedule [ ] Seven Year Cliff Vesting Schedule [ X ] Five Year Cliff Vesting Schedule E. Service Credit Prior to Effective Date. The Employer hereby elects to include the following limitation of service prior to the effective date. [ X ] No limitation [ X ] For all purposes under the Plan [ ] With respect to Service for purposes of vesting and attainment of Normal Retirement Age [ ] Service credit prior to the effective date shall not exceed years [ ] For all purposes under the Plan [ ] With respect to Service for purposes of benefit accruals. F. Service Buyback. The Employer hereby elects [ ] No service buyback pursuant to Section 10.10 of the Plan [ X ] The service buyback provisions of Section 10.10 of the Plan. G. Service for Worker's Compensation Period. If a Participant is on an Authorized Leave of Absence and is receiving worker's compensation during such Authorized Leave of Absence, such Participant [ X ] shall be credited with Service for such period for purposes of vesting only and not for purposes of benefits, but no Employee contributions shall be made with respect to the Participant for such period. [ ] shall not be credited with Service for such period. Exhibit A— Page 3 8. Contributions by Participants. If Participants are required to contribute to the cost of providing benefits under this Plan, such contributions shall be based on the plan designation selected in Section 713 above and shall apply to pay periods commencing on and after July 1, 2001. a. [ ] The Participant contribution formula in Section 3.3 of the Plan shall use the following percentage for the Plan Option selected in Section 7B of this Joinder Agreement: Plan AAA — 6.00% Plan AA - 5.25% Plan BB - 4.50% Plan CC - 3.75% Plan A — 3.00% Plan B - 2.25% Plan C - 1.50% b. [ X ] The contribution formula shall be 4.26% [insert number between 0 and twelve] of compensation. c. [ ] The contribution as annually determined each year shall be shared by the Participant and Employer as follows: Employee portion % Employer portion % (Participant plus Employer percentages must total 100%.) The contribution will be actuarially determined based on Plan assets and liabilities as of January 1 of each year as a percent of payroll, which will then be shared between the Employer and Participant as noted above. These contribution rates will be in effect from July 1 of that year until June 30 of the subsequent year. 9. Cost -of -Living Option. For purposes of adjusting retiree and beneficiary pensions, the Employer hereby elects the following: [ X ] No Cost -of -Living Option. [ ] Cost -of -Living Option. This election applies to Sections 5.1 (Normal Pension), 5.2 (Early Pension), 5.3 (Disability Pension), 5.4 (Deferred Vested Pension), 6.2 (Death Prior to Commencement of Pension), 6.3(a) and 6.3(b) (Death After Commencement of Pension), and 6.4 (Spouse's Pension) and provides annual benefit increases or decreases of the smaller of three percent (3%) or the percentage change in the Consumer Price Index. The effective date of the Cost -Of -Living Option shall be, the original date that the Employer elected the Cost -Of -Living Option. 10. Retiree Plan Improvement Option. Benefits payable to or on behalf of a former Employee under Article V, Article VI, or Article VII of the Plan, which are due or in the course of payment on or after the Effective Date of this Joinder Agreement, shall [ ] be increased according to the Plan Option elected herein. Such increased benefits shall be reflected in any periodic payments due or paid on or after the Effective Date of the Joinder Agreement. It is not intended for this change to be retroactive and any periodic payments due prior to such date shall not be affected. [ ] be increased by % effective . Such increased benefits shall be reflected in any periodic payments due or paid after such date. It is not intended for this change to be retroactive and any periodic payments due prior to such date shall not be affected. [ X ] not be increased unless such former Employee is subject to Section 10.8 or 10.9 of the Plan, but shall continue to be paid under the terns of the Previous Plan. 11. Limitations on Optional Benefit Forms. Section 7.2 of the Plan provides for a lump sum payment form, an installment payment form that would be payable over a fixed number of years (at which time all payments would cease), or the purchase of an insured annuity. The Employer hereby elects the following: [ X ] Optional benefit forms under Section 7.2 of the Plan will not be permitted. [ ] Optional benefit forms under Section 7.2 of the Plan will be permitted, subject to Retirement Committee approval for any such elections by a Participant, subject to the following limitation(s): (The above election has no effect on thejoint and survivor optional benefit forms under Section 7.1). Exhibit A- Page 4 12. Defined Contribution Option. [ X ] Not applicable. [ ] Participant shall be entitled to the benefit under this option as described in Sections 3.6 and 6.8 of the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan, in addition to the benefit determined according to Section 7B. Each Participant shall be required to contribute to the Plan _% of his or her Compensation. Those contributions shall be picked up and assumed by the Employer and paid to the Fund in lieu of contributions by the Participant. No Participant shall have the option of receiving the contributed amounts directly as Compensation. This option shall be effective rinclude the earlier of the date this Option was originally adopted in a Joinder Agreement or the date of adoption in the current Plan Year]. 13. The Employer has consulted with and been advised by its attorney concerning the meaning of the provisions of the Plan and the effect of entry into the Plan. IN WITNESS WHEREOF the City of Owasso has caused its corporate seal to be affixed hereto and this instrurnent to be duly executed in its name and behalf by its duly authorized officers this day of Attest: Title: (SEAL) City of Owasso 0 Exhibit A— Page 5 The foregoing Joinder Agreement is hereby approved by the Oklahoma Municipal Retirement Fund this day of Attest: OKLAHOMA MUNICIPAL RETIREMENT FUND M Secretary (SEAL) Required Disclosures. This Joinder Agreement is to be used only with the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan. Failure to properly complete this Joinder Agreement may result in failure of the Plan to qualify under Code Section 401(a). In accordance with IRS Rev. Proc. 2017-41, the Provider (as defined in Rev. Proc. 2017-41) who has obtained Internal Revenue Service approval of the Oklahoma Municipal Retirement Fund Master Defined Benefit Plan has authority under the Plan document to amend the Plan on behalf of adopting employers for certain changes in the Code, regulations, revenue rulings, other statements published by the Internal Revenue Service, including model, sample or other required good faith amendments. The Provider will inform adopting employers of any such amendments or of the discontinuance or abandomnent of the Pre -Approved Plan document. The name, address and telephone number of the Provider are: McAfee & Taft A Professional Corporation, 8th Floor, Two Leadership Square, 211 N. Robinson, Oklahoma City, OK 73102, telephone (405) 552-2231. Any inquiries by the adopting employer regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the Internal Revenue Service advisory letter on the Pre -Approved Plan may be directed to the Provider. Reliance on Sponsor Opinion Letter. The Provider has obtained from the IRS an Opinion Letter (as defined in Rev. Proc. 2017-41) specifying the form of this Joinder Agreement and the basic plan document satisfy, as of the date of the Opinion Letter, Code §401. An adopting Employer may rely on the Preapproved Plan Sponsor's IRS Opinion Letter only to the extent provided in Rev. Proc. 2017-41. The Employer may not rely on the Opinion Letter in certain other circumstances or with respect to certain qualification requirements, which are specified in the Opinion Letter and in Rev. Proc. 2017-41 or subsequent guidance. In order to have reliance in such circumstances or with respect to such qualification requirements, the Employer must apply for a determination letter to Employee Plans Determinations of the IRS. Exhibit A —Page 6 Exhibit B OI LAHOMA MUNICIPAL RETIREMENT FUND MASTER DEFINED BENEFIT PLAN OKLAHOMA MUNICIPAL RETIREMENT FUND MASTER DEFINED BENEFIT PLAN TABLE OF CONTENTS ARTICLE I. Purpose and Organization........................................................... Page ...............I-1 1.1 Purpose ... ................................................................................... ........................................ I-1 1.2 Parties................................................................................................................................I-I ARTICLE II. Definitions and Construction..... ......... I ............ .......... I ... I1-1 2.1 Definitions........................................................................................................................II-1 (a) Accrued Pension............................................................................................. II-1 (b) Actuarial Equivalent ................................................. ...................................... 11-1 (c) Aggregate Contributions ................................... .............................................. II-1 (d) Authorized Agent........................................................... ................................. 11-2 (e) Authorized Leave of Absence ....................................... (f) Average Monthly Compensation .................................. (g) Beneficiary.................................................................... (h) Break in Service............................................................ (i) City Council �1 ..................................11-2 .................................. U-2 ................................. II-2 ....................... II-2 ....................... II-2 ....................... II-2 wai ........ II-4 ........ II-4 ........ II-4 ..................................................................................................... TI 4 (r) Disability Pension........................................................................ (s) Early Pension............................................................................... (t) Effective Date.............................................................................. (u) (v) (w) (x) (Y) (z) (aa) (bb) (cc) (dd) (ee) (ft) (99) (hh) ..................... ......................................... I ......... . il) Code..................................................................................... (k) Committee............................................................................ (1) Compensation...................................................................... (m) Contribution Accumulation ................................................. (n) DC Employer Contributions ................................................ (o) Death Benefit....................................................................... (p) Deferred Vested Pension ...................................................... (a) Disability Employer.............................................................. Employment Commencement Date ..................... Fund..................................................................... Hourof Service .................................................... Joinder Agreement ............................................... LeasedEmployee ................................................. Limitation Compensation ..................................... Municipality.......................................................... Normal Pension ..................................................... Normal Retirement Date ....................................... Oklahoma Municipal Retirement Fund ................ Participant .................... Pension ......................... Plan.............................. .......................................... U-4 ......................................... U-4 ................................ ......... 1I-4 ......................................... II-4 ......................................... II-5 ............................. U-5 ......................................... II-5 ......................................... II-5 .............................. II-5 M15i .............................................. II-5 .............................................. II-5 6.8 Defined Contribution Option .......................................... ............................................... VI-5 ARTICLE VII.Optional Retirement Benefits .......................... ............................. ................... VII-I 7.I Joint and Survivor Options...........................................................................................VII-1 7.2 Other Forms of Payment .................................................. ............................................. VII-I 7.3 Restrictions on Optional Forms....................................................................................VII-2 7.4 Other Benefits Canceled by Option..............................................................................VII-2 7.5 Options by Former EmpIoyee.......................................................................................VII-3 7.6 Rollover to Another Plan or IRA ............. ..................................................................... VII-3 7.7 Minimum Distribution Requirements...........................................................................VII-4 ARTICLE VIII. Employment Transfers................................................................................. VIII-1 8.1 Transfers From This Plan .................................... ............................ .........................:.. VIII-1 8.2 Transfers to This Plan................................................................................................. VIII-I 8.3 Notice of Transfers..................................................................................................... VIII-2 ARTICLE IX. Administration.................................................. ................................................. IX-1 9.1 Administration .............................. ................................................................................. LY-1 9.2 Bonds.............................................................................................................................IX-4 9.3 Benefit Payments...........................................................................................................IX-4 9.4 Abandonment of Benefits..............................................................................................IX-4 9.5 Benefits Payable to Incompetents..................................................................................IX-4 9.6 No Participant Loans Permitted.....................................................................................IX-5 ARTICLEX. Limitations........................................................................................................... X-1 10.1 Limitations on Benefits Relating to Section 415 of Internal Revenue Code of I986,.... X-1 10.2 Definitions ....................................................................................................................... X-1 10.3 Predecessor Employer.........................................................................................I.......... X-10 10.4 Severance from Employment. ................................... .............. .................................... X-I0 10.5 Year of Participation..................................................................................................... X-11 10.6 Other Rules: .................................................................................................. ............... X-11 10.7 Participant Limitation Applicable to Defined Contribution Option ............................. X-12 10.8 Re-employment of Former Employees......................................................................... X-13 10.9 Re-employment of Retired Participants........................................................................ X-13 10.10 Buyback of Service....................................................................................................... X-14 ARTICLE XI. Guarantees and Liabilities.................................................................................XI-1 11.1 Non -Guarantee of Employment..................................................................................... XI-1 11.2 Rights to Fund Assets ... .................... ............................................................................. XI-1 11.3 Non -Alienation of Benefits ................................... XI-1 11.4 ......................................................... Disclaimer of Liability...................................................................................................XI-I 11.5 Indemnification of Trustees...........................................................................................XI-1 11.6 Payments Under a Qualified Domestic Relations Order...............................................XI-1 ARTICLEXII. Amendments....................................................................................................X1I-1 12.1 Right to Amend .......... ................................................................................................... XII-1 12.2 Amendments ............... .................................................................................................. XII-1 nl ARTICLE I. Purpose and Organization 1.1 Purpose: The purpose of this Plan is to encourage the loyalty and continuity of service of the Participants, to provide retirement benefits for all eligible Employees of the Employer, as hereinafter defined, who complete a period of faithful service and become eligible hereunder, and to qualify the Plan under Sections 401(a) and 501(a) of the Code by meeting the requirements of Code Section 414(d). The benefits provided by this Plan will be paid from a Fund established by the Employer and will be in addition to the benefits Employees are entitled to receive under any other programs of the Employer and from the Federal Social Security Act. This Plan and the separate related Fund forming a part hereof are established and shall be maintained for the exclusive benefit of the eligible Employees of the Employer and their Beneficiaries. To the extent this Plan is a governmental retiree benefit plan under Section 401(a)(24) of the Code, and prior to the termination of the Plan and satisfaction of all liabilities of the Plan, no part of the corpus or income of the Fund shall be used for, or diverted to, purposes other than for the exclusive benefit of the Plan participants and their beneficiaries. 1.2 Parties: The Oklahoma Municipal Retirement Fund hereby adopts and establishes this Plan for the benefit of Employees of those Employers, as defined herein, formed, chartered or incorporated under the laws of the State of Oklahoma, who wish to adopt it by executing a Joinder Agreement which incorporates this Plan by reference. I-1 (d) Authorized Agent: The City Clerk of the Employer or such other person designated by the Employer to carry out the efficient operation of the Plan at the local level. (e) Authorized Leave of Absence: Any absence authorized by the Employer under the Employer's standard personnel practices applied to all persons under similar circumstances in a uniform manner, including any required military service during which a Participant's re- employment rights are protected by law; provided that he resumes employment with the Employer within the applicable time period established by the Employer or by law. (f) Average Monthly Compensation: The result obtained by dividing the total Compensation paid to an Employee during a considered period by the number of months, including fractional months, for which such Compensation was received. The considered period shall be the number of consecutive months of reported pay selected in Joinder Agreement within the last one hundred twenty (120) months of service which yield the highest average Compensation. For purposes of determining consecutive months, periods of credited service shall be bridged, if interrupted with non -credited periods under an Authorized Leave of Absence. If an Employee has less than the number of months of consecutive employment service selected in the Joinder Agreement, the Employee's actual consecutive months shall be the basis for calculating the Employee's Average Monthly Compensation hereunder. (g) Beneficiary: Any person or entity designated or deemed designated by a Participant as provided in Section 6.5 hereof. (h) Break in Service: The expiration of ninety (90) days from the date the Participant last performed Service for the Employer for which such Participant was entitled to wages as defined in Section 3121(a) of the Code, unless the Participant is on Authorized Leave of Absence. If an Employee does not resume employment with the Employer upon the expiration of an Authorized Leave of Absence, the Participant will be deemed to be absent from work on the first day of his Authorized Leave of Absence for purposes of determining if the Participant has a Break in Service. (i) City Council: The City Council (or Board of Trustees) of the Employer or other duly qualified and acting governing authority of the Employer. 0) Code: The Internal Revenue Code of 1986, as amended from time to time. (k) Committee: The City Council of the Municipality, which shall act as the Plan Administrator of the Plan as provided for under Article IX hereof. (1) Compensation: Compensation means wages for federal income tax withholding purposes, as defined under Code §3401(a), plus all other payments to an Employee in the course of the Employer's trade or business, for which the Employer must furnish the Employee a written statement under Code §§6041, 6051 and 6052, but determined without regard to any rules that limit the remuneration included in wages based on the nature or location of the employment or services performed (such as the exception for agricultural labor in Code §3401(a)(2)). The Employer in Section 4 of its Joinder Agreement may specify modifications to the definition of Compensation, for purposes of benefit accruals, the calculation of benefits, or contribution allocations under the Plan. For purposes of determining an Employee's compensation, any II-2 (n) DC Employer Contributions: The Employer contributions described in Section 3.6 hereof. (o) Death Benefit: The pension benefit described in Article VI herein. (p) Deferred Vested Pension: The pension benefit described in Sections 4.4 and 5.4 herein. (q) Disability: A physical or mental condition which, in the judgment of the Committee, totally and presumably permanently prevents an Employee from engaging in any substantial gainful employment with the Employer. A determination of such disability shall be based upon competent medical evidence. (r) Disability Pension: The pension benefit described in Sections 4.3 and 5.3 herein. (s) Early Pension: The pension benefit described in Sections 4.2 and 5.2 herein. (t) Effective Date: The later of (i) the date specified in the Joinder Agreement, or (ii) the first day on which the Plan has a Participant. (u) Employer: A Municipality located in the State of Oklahoma which executes the Joinder Agreement. (v) Employment Commencement Date: The date on which the Employee's most recent employment with the Employer began. (w) Fund: The fund established to provide the benefits under the Plan for the exclusive benefit of the employees included in the Plan, and which will be pooled with similar funds of other incorporated cities and towns of Oklahoma as a part of Oklahoma Municipal Retirement Fund, for purposes of pooled management and investment. (x) Hour of Service: (1) Each hour for which an employee is paid, or entitled to payment, for the performance of duties for the employer; and (2) each hour for which an employee is paid, or entitled to payment, by the employer on account of a period of time during which no duties are performed (irrespective of whether the employment relationship has terminated) due to vacation, holiday, illness, incapacity (including disability), layoff, jury duty, military duty or leave of absence. (y) Joinder Agreement: The agreement by which the Employer adopts this Plan and Fund as its Plan and Fund. (z) Leased Employee: Any person (other than an employee of the recipient) who pursuant to an agreement between the recipient and any other person ("leasing organization") has performed services for the recipient (or for the recipient and related persons determined in accordance with Section 414(n)(6) of the Code) on a substantially full time basis for a period of at least one year, and such services are performed under primary direction or control by the recipient. Contributions or benefits provided a leased employee by the leasing organization 11-4 Effective Date hereof, or any other date expressly specified herein if different from the Effective Date, which prior instruments are amended, restated and superseded by this instrument. (11) Retirement: Termination of employment after a Participant has fulfilled all requirements for a Pension and has attained the age required to receive an Early Pension (age 55 or older). Retirement shall be considered as commencing on the day immediately following an EmpIoyee's last day of employment. (mm) Service: (1) A Participant's last continuous period during which the Participant was an Employee of the Employer and/or any other Municipality prior to the earlier of his retirement or Break in Service. (i) Service includes employment with a Municipality other than the Employer prior to the time that the other Municipality adopted the Plan if the other Municipality credits a Participant's past service under its retirement plan; and (ii) Service for the Employer does not include employment with any Municipality if that service would not be included under the Municipality's retirement plan. (2) Concurrent employment with more than one Municipality shalt be credited as only one period of Service. (3) Any Authorized Leave of Absence shall not be considered as interrupting continuity of employment, provided the Employee returns within the period of authorized absence. Until such time as the City Council shall adopt rules to the contrary, credit for Service with the Employer shall be granted for any period of Authorized Leave of Absence during which the Employee's full Compensation is continued and contributions to the Fund are continued at the same rate and made by or for him, but credit for Service with the Employer shall not be granted for any period of authorized, nonpaid absence due to illness, union leave, military service (except as provided in Section 14.1), or any other reason, unless arrangements are made with the City Council for the Employee's continued participation and for contributions to be continued at the same rate and made by him or on his behalf during such absence. Provided, however, if a Participant is on an Authorized Leave of Absence and is receiving workers' compensation during such Authorized Leave of Absence, and if the Employer so elects in the Joinder Agreement, such Participant shall be credited with Service for such period for purposes of vesting only (and not for purposes of benefits) but no Employee contributions shall be made with respect to the Participant for such period. (4) The expiration of the term of office of an elected official shall not be considered as interrupting continuity of employment, provided the official is re-elected for a consecutive term. (5) Any reference in this Plan to the number of years of service of an Employee shall include fractional portions of a year. (6) With respect to a Participant who was previously 100% vested in any other Municipality's qualified retirement plan, regardless of Break in Service, prior to becoming a II-6 ARTICLE III. Contributions 3.1 Eligibility: An Employee, as defined in the Joinder Agreement, who has satisfied all the requirements set forth in the Joinder Agreement shall be eligible to participate in the Plan. Any person who has been classified by the Employer as an independent contractor and has had his compensation reported to the Internal Revenue Service on Form 1099 but who has been reclassified as an "employee" (other than by the Employer) shall not be considered as an eligible Employee who can participate under this Plan; provided, if the Employer does reclassify such worker as an "Employee," for purposes of this Plan, such reclassification shall only be prospective from the date that the Employee is notified by the Employer of such reclassification. 3.2 Contributions by Employer: The Employer shall make contributions to the Fund in such amounts and at such times as the City Council shall determine, acting under the advice of the Plan's actuarial firm. All contributions made by the Employer to the Fund shall be irrevocable and shall be used for the exclusive benefit of the Participants covered by the Plan to pay benefits under the Plan, or to pay expenses of the Fund. Forfeitures arising because of death prior to Retirement, severance of Employment before a Participant becomes eligible for a Pension, or any other reason shall be applied to reduce the cost of the Plan, not to increase the benefits otherwise payable to the Participants. 3.3 Contributions -by Participants: Unless the Employer selects the Non -Contributory Option, each Participant shall contribute to the cost of providing benefits under this Plan while he remains a Participant who is actively employed. Such annual contributions shall be the product of (i) the percentage selected in Section 8 of the Joinder Agreement, and (ii) the Participant's Compensation. Any required contributions by Participants shall be made by payroll deductions for each pay period, or any series of pay periods as the Employer may deem most convenient. The Committee may, however, approve payment of such contributions in a manner other than payroll deductions in any specific case or cases. (In any event a Participant shall be deemed to consent and agree to the payroll deductions as provided for herein.) If a Participant is granted a non -paid leave of absence authorized for any reason, his continued participation in the Plan will depend upon his contributions being continued at the same rate and made by or for him during such absence. While such contributions are continued during such non -paid leave of absence, the Participant's Compensation shall be deemed to have continued at the same rate for the purpose of computing the Participant's Average Monthly Compensation. Provided, however, if a Participant is on an Authorized Leave of Absence and is receiving workers' compensation during such Authorized Leave of Absence, such Participant shall be credited with Service for such period for purposes of vesting only and not for purposes of benefits if the Employer so elects in Section 7G of the Joinder Agreement, but no Participant contributions shall be made with respect to the Participant for such period. Each Employee employed after the original Effective Date of the Plan hereof shall, as a condition of employment, become a Participant in the Plan as of the date on which he is first eligible by signing a written notice of participation agreeing td be bound by the terms and conditions hereof, required as a condition of employment to make a DC Employer contribution in the amount specified in the Adoption Agreement. These contributions shall be picked up and assumed by the Employer and paid to the Fund in lieu of contributions by the Participant. Such contributions shall be designated as Employer contributions for federal income tax purposes. Each Participant's Compensation will be reduced by the amount paid to the Fund by the Employer in lieu of the required contribution by the Participant. These contributions shall be excluded from the Participant's gross income for federal income tax purposes and from wages for purposes of withholding under Sections 3401 through 3404 of the Code in the taxable year in which contributed. Amounts attributable to DC Employer contributions shall be fully vested. The Contribution Accumulation account shall be credited with: (1) DC Employer Contributions made by the Participant after the effective date of the option; and (2) Investment earnings at same rate as earned by the Oklahoma Municipal Retirement Fund (OkMRF) Defined Benefit Plan. IIr-3 Disability under the Plan shall be considered total and permanent, if on the basis of a medical examination by a doctor or clinic appointed by the Committee, the Committee finds that the Participant has a physical or mental condition which totally and presumably permanently prevents him from engaging in any substantial gainful employment with the Employer. Notwithstanding any other provisions of this Section, no Participant shall qualify for a Disability Pension if the Committee determines that his Disability results from (a) chronic alcoholism, (b) addition to narcotics, or (c) an injury suffered while engaged in a felonious or criminal act or enterprise. Disability shall be considered to have ended and a Disability Pension shall cease if, prior to his Normal Retirement Age, the Participant (a) engages in any substantial gainful employment except for such employment as is found by the Committee to be for the primary purpose of rehabilitation oi� not incompatible with a finding of total and permanent Disability, or (b) has sufficiently recovered, in the opinion of the Committee based on a medical examination by a doctor or clinic appointed by the Committee to be able to engage in regular employment with the Employer and refuses an offer of employment by the Employer, or (c) refuses to undergo any medical examination requested by the Committee provided that a medical examination shall not be required more frequently than twice in any calendar year. The Normal Pension will recommence upon his reaching Normal Retirement Age. If Disability ceases before a retired Participant attains his Normal Retirement Date and the Participant is re-employed by the Employer, the Pension payable upon his subsequent Retirement shall be determined in accordance with the provisions of Section 10.9. 4.4 Deferred Vested Pension: A Participant shall be eligible for a Deferred Vested Pension, if his employment is terminated before his 55th birthday and after he has met the 100% vesting requirements. Payment of a Deferred Vested Pension shall commence as of the Participant's Normal Retirement Date. However, if the Participant requests the Committee to authorize the commencement of his Deferred Vested Pension as of the first day of the month coinciding with or next following his 55th birthday, or as of the first day of any subsequent month which precedes his Normal Retirement Date, his Pension shall commence as of the first day of the month so requested, but the amount thereof shall be reduced as provided in Section 5.4. 4.5 Pensions for Former Employees: If a Participant's Service with the Employer terminates, but his Service continues by virtue of his employment with a Municipality other than the Employer, he, his spouse or other Beneficiaries shall only be then, or later become entitled to, and limited to, such rights, benefits and options of any kind, under this Plan, if any, in the amounts and on the terms and conditions, as provided in Article VIII-Employment Transfers. 4.6 Termination of Employment - Vesting of Benefits: Except as provided in Sections 10.12 and 10.13 hereof, if applicable, when a Participant ceases to be a Participant for any reason, he shall have vested and nonforfeitable rights in his Accrued Pension as set forth in one of the following vesting schedules as may be elected by the Employer in the Joinder Agreement: (a) Ten Year Cliff Vesting Schedule. The Ten Year CIiff Vesting Schedule is as follows: IV-2 ARTICLE V. Amount of Retirement Benefits 5.1 Normal Pension: (a) Basic Formula: A Participant who meets the requirements for a Normal Pension shall receive a monthly amount equal to the product of (1), (2), and (3) as follows: (1) The percentage associated with the Plan Option elected by the Employer in Section 7B of the Joinder Agreement; multiplied by (2) His Average Monthly Compensation; and multiplied by (3) The number of his Years of Service credited with the Employer (but not with any other Municipality), subject to the limitations in Section 7E of the Joinder Agreement. (b) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the Joinder Agreement, the monthly amount of Normal Pension determined above under Subsection (a) of this Section, or the amount of any optional form of Pension payable in lieu thereof to a retired Participant or his contingent Beneficiary, shall be increased or decreased annually while payable, commencing with the payment due on the first day of July coinciding with or next following the later of (1) the effective date of the Cost -of -Living option, or (2) the date of the Participant's Retirement, and continuing thereafter on the first day of each subsequent July during which the Pension is payable. Each such increase or decrease shall be related to a change in the cost -of -living based on the percentage change, if any, determined by a comparison of the U. S. Consumer Price Index (as defined in Section 2.1(pp)) for the December next preceding the July of the determination, with such U. S. Consumer Price Index for the December one year earlier; provided however, that such yearly increase or decrease, if any, shall be limited to a maximum change of three percent (3°/o); and provided further, that such yearly decrease, if any, shall not reduce the amount of Pension so adjusted, below the level established at the time of Retirement. 5.2 Early Pension: (a) Basic Formula: A Participant who meets the requirements for an Early Pension shall receive a monthly amount which shall be computed in the same manner as a Normal Pension, considering his Compensation and Service credited with the Employer prior to Retirement. If payment of an Early Pension commences prior to the Participant's Normal Retirement Date, the amount determined above shall be reduced by 5% each full year plus 5% pro-rata for the number of months in the period between the date as of which the Pension begins and the Normal Retirement Date. (b) Cost -of -Living Adjustment: If the Cost -of -Living option is elected in the Joinder Agreement, the monthly amount of Early Pension determined above under Subsection (a) of this Section, or the amount of any optional form of Pension payable in lieu thereof to a retired Participant or his contingent Beneficiary, shall be subject to annual cost -of -living adjustments in the same manner as provided in Subsection 5.1(b), except that no such adjustment V-1 ARTICLE VI. Severance and Death Benefits 6.1 Severance Benefit: Upon termination of a Participant's employment with the Employer, his contributions to the Fund shalt cease and he shall be entitled to receive a Severance Benefit equal in amount to the Participant's Aggregate Contributions, which shall be in lieu of all other benefits under this Plan. Payment of such benefit shall be made in a lump sum as soon as administratively feasible after the date of termination of the Participant's employment and the Participant's request for payment. If such termination of employment occurs after the Participant has met the requirements for Normal, Early, Disability or Deferred Vested Pension, he may receive in lieu of such Aggregate Contributions, the Pension for which he is eligible under the provisions of Article IV, unless the Participant elects to receive such Aggregate Contributions. If any benefit of any other kind is paid under this PIan to or on behalf of a Participant, no Severance Benefit shall be paid, but shall be deemed to have been included in the value of the other benefit, unless the total of such other benefit payments finally made shall be less than his Aggregate Contributions at the time of the Participant's termination of employment, in which case the difference shall be paid to the terminated Participant if living, or if deceased, to his Beneficiary. 6.2 Death Prior to Commencement of Pension: Upon the death of an active Participant or a retired Participant prior to the earlier of the date the Committee approves the commencement of his pension payments or the date fixed for commencement of his Pension payments, the Beneficiary designated by the Participant or retired Participant shall be paid a Death Benefit in the form of a Pension unless a spouse's pension becomes payable under Section 6.4. (a) Basic Formula: Subject to the further provisions of Subsection (b) of this Section 6.2, the amount of the Death Benefit Pension shall be equal to fifty percent (50%) of the monthly amount of the Normal Pension, as determined in Section 5.1 which the deceased Participant had accrued at the time of his death considering the Participant's Compensation and Service with the Employer prior to the date of his death. Payment of the Death Benefit Pension under this Subsection shall commence as of the first day of the month coincident with or next following the Employee's death. The last payment shall be made upon completion of the number of monthly payments in the aggregate as elected in Section 7A of the Joinder Agreement. Notwithstanding the foregoing, if any spouse's Pension becomes payable under Section 6.4, or if any optional Pension was elected by such a retired Participant, and becomes effective under Article VII, no such Death Benefit Pension under this Section 6.2 shall be paid at that time. The terms of such Spouse's Pension or optional Pension as the case may be, shall control payments after such death and the Death Benefit Pension provided for under this Section shall be thereby canceled or inapplicable, except that upon the death of the spouse or the contingent Beneficiary, his estate shall be paid the excess, if any, of the Participant's Aggregate Contributions as of the date the Pension commenced or as of the date of death, if earlier, over the sum of the benefit payments, previously received by the Spouse or the contingent Beneficiary. (b) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the Joinder Agreement, the monthly amount of Death Benefit Pension determined above under Subsection (a) of this Section 6.2 or the amount of any optional form of Pension payable in lieu VI-1 monthly payments in the aggregate as elected in Section 7A of the Joinder Agreement to the retired Participant and the Beneficiary, if living, or if deceased, to the estate of the Beneficiary. If the death of such retired Participant occurs after the cessation of his Disability and before his Normal Retirement Date, and the total Disability Pension payments he had received was less than his Aggregate Contributions as of the date of commencement of payments of such Disability Pension, or as of the date of his death, if earlier, then his Beneficiary shall be entitled to a Death Benefit. The amount of such Death Benefit shall be the excess of the retired Participant's said Aggregate Contributions over the sum of such Pension payments, if any, previously received by the retired Participant. Such Death Benefit shall be paid in cash in a single sum within 30 days after the date of death. If the retired Participant was married and not legally separated from his or her spouse at the time of death, the applicable Death Benefit shall be that as provided in Section 6.4(b). (2) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the Joinder Agreement, the monthly amount of Death Benefit Pension determined above under Subsection (b)(1) of this Section 6.3 shall be subject to a cost -of -living adjustment in the same manner as provided in Section 5.1(b). 6.4 Spouse's Pension: (a) In -Service Death: (1) Eligibility Requirements: The surviving spouse of a deceased Participant shall be eligible for a Spouse's Pension with payments commencing on the first day of the month coinciding with or next following the Participant's date of death and payable for the spouse's lifetime, or until the spouse's remarriage, provided that the Participant, as of the date of his or her death, (a) was continuing in the active Service of the Employer, (b) had met the 100% vesting requirement, and (c) was not legally separated from the surviving spouse. (2) Amount of Spouse's Pension: A surviving spouse who meets the eligibility requirements under Subsection (a)(1) of Section 6.4 above shall receive a monthly amount of Spouse's Pension equal to fifty percent (50%) of the amount determined in Section 5.1 for a Normal Pension considering the Participant's Compensation and Service with the Employer to the date of his death. However, if the surviving spouse is more than ten years younger than the retired Participant on the date of his death, the Spouse's Pension payable under this Subsection shall be reduced by one percent (19/0) for each such year of age difference in excess of ten (10) years to compensate for the longer period of expected payments. (3) Cost -of -Living Adjustment: If the Cost -of -Living Option is elected in the Joinder Agreement, the monthly amount of Spouse's Pension determined above under Subsection (a)(2) of this Section 6.4 shall be subject to a cost -of -living adjustment in the same manner as provided in Subsection 5.1(b). VI-3 6.5 Designation of Beneficiary: Each active or retired Participant may designate a primary Beneficiary or Beneficiaries and, in addition, may name a contingent Beneficiary or Beneficiaries to receive any benefit that may become payable under Article VI hereunder by reason of his death. If a Participant designates more than one Beneficiary, each shall share equally unless the Participant specifies a different allocation or preference. Such designation shall be made upon forms furnished by the Employer and may be revoked or changed at any time and from time to time without notice to any Beneficiary, and shall not be effective unless and until filed with the Committee. Further, the written designation of the Participant's spouse may be voided upon divorce of the Participant if required by applicable state Iaw. If a Participant fails to designate a Beneficiary, or if no designated Beneficiary survives the Participant, the Death Benefit shall be paid to the Participant's spouse, if living, or otherwise, to the estate of the Participant. Neither the Employer, the Board of Trustees, nor the Fund shall be named as a Beneficiary. For the purpose of this Plan, the production of a certified copy of the death certificate of any Employee or other person shall be sufficient evidence of death, and the Committee shall be fully protected in relying thereon. In the absence of such proof, the Committee may rely upon such other evidence of death as it deems necessary or advisable. 6.6 Severance or Death Benefits for Former Employees: If a Participant's Service with the Employer terminates, but his Service continues by virtue of his employment with a Municipality other than the Employer, he, his spouse or other Beneficiaries shall only be then, or later become, entitled to and limited to such rights, benefits and options of any kind, under this, if any, in the amounts and on the terms and conditions, as provided in Article VIII, Employment Transfers. 6.7 HEART Act Provision: In the case of a death occurring on or after January 1, 2007, if a Participant dies while performing qualified military service (as defined in Code §414(u)), the survivors of the Participant are entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service, but including vesting service credit for such period and any ancillary life insurance or other survivor benefits) that would have been provided under the Plan had the Participant resumed employment on the day preceding the participant's death and then terminated employment on account of death. 6.8 Defined Contribution Option: If the Employer has elected the Defined Contribution Option in Section 12 of the Joinder Agreement, as soon as administratively possible after termination of employment or death of the Participant, the administrator shall pay the Participant or Beneficiary, if applicable, the Contribution Accumulation account balance as requested. The Participant may elect to receive the Contribution Accumulation in any of the benefit payment options permitted under the Plan. The benefit shall be the Actuarial Equivalent of the account balance at the time the benefit commences. This benefit shall be in addition to any Normal, Early, Disability or Deferred Vested Pension that the Participant or Beneficiary may be entitled to. VI-5 Option F — Partial Lump Sum. Under this form, the payee will receive a single sum payment that is smaller than the amount payable under Option E. The Accrued Pension will be reduced by the Actuarial Equivalent of the single sum payment, and the reduced amount will be payable in accordance with Article IV or, if selected by the payee, under one of the Joint and Survivor Options in accordance with Section 7.1. In the event that part of the Accrued Pension is subject to the Cost -of -Living Option and part of the Accrued Pension is not so subject, any partial lump sum payment will reduce each part of the Accrued Pension pro rata. Option G - Combination. Under this form, the payee will receive a combination of Options D, E, or F, as selected by the payee. The Committee shall, if it deems appropriate, require a Participant (or contingent pensioner) to submit evidence of good health as a condition to receipt of any such form of payment, particularly any lump sum payment. If a Pension payable under this Plan is less than fifty dollars ($50.00) per month, the Committee may direct that, in lieu of such Pension, the Actuarial Equivalent thereof shall be paid in a lump sum, or in a series of uniform monthly, quarterly, or annual amounts for life or for a designated period of time. 7.3 Restrictions on Optional Forms: If payments have not yet commenced to a Participant, a Participant may elect, change, or revoke an option if his election, change, or revocation is filed in writing with the Authorized Agent. However, an election to receive benefits in one of the forms described in Section 7.2 requires Committee approval. In the event a Participant dies after he has begun to receive benefits under this Plan, his beneficiary or contingent pensioner shall not be entitled to change the form of payment of the benefit. A Participant receiving a Disability Pension is not eligible for any of the options. An election made pursuant to this Article shall become inoperative in the event that no contingent pensioner is surviving upon the date payments are to commence after the Participant's Retirement. If a Participant who makes an election pursuant to the requirements of this Section continues in the Employer's employ after his Normal Retirement Date, no Pension payments shall be made during the period of continued employment. If the Participant dies during such continued employment and the contingent pensioner survives him, the election shall become operative so that the contingent pensioner shall receive a Pension in accordance with the option elected commencing on the first day of the month coinciding with or next following the death of the Participant. In the event the contingent pensioner predeceases the Participant during such continued employment, the election shall not become operative. 7.4 Other Benefits Canceled by Option: Any Aggregate Contributions, Contribution Accumulation, Pension, Severance, Death, or other benefit that would otherwise have become payable under this Plan shall be canceled and superseded by an option elected under Section 7.1 or any other form of payment elected under Section 7.2 as of the date such option or other form of payment commences. VII-2 an Eligible Retirement Plan with respect to such portion shall include only another designated Roth account of the individual from whose account the payments or distributions were made, or a Roth IRA of such individual. (iii) "Distributee": A "Distributee" includes a Participant or former Participant. In addition, the employee's or former employee's surviving spouse and the employee's or former employee's spouse or former spouse who is the alternate payee under a qualified domestic relations order, as defined in § 414(p) of the Code, are distributees with regard to the interest of the spouse or former spouse. For distributions occurring in plan years beginning after December 31, 2009 (or in any earlier plan year beginning after December 31, 2006 as may be specified in the adoption agreement), a distributee also includes the participant's nonspouse designated beneficiary under Section 2.1(f) of the Plan. In the case of a nonspouse beneficiary, the direct rollover may be made only to a traditional IRA or Roth IRA that is established on behalf of the designated beneficiary and that will be treated as an inherited IRA pursuant to the provisions of Section 402(c)(11) of the Code. Also, in this case, the determination of any required minimum distribution under Section 401(a)(9) that is ineligible for rollover shall be made in accordance with Notice 2007-7, Q&A 17 and 18, 2007-5 I.R.B. 395. (iv) "Direct Rollover": A "Direct Rollover" is a payment by the Plan directly to the Eligible Retirement Plan specified by the Distributee. 7.7 Minimum Distribution Requirements: (a) General Rules: (i) Effective Date. The provisions of this Section will apply for purposes of determining required minimum distributions for calendar years beginning with the 2003 calendar year. (ii) Precedence. The requirements of this Section will take precedence over any inconsistent provisions of the Plan. (iii) Requirements of Regulations Incorporated. All distributions required under this Section will be determined in accordance with Section 401(a)(9) of the Internal Revenue Code, including the incidental death benefit requirement of Section 401(a)(9)(G), and the Income Tax Regulations thereunder. (iv) TEFRA Section 242(b)(2) Elections. Notwithstanding the other provisions of this Section, other than Subsection (iii), distributions may be made under a designation made before January 1, 1984, in accordance with Section 242(b)(2) of the Tax Equity and Fiscal Responsibility Act (TEFRA) and the provisions of the Plan that relate to Section 242(b)(2) of TEFRA. (b) Time and Manner of Distribution: (i) Required Beginning Date. The Participant's entire interest will be distributed, or begin to be distributed, to the Participant no later than the Participant's required beginning date. V1I-4 (i) General Annuity_Requirements. If the Participant's interest is paid in the form of annuity distributions under the Plan, payments under the annuity will satisfy the following requirements: (1) the annuity distributions will be paid in periodic payments made at intervals not longer than one year; (2) the distribution period will be over a life (or lives) or over a period certain not longer than the period described in Section (d) or (e); (3) once payments have begun over a period certain, the period certain will not be changed even if the period certain is shorter than the maximum permitted; (4) payments will either be nonincreasing or increase only as follows by an annual percentage increase that does not exceed the annual percentage increase in a cost -of -living index that is based on prices of all items and issued by the Bureau of Labor Statistics; b to the extent of the reduction in the amount of the Participant's payments to provide for a survivor benefit upon death, but only if the beneficiary whose life was being used to determine the distribution period described in Section (d) dies or is no longer the Participant's beneficiary pursuant to a qualified domestic relations order within the meaning of Section 414(p); c to provide cash refunds of employee contributions upon the Participant's death; or A to pay increased benefits that result from a plan amendment. (ii) Amount Required to be Distributed by Required Beginning Date. The amount that must be distributed on or before the Participant's required beginning date (or, if the Participant dies before distributions begin, the date distributions are required to begin under Subsection (b)(ii)(1) or (2)) is the payment that is required for one payment interval. The second payment need not be made until the end of the next payment interval even if that payment interval ends in the next calendar year. Payment intervals are the periods for which payments are received, e.g., bi-monthly, monthly, semi-annually, or annually. All of the Participant's benefit accruals as of the last day of the first distribution calendar year will be included in the calculation of the amount of the annuity payments for payment intervals ending on or after the Participant's required beginning date. (iii) Additional Accruals After First Distribution Calendar Year. Any additional benefits accruing to the Participant in a calendar year after the first distribution VII-6 beginning no later than the time described in Subsection (b)(ii)(1) or (2), over the life of the designated beneficiary or over a period certain not exceeding: (1) unless the annuity starting date is before the first distribution calendar year, the life expectancy of the designated beneficiary determined using the beneficiary's age as of the beneficiary's birthday in the calendar year immediately following the calendar year of the Participant's death; or (2) if the annuity starting date is before the first distribution calendar year, the life expectancy of the designated beneficiary determined using the beneficiary's age as of the beneficiary's birthday in the calendar year that contains the annuity starting date. b. No Designated Beneficiary. If the Participant dies before the date distributions begin and there is no designated beneficiary as of September 30 of the year following the year of the Participant's death, distribution of the Participant's entire interest will be completed by December 31 of the calendar year containing the fifth anniversary of the Participant's death. C. Death of Surviving Spouse Before Distributions to Surviving Spouse Begin. If the Participant dies before the date distribution of his or her interest begins, the Participant's surviving spouse is the Participant's sole designated beneficiary, and the surviving spouse dies before distributions to the surviving spouse begin, this Section (e) will apply as if the surviving spouse were the Participant, except that the time by which distributions must begin will be determined without regard to Subsection (b)(ii)(1). (1) Definitions: (i) Designated Beneficiary. The individual who is designated as the beneficiary under Section 6.5 of the Plan and is the designated beneficiary under Section 401(a)(9) of the Internal Revenue Code and Section 1.401(a)(9)-4 of the Treasury regulations. (ii) Distribution Calendar Year. A calendar year for which a minimum distribution is required. For distributions beginning before the Participant's death, the first distribution calendar year is the calendar year immediately preceding the calendar year which contains the Participant's required beginning date. For distributions beginning after the Participant's death, the first distribution calendar year is the calendar year in which distributions are required to begin pursuant to Subsection (b)(H). (iii) Life Expectancy. Life expectancy as computed by use of the Single Life Table in Section 1.401(a)(9)-9 of the Treasury regulations. (iv) Required Beginning -Date. The April 1 of the calendar year following the later of the calendar year in which the Participant attains age 70%s, or if later, retires. VII-8 such benefits, and he shall also be subject to all the other provisions of this Plan, provided such transfer occurred prior to the adoption of this Plan. Provided, however, for Plan Years ending prior to July 1, 1998, the rules of the prior Plan document shall apply with respect to such transfers. (b) From Another Municipality: If a person becomes an Employee and a Participant under this Plan upon his transfer from full-time, regular employment with a Municipality other than this Employer, his Service accrued by virtue of such prior employment shall be counted in determining his eligibility and vesting for benefits hereunder, but not in computing the amount of such benefits, and he shall also be subject to all the other provisions of this Plan. An Employee's eligibility for membership under this Plan will be determined by applying the eligibility requirements in the Joinder Agreement as though the date his credited service from the other Municipality began was his date of employment with this Employer. Provided, however, no such Service shall be counted if the Participant was not 100% vested in the other Municipality's qualified retirement plan and the Participant received a distribution of his benefit under such Plan unless the distribution of his benefit was paid after becoming vested with this Employer. (c) Previously Fully Vested With A Municipality: With respect to a Participant who was previously 100% vested in any Municipality's qualified retirement plan in the Fund, prior to becoming a Participant in this Plan, such Participant's "Service" for purposes of determining years of service for eligibility and vesting under this Plan shall include the Participant's last continuous period during which the Participant was an employee of the Municipality. 8.3 Notice of Transfers: After any transfer of employment referred to in Sections 8.1 or 8.2, the transferred Employee shall give written notice of such transfer to the Authorized Agent on a form furnished by the Authorized Agent. Such Employee shall not be penalized, however, for failure to give such notice. The Authorized Agent shall give immediate notice in writing of such transfers to the Committee. VIII-2 (10) to receive and review the valuation report and certification of the Plan, prepared annually by the actuarial firm, and on the basis thereof to certify to the Employer's budgetary authority an appropriate contribution rate in time for the incorporation, when necessary, of the resulting costs in the budget, and make timely appropriations therefor; (11) to receive and review reports from the auditor appointed by the Trustees, the City Treasurer and City Auditors, of the financial condition of the Fund; (12) to have full power, to manage and control, the Plan and Fund and to authorize in writing, all payments from the Fund by written direction of the Authorized Agent, or otherwise; and (13) to sue in any court of competent jurisdiction for the enforcement of any contract, claim or other right, and to defend against or to compromise, settle or otherwise dispose of any claim or suit against the Employer, the Plan, or the City Treasurer, as Treasurer of the Plan. (14) to appoint such person or persons as necessary to perform the following: a. to receive and separately account for, payments, appropriations, apportionments, allocations, payroll deductions, and any other assets, which are for, or consist of contributions or assets under the Plan for the Fund, which are made by the Employer, the Participants, or from any other source; b. to transfer, remit, pay over and deliver, upon the written direction of the Authorized Agent, as soon as practicable after his receipt thereof, all such contributions and assets, to the Oklahoma Municipal Retirement Fund for management and investment; c. to keep as evidence and permanent records, all such written directions of the Authorized Agent for such transfers and disbursements, maintain accurate accounts and records of such receipts, transfers and disbursements, and keep such other records and furnish such information and advice to the Employer, the City Council, the Committee and the Authorized Agent as may be necessary and proper for the performance of such duties in coordinating the administration and operation of the Plan; d. maintain such records including vital statistics on health, age, sex, birth, death, Compensation and length of Service of all the Participants of the Employer or their beneficiaries who are included in the PIan or who are, or may become eligible for such inclusion, as are necessary for the proper administration of the Plan, and furnish such information as is requested by the Authorized Agent; e. notify the Authorized Agent when any Participant is eligible for Retirement under the Plan; and f. attend meetings of the Committee while matters pertaining to the Plan, the Participants or their beneficiaries are under consideration. IX-2 (c) Plan Municipal Counselor: The Committee of the Employer shall appoint the legal advisor of the Employer and the Committee, and such legal advisor shall represent them in any legal matters, proceedings, or litigation. 9.2 Bonds: No bond to secure the performance of administrative duties in the operation of the Plan and the Fund, shall be required of any persons or organizations unless required by law, or unless required by the Trust indenture establishing Fund, or unless required by the Employer for any persons or organizations engaged in the administration of the Plan. If such a bond is required by law, the Trustees or the Employer, the premiums therefor shall be paid as expenses of the Fund. Any agents, officials of employees of the Employer engaged in the administration for the Plan shall be covered as to the performance of such administrative duties, by any official or other bond covering their regular duties otherwise. 9.3 Benefit Payments: All benefits which are to be paid pursuant to the provisions of the Plan, shall be paid under the direction of the Committee out of the applicable portion of the Fund, upon written directions of the Committee acting through the Authorized Agent, 9.4 Abandonment of Benefits: (a) If, anytime following the date either of a Participant or Beneficiary of a deceased Participant becomes entitled to receive any non -deferred benefits under the Plan, then, if the whereabouts of such Participant or Beneficiary is unknown, the benefits may be forfeited in certain limited circumstances as provided hereafter. If the Committee has mailed to the Participant or Beneficiary notice of the present right to receive benefits, and the Committee mails such notice again after one year, then, if no claim has been received by the second anniversary of the first mailing of the notice, the Accounts representing unclaimed Benefits (including those holding Participant contributions) shall be forfeited. (b) Each Participant and Beneficiary shall file with the Committee, from time to time in writing, their post office address and each change of post office address, if any, and the Committee shall not be obliged to search for or ascertain the whereabouts of any Participant or Beneficiary. Any communication addressed to a Participant or Beneficiary at their last post office address filed with the Committee, or if no such address was filed, then at their last post office address as shown on the Employer's records, shall be binding on the Participant and the Beneficiary for all purposes of the Plan and Trust. (c) In the event that the whereabouts of a lost Participant, or lost Beneficiary of a deceased Participant, ever becomes known to the Committee, and either of such parties makes a claim for benefits, the Committee shall, if the Plan is in existence, reinstate any Benefits which have been previously forfeited to satisfy such claim, including any applicable cost -of -living adjustments. For purposes of this Subsection (c), the limitations under Section 4I5 of the Code shall not apply. 9.5 Benefits Payable to Incompetents: Any payments due hereunder to a minor or other person under legal disability may be made to a valid power of attorney, a court appointed guardian, or any other person authorized under state law to receive the benefit. The Committee shall not be required to see to the application of any such payment, and the payee's receipt shall ARTICLE X. Limitations 10.1 Limitations on Benefits Relating to Section 415 of Internal Revenue Code of 1986: (a) Notwithstanding any other provision contained herein to the contrary, the benefits payable to a Participant from the Plan provided by employer contributions (including contributions picked up by the employer under Code Section 414(h)) shall be subject to the limitations of Code Section 415 in accordance with the provisions of this Article. The limitations of this Article shall apply in limitation years beginning on or after July 1, 2007, except as otherwise provided below. (b) Except as provided below, effective for limitation years ending after December 31, 2007, any accrued retirement benefit otherwise payable to a Participant under the Plan at any time shall not exceed the Maximum Permissible Benefit. If the benefit the Participant would otherwise accrue in a Limitation Year would produce an Annual Benefit in excess of the Maximum Permissible Benefit, the benefit shall be limited (or the rate of accrual reduced) to a benefit that does not exceed the Maximum Permissible Benefit. (c) If the Participant is, or has ever been, a Participant in another qualified defined benefit plan (without regard to whether the Plan has been terminated) maintained by the Employer or a predecessor employer, the sum of the Participant's Annual Benefits from all such plans may not exceed the Maximum Permissible Benefit. Where the Participant's Employer - provided benefits under all such defined benefit plans (determined as of the same age) would exceed the Maximum Permissible Benefit applicable at that age, the Employer will apply the benefit accrual limit first to the plan that is not a broad -based participation plan. (d) The application of the provisions of this Article shall not cause the Maximum Permissible Benefit for any Participant to be less than the Participant's accrued benefit under all the defined benefit plans of the Employer or a predecessor employer as of the end of the last Limitation Year beginning before July 1, 2007 under provisions of the plans that were both adopted and in effect before April 5, 2007. The preceding sentence applies only if the provisions of such defined benefit plans that were both adopted and in effect before April 5, 2007 satisfied the applicable requirements of statutory provisions, regulations, and other published guidance relating to Code Section 415 in effect as of the end of the last Limitation Year beginning before July 1, 2007, as described in Treas. Reg. Section 1.415(a)-1(g)(4). (e) The limitations of this Article shall be determined and applied taking into account the rules in Section 10.7. 10.2 Definitions: For purposes of calculating the limitations which are otherwise applicable to a Participant pursuant to Section 415 of the Code and this Plan, the following definitions shall apply. (a) Annual Benefit: A benefit that is payable annually in the form of a straight life annuity. Except as provided below, where a benefit is payable in a form other than a straight life annuity, the benefit shall be adjusted to an actuarially equivalent straight life annuity that begins X-I the Plan for adjusting benefits in the same form; and (II) a 5 percent interest rate assumption and the applicable mortality table defined in Section 2.1(b) of the Plan for that annuity starting date. (ii) Limitation Years beginning on or after July i 2007. For Limitation Years beginning on or after July 1, 2007, the actuarially equivalent straight life annuity is equal to the greater of (1) the annual amount of the straight life annuity (if any) payable to the Participant under the Plan commencing at the same annuity starting date as the Participant's form of benefit; and (2) the annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the Participant's form of benefit, computed using a 5 percent interest rate assumption and the applicable mortality table defined in Section 2.1(b) of the Plan for that annuity starting date. (2) Benefit Forms Subject to Code Section 417(e)(3): The straight life annuity that is actuarially equivalent to the Participant's form of benefit shall be determined under this paragraph if the form of the Participant's benefit is other than a benefit form described in Section 10.2(a)(1). In this case, the actuarially equivalent straight life annuity shall be determined as follows: (i) Annuity Starting Date in Plan Years Beginning After 2005. Except as provided in Section 10.2(a)(2)(iii), if the annuity starting date of the Participant's form of benefit is in a Plan Year beginning after December 31, 2005, the actuarially equivalent straight life annuity is equal to the greatest of: (a) The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the Participant's form of benefit, computed using the interest rate and the mortality table (or other tabular factor) specified in the Plan for adjusting benefits in the same form; (b) The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the Participant's form of benefit, computed using a 5.5 percent interest rate assumption and the applicable mortality table for the distribution under Regulations Section 1.417(e)-1(d)(2) (determined in accordance with Section 10.2(a)(2)(v) for Plan Years after the effective date specified below); and (c) The annual amount of the straight life annuity commencing at the same annuity starting date that has the same actuarial present value as the Participant's form of benefit, computed using the applicable interest rate for the distribution under Regulations Section 1.417(e)-1(d)(3) (determined in accordance with Section 10.2(a)(2)(v) for Plan Years on or after January 1, 2008 and the applicable mortality table for the distribution under Regulations Section 1.417(e)-i (d)(2) (determined in accordance with Section 10.2(a)(2)(v) for Plan Years after the effective date specified below), divided by 1.05. The effective date of the applicable mortality table above is for years beginning after December 31, 2008. X-3 (a) Code Section 430(h)(2)(D) were applied by substituting the average yields for the month described in the preceding paragraph for the average yields for the 24-month period described in such section, and (b) Code Section 430(h)(2)(G)(i)(I1) were applied by substituting "Section 417(e)(3)(A)(ii)(II) for "Section 412(b)(5)(B)(ii)(11)," and (c) The applicable percentage under Code Section 430(h)(2)(G) is treated as being 20% in 2008, 40% in 2009, 60% in 2010, and 80% in 2011. (b) Compensation: Compensation is defined as wages, differential wage payments under Code Section 3401(h) made after December 31, 2008, salaries, and fees for professional services and other amounts received (without regard to whether or not an amount is paid in cash) for personal services actually rendered in the course of employment with the employer maintaining the Plan to the extent that the amounts are includible in gross income (including, but not limited to, commissions paid salespersons, compensation for services on the basis of a percentage of profits, commissions on insurance premiums, tips, bonuses, fringe benefits, and reimbursements, or other expense allowances under a nonaccountable plan (as described in Treas. Reg. Section § 1.62-2(c), and excluding the following: (i) Employer contributions (other than elective contributions described in Code Sections 402(e)(3), 408(k)(6), 408(p)(2)(A)(i), or 457(b)) to a plan of deferred compensation (including a simplified employee pension described in Code Section 408(k) or a simple retirement account described in Code Section 408(p), and whether or not qualified) to the extent such contributions are not includible in the employee's gross income for the taxable year in which contributed, and any distributions (whether or not includible in gross income when distributed) from a plan of deferred compensation (whether or not qualified); (ii) Amounts realized from the exercise of a nonstatutory stock option (that is, an option other than a statutory stock option as defined in Treas. Reg. Section 1.421-1(b)), or when restricted stock (or property) held by the employee either becomes freely transferable or is no longer subject to a substantial risk of forfeiture: (iii) Amounts realized from the sale, exchange or other disposition of stock acquired under a statutory stock option; (iv) Other amounts that receive special tax benefits, such as premiums for group -term life insurance (but only to the extent that the premiums are not includible in the gross income of the employee and are not salary reduction amounts that are described in Code Section 125); (v) Other items of remuneration that are similar to any of the items listed in (i) through (iv). For Limitation Years beginning more than 90 days after the close of the first regular legislative session of the legislative body with authority to amend the Plan that begins on or after July 1, 2007, compensation for a Limitation Year shall also include compensation paid by the later of X-5 (d) Employer: For purposes of this Article, employer shall mean the employer that adopts this plan, and all members of a controlled group of corporations, as defined in Code Section 414(b), as modified by Code Section 415(h)), all commonly controlled trades or businesses (as defined in Code Section 414(c), as modified, except in the case of a brother -sister group of trades or businesses under common control, by Code Section 415(h)), or affiliated service groups (as defined in Code Section 414(m)) of which the adopting employer is a part, and any other entity required to be aggregated with the employer pursuant to Code Section 414(o). (e) Formerly Affiliated Plan of the Employer: A plan that, immediately prior to the cessation of affiliation, was actually maintained by the employer and, immediately after the cessation of affiliation, is not actually maintained by the employer. For this purpose, cessation of affiliation means the event that causes an entity to no longer be considered the employer, such as the sale of a member controlled group of corporations, as defined in Code Section 414(b), as modified by Code Section 415(h), to an unrelated corporation, or that causes a plan to not actually be maintained by the employer, such as transfer of plan sponsorship outside a controlled group. (f) Limitation Year: The Plan Year: All qualified plans maintained by the employer must use the same Limitation Year. If the Limitation Year is amended to a different 12-consecutive month period, the new Limitation Year must begin on a date within the Limitation Year in which the amendment is made. (g) Maximum Permissible Benefit: The Defined Benefit Dollar Limitation (adjusted where required, as provided below). (1) Adjustment for Less Than 10 Years of Participation: If the Participant has less than 10 years of participation with the Employer, the Defined Benefit Dollar Limitation shall be multiplied by a fraction -- (i) the numerator of which is the number of Years (or part thereof, but not less than one year) of Participation in the Plan, and (ii) the denominator of which is 10. (2) Adjustment of Defined -Benefit -Dollar Limitation for Benefit Commencement Before Age 62 or after Age 65: Effective for benefits commencing in Limitation Years ending after December 31, 2001, the Defined Benefit Dollar Limitation shall be adjusted if the annuity starting date of the Participant's benefit is before age 62 or after age 65, I£ the annuity starting date is before age 62, the Defined Benefit Dollar Limitation shall be adjusted under Subsection (g)(2)(i), as modified by (g)(2)(iii). If the annuity starting date is after age 65, the Defined Benefit Dollar Limitation shall be adjusted under Subsection (g)(2)(ii), as modified by, Subsection (g)(2)(iii), (i) Adjustment of Defined Benefit Dollar Limitation for Benefit Commencement Before Age 62. I. Limitation Years Beginning Before July 1, 2007. If the annuity starting date for the Participant's benefit is prior to age 62 and occurs in a Limitation Year beginning before July 1, 2007, the Defined Benefit Dollar Limitation for the Participant's annuity starting date is the annual amount of a benefit payable in the form of a straight life 90 the Plan; or (2) a 5-percent interest rate assumption and the applicable mortality table as defined in Section 2.1(b) of the Plan. II. Limitation Years Beginning On or After July 1, 2007. A. Plan Does Not Have Immediately Commencing Straight Life Annuity Payable at Both Age 65 and the Age of Benefit Commencement. If the annuity starting date for the Participant's benefit is after age 65 and occurs in a Limitation Year beginning on or after July 1, 2007, and the Plan does not have an immediately commencing straight life annuity payable at both age 65 and the age of benefit commencement, the Defined Benefit Dollar Limitation at the Participant's annuity starting date is the annual amount of a benefit payable in the form of a straight life annuity commencing at the Participant's annuity starting date that is the actuarial equivalent of the Defined Benefit Dollar Limitation (adjusted under Subsection (g)(1) for years of participation less than 10, if required)with actuarial equivalence computed using a 5 percent interest rate assumption and the applicable mortality table for that annuity starting date as defined in Section 2.1(b) of the Plan (and expressing the Participant's age based on completed calendar months as of the annuity starting date). B. Plan Has Immediately Commencing Straight Life Annuity Payable at Both Age 65 and the Age of Benefit Commencement. If the annuity starting date for the Participant's benefit is after age 65 and occurs in a Limitation Year beginning on or after July 1, 2007, and the Plan has an immediately commencing straight life annuity payable at both age 65 and the age of benefit commencement, the Defined Benefit Dollar Limitation at the Participant's annuity starting date is the lesser of the limitation determined under Subsection (g)(2)(ii)II.A., and the Defined Benefit Dollar Limitation (adjusted under Subsection (g)(1) for years of participation less than 10, if required) multiplied by the ratio of the annual amount of the adjusted immediately commencing straight life annuity under the Plan at age 65, both determined without applying the limitations of this Article. For this purpose, the adjusted immediately commencing straight life annuity under the Plan at the Participant's annuity starting date is the annual amount of such annuity payable to the Participant, computed disregarding the Participant's accruals after sixty-five (65) years of age but including actuarial adjustments even if those actuarial adjustments are used to offset accruals; and the adjusted immediately commencing straight life annuity under the Plan at sixty-five (65) years of age is the annual amount of such annuity that would be payable under the Plan to a hypothetical member who is sixty-five (65) years of age and has the same accrued benefit as the Participant. (iii) Notwithstanding the other requirements of this Subsection (g)(2), in adjusting the Defined Benefit Dollar Limitation for the Participant's annuity starting date under Subsections (g)(2)(i)I. and (g)(2)(i)II.A., (g)(2)(ii)I., (g)(2)(ii)II.A., no adjustment shall be made to the Defined Benefit Dollar Limitation to reflect the probability of a Participant's death between the annuity starting date and age 62, or between age 65 and the annuity starting date, as applicable, if benefits are not forfeited upon the death of the Participant prior to the annuity starting date. To the extent benefits are forfeited upon death before the annuity starting date, such an adjustment shall be made. For this purpose, no forfeiture shall be treated as occurring upon the Participant's death if the Plan does not charge Participants for providing a qualified preretirement survivor annuity, as defined in Code Section 417(c), upon the Participant's death. M, 10.5 Year of Participation: The Participant shall be credited with a Year of Participation (computed to fractional parts of a year) for each accrual computation period for which the following conditions are met: (1) the Participant is credited with the period of service for benefit accrual purposes, required under the terms of the Plan in order to accrue a benefit for the accrual computation period, and (2) the Participant is included as a Participant under the eligibility provisions of the Plan for at least one day of the accrual computation period. If these two conditions are met, the portion of a year of participation credited to the Participant shall equal the amount of benefit accrual service credited to the Participant for such accrual computation period. A Participant who is permanently and totally disabled within the meaning of Code Section 415(c)(3)(C)(i) for an accrual computation period shall receive a Year of Participation with respect to that period. In addition, for a Participant to receive a Year of Participation (or part thereof) for an accrual computation period, the Plan must be established no later than the last day of such accrual computation period. In no event shall more than one Year of Participation be credited for any 12-month period. 10.6 Other Rules: (a) Benefits Under Terminated Plans: If a defined benefit plan maintained by the employer has terminated with sufficient assets for the payment of benefit liabilities of all plan Participants and a Participant in the Plan has not yet commenced benefits under the Plan, the benefits provided pursuant to the annuities purchased to provide the Participant's benefits under the terminated plan at each possible annuity starting date shall be taken into account in applying the limitations of this Article. If there are not sufficient assets for the payment of all Participants' benefit liabilities, the benefits taken into account shall be the benefits that are actually provided to the Participant under the terminated plan. (b) Benefits Transferred From the Plan: If a Participant's benefits under a defined benefit plan maintained by the employer are transferred to another defined benefit plan maintained by the employer and the transfer is not a transfer of distributable benefits pursuant Tress. Reg. Section 1.411(d)-4, Q&A-3(c), the transferred benefits are not treated as being provided under the transferor plan (but are taken into account as benefits provided under the transferee plan). If a Participant's benefits under a defined benefit plan maintained by the employer are transferred to another defined benefit plan that is not maintained by the employer and the transfer is not a transfer of distributable benefits pursuant to Treas. Reg. Section 1.411(d)-4, Q&A-3(c), the transferred benefits are treated by the employer's plan as if such benefits were provided under annuities purchased to provide benefits under a plan maintained by the employer that terminated immediately prior to the transfer with sufficient assets to pay all Participants' benefit liabilities under the Plan. If a Participant's benefits under a defined benefit plan maintained by the employer are transferred to another defined benefit plan in a transfer of distributable benefits pursuant Tress. Reg. Section 1.411(d)-4, Q&A-3(c), the amount transferred is treated as a benefit paid from the transferor plan. (c) Formerly Affiliated Plans of the Employer: A formerly affiliated plan of an employer shall be treated as a plan maintained by the employer, but the formerly affiliated plan shall be treated as if it had terminated immediately prior to the cessation of affiliation with sufficient assets to pay Participants' benefit liabilities under the Plan and had purchased annuities to provide benefits. X-11 treated as annual additions to a defined contribution plan; and (e) allocations under a simplified employee pension. (c) Participation in another plan: This subsection applies if, in addition to this plan, the participant is covered under another qualified defined contribution plan maintained by the employer, a welfare benefit fund maintained by the employer, an individual medical account maintained by the employer, or a simplified employee pension maintained by the employer, that provides an annual addition as defined in subsection (b), during any limitation year. The annual additions which may be credited to a participant's account under this plan for any such limitation year will not exceed the maximum permissible amount reduced by the annual additions credited to a participant's account under the other qualified defined contribution plans, welfare benefit funds, individual medical accounts, and simplified employee pensions for the same limitation year. If the annual additions with respect to the participant under other qualified defined contribution plans, welfare benefit funds, individual medical accounts, and simplified employee pensions maintained by the employer are less than the maximum permissible amount and the employer contribution that would otherwise be contributed or allocated to the participant's account under this plan would cause the annual additions for the limitation year to exceed this limitation, the amount contributed or allocated will be reduced so that the annual additions under all such plans and funds for the limitation year will equal the maximum permissible amount. If the annual additions with respect to the participant under such other qualified defined contribution plans, welfare benefit funds, individual medical accounts, and simplified employee pensions in the aggregate are equal to or greater than the maximum permissible amount, no amount will be contributed or allocated to the participant's account under this plan for the limitation year. 10.8 Re-employment of Former Employees: If a Participant's employment is terminated before he is eligible for a Pension and the Participant is subsequently re-employed by the Employer, the Participant shall only receive credited Service for his previous period of employment if he did not receive a distribution of Aggregate Contributions, with eligibility and vesting rules as provided under Article VIII-Employment Transfers. The Participant will receive the credited Service once he has satisfied the vesting requirements specified in the Joinder Agreement to become 100% vested. If the Employer has established a new hire retirement plan, and the retired Employee has incurred a Break in Service, the retired Employee shall be enrolled in the new hire retirement plan. If a Participant's employment is terminated before he is eligible for a Pension, the Plan provided for the Non -Contribution Option on or before such termination, and the Participant is subsequently re-employed by the Employer, then the Participant will be entitled to credit for such prior Service for benefit accrual purposes, but not for vesting purposes. 10.9 Re-employment of Retired Participants: (a) Deferred Vested Retired Participant: If a former Participant retired under this Plan is re-employed by the Employer, and again becomes an Employee under the Plan, no Pension payments shall be made during the period of such re-employment. Upon the subsequent termination of such Employee's employment, the Employee shall be entitled to receive a Pension the amount of which is computed on the basis of the Plan's benefit X-13 ARTICLE XI. Guarantees and Liabilities 11.1 Non -Guarantee of Employment: Nothing contained in this Plan shall be construed as a contract of employment between the Employer and any Employee, or as a right of any Employee to be contained in the employment of the Employer, or as a limitation of the right of the Employer to discharge any of its Employees, with or without cause. 11.2 Rights to Fund Assets: No Participant shall have any right to, or interest in, any assets of the Fund upon termination of his employment or otherwise, except as provided from time to time under this Plan, and then only to the extent of the benefits payable to such Participant out of the assets of the Fund. All payments of benefits as provided for in this Plan shall be made solely out of the assets of the Fund and neither the Employer, the Trust Service Provider, the Authorized Agent, nor any individual Trustee shall be liable in any manner. 11.3 Non -Alienation of Benefits: The Fund shall be exempt from legal process and no order may be made to hold, seize, garnishee, or attach payments to any person. Except as duly required under applicable law (including any domestic relations order) benefits payable under this Plan shall not be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance, charge, garnishment, execution, or levy of any kind, either voluntary or involuntary, including any liability for alimony or other payments for property settlement or support of a spouse or former spouse, or for any other relative of the Participant, but excluding devolution by death or mental incompetency, prior to being received by the person entitled to the benefit under the terms of the Plan. Except as may be duly required under applicable law, the Fund shall not in any manner be liable for, or subject to, the debts, contracts, liabilities, engagements, or torts of any person entitled to benefits hereunder and none of the unpaid Plan benefits or Trust assets shall be considered an asset of the Participant in the event of his divorce, insolvency, or bankruptcy. 11.4 Disclaimer of Liability: Neither the Employer, the Trust Service Provider, the Authorized Agent, the Trustees, nor any individual Trustee guarantees the Fund in any manner against loss or depreciation, and they shall not be liable for any act, or failure to act, which is made in good faith pursuant to the provisions of the Plan. The Employer shall not be responsible for any act, or failure to act, of the Trustees or the Trust Service Provider. The Trustees shall not be responsible for any act, or failure to act, of the Employer or the Authorized Agent. 11.5 Indemnification of Trustees: The Trustees shall be indemnified from the assets of the Fund against any and all Iiabilities arising by reason of any act, or failure to act, made in good faith pursuant to the provisions of the Plan, including expenses reasonably incurred in the defense of any claim relating thereto. 11.6 Payments Under a Qualified Domestic Relations Order (a) General: The Municipality shall follow the terms of any "Qualified Domestic Relations Order" as defined in Subsection (b) below issued with respect to a Participant where such Qualified Domestic Relations Order grants to an "Alternate Payee" rights in the benefit of the Participant. XI-1 terminate said benefit only upon the receipt of a certified copy of a marriage license, or a copy of a certified order issued by the Court that originally issued said Qualified Domestic Relations Order declaring the remarriage of said Alternate Payee. (i) This Section of the Plan shall not be subject to the provisions of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C.A. Section 1001, et seq., as amended from time to time, or rules and regulations promulgated thereunder, and court cases interpreting said Act. 0) The Board of Trustees of the Oklahoma Municipal Retirement Fund shall promulgate such rules as are necessary to implement the provisions of this Section. (k) Effective on or after April 6, 2007, a domestic relations order that otherwise satisfies the requirements for a QDRO will not fail to be a QDRO: (i) solely because the order is issued after, or revises, another domestic relations order or QDRO; or (ii) solely because of the time at which the order is issued, including issuance after the annuity starting date. (1) An Alternate Payee who has acquired beneficiary rights pursuant to a valid Qualified Domestic Relations Order must fully comply with all provisions of the rules promulgated by the Trustees pursuant to this Section in order to continue receiving his or her benefits. (m) Nothing in this Section shall grant a spouse or former spouse of a Participant any property rights in the benefits of any Participant except as specifically authorized for Qualified Domestic Relations Orders, and no spousal consent shall be required for a Participant to elect or change elections pertaining to a benefit payable under this Plan. M W ARTICLE XIII. Termination 13.1 Right to Terminate: The Employer may at any time terminate the Plan by proper ordinance and may direct and require the Trustees to liquidate the Fund. If the Employer shall for any reason cease to exist, the Plan shall terminate and the Fund shall be liquidated, unless continued by a successor. 13.2 Liquidation of Fund: Upon termination of the Plan or a permanent discontinuance of Employer contributions, the assets of the Fund which have been allocated for the Participants, and interests of the Participants therein as determined by the actuaries, shall be liquidated, after provision is made for the expenses of liquidation, by the payment (or provision for the payment) of benefits accrued prior to the date of termination in the following order of precedence: (a) The Contribution Accumulation of each Participant or former Employee entitled thereto under Article VIII, as of the date of such Plan termination, or earlier date of death or Retirement. (b) The Aggregate Contributions of each Participant or former Employee entitled thereto under Article VIII, as of the date of such Plan termination, or earlier date of death or Retirement, less other benefit payments, if any, previously received in each case by or on behalf of each such Participant, former Employee, or other eligible Beneficiary. Any such withdrawals on the part of such persons will reduce their interests in distributions under categories (b), (c), (d) and (e) below, on a proportionate basis, as determined by the actuary. Any such person may elect not to take such withdrawals, and have the value thereof included in the actuary's determination of his distributions under categories (b), (c), (d) and (e) below. (c) Pensions or other benefits in course of payment to retired Participants, and Beneficiaries of deceased Participants and immediate Pensions for Employees or former Employees entitled thereto under Article VIII, who have reached their Normal Retirement Dates but have not retired. (d) Pensions deferred to Normal Retirement Date for Participation who have qualified for an Early Pension. (e) Pensions deferred to Normal Retirement Date for Participants who have qualified for a Deferred Vested Pension. If the funds available in any of categories (b), (c), or (d) are determined to be insufficient to provide all such benefits the funds and benefits shall be apportioned among the various persons, first in category (b), next in category (c), and next in category (d), in the same proportion as each person's accrued credits bears to the accrued credits of all persons in each such category on an Actuarial Equivalent basis as determined by the actuary. (f) If the cost of providing for the benefits, first in category (b), next in category (c), and next in category (d) is determined to be less than the total funds available, the balance will revert to the Employer. XIII-I ARTICLE XIV. General 14.1 USERRA: Notwithstanding any provision of this Plan to the contrary, effective December 12, 1994, contributions, benefits and service credit with respect to qualified military service will be provided in accordance with Section 414(u) of the Code. A Participant returning from military service shall not be entitled to catch-up on Pick -Up Contributions missed during such military service. 14.2 No Contract Between Employer and Participant: Neither the creation of this Plan, nor any amendment to it, nor the creation of any fund, nor the payment of benefits hereunder shall be construed as giving any legal or equitable right to any Participant against the Employer or against the Oklahoma Municipal Retirement Fund, except as provided herein, and all liabilities under this Plan shall be satisfied, if at all, only out of the Fund held by the Oklahoma Municipal Retirement Fund. Participation in the Plan shall not give any Participant any right to be retained in the employ of the Employer, and the Employer hereby expressly retains the right to hire and discharge any Participant at any time with or without cause, as if this Plan had not been adopted, and any such discharged Participant shall have only such rights or interests in the Fund as may be specified herein. 14.3 Payment of Fees: The Employer shall pay a fee in an amount determined and revised from time to time by the Oklahoma Municipal Retirement Fund. 14.4 Governing Law: The validity, construction and administration of this Plan shall be determined under the laws of the State of Oklahoma. 14.5 Counterpart Execution: This Plan may be executed in two or more counterparts, as may be all amendments thereto be executed, and any one of the executed copies shall be deemed an original. 14.6 Severability: Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Plan. 14.7 Number and Gender: Pronouns and other similar words used herein in the masculine gender shall be read as the feminine gender where appropriate; pronouns and other similar words used herein in the neuter gender shall be read as the masculine or feminine gender where appropriate; and the singular form of words shall be read as the plural where appropriate. 14.8 Compensation and Expenses of Administration: If a Trustee, a member of Oklahoma Municipal Retirement Fund, or a member of the Committee is an Employee of the Employer, he shall serve without any additional compensation. The Employer may pay all or part of the expenses of administration of the Plan, including the compensation and expenses of the Trustee, and any other expenses incurred at the direction of the Oklahoma Municipal Retirement Fund, including, without limitation, fees of actuaries, accountants, attorneys, investment managers, investment advisors and other specialists, and any other costs of administering the Plan. To the XIV-1 WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing instrument comprising the Plan, the Oklahoma Municipal Retirement Fund has caused its corporate seal to be affixed hereto and these presents to be duly executed in its name and behalf by its proper officers thereunto authorized this, �cV'day of c r zE_ay. "I"1PA! ..RFp� , OKLAHO MUNICI L RETIREMENT FUND ATTE By r \tt: SbA L):C OKt N. ril'1 STATE OF OKLAHOMA ) ) ss. COUNTY OF OKLAHOMA ) n BEFORE ME, the undersigned a Notary Public in and for said County and State, on this day of Ceb(ooq,t 20 , personalty appeared NAyy, IOV, to me known to be the t eitical person who subscribed the name of the Oklahoma Municipal Retirement Fund, a municipal corporation, to the foregoing instrument as its Chairperson and acknowledged to me that he executed the same as his free and voluntary act and deed and as the free and voluntary act and deed of such corporation, for the uses and purposes therein set forth. GIVEN UNDER MY HAND AND written. tP V P� OR Tc,i ,.�I Notary `.QO,-*o.ztoi2�.9 My Co (NOTA$YSEALjtcV oa-o /Prot to`\�. the da`( and year last above Expires: OR�7laoas I TO: FROM: SUBJECT: DATE: The Honorable Mayor and City Council Alexa Beemer, AICP, Planning Manager Final Plat-Casey's General Store #4559 November 15, 2024 BACKGROUND: The Community Development Department received an application for review and approval of a final plat for Casey's General Store #4559, a proposed commercial subdivision. The subject property is located at the northeastern comer of the intersection of East 106th Street North and North Garnett Road. SUBJECT PROPERTY/PROJECT DATA: Property Size 5.60 acres +/- Current Zoning Commercial Shopping (CS) Present Use Vacant Proposed Use Commercial Lots/Blocks 2 Lots/1 Block Land Use Master Plan Commercial Within a Planned Unit Development PUD ? No Within an Overlay District? No Water Provider City of Owasso Applicable Paybacks Storm Siren Fee ($50.00 per acre) Ranch Creek Interceptor Sewer Payback Area ($610.33 per acre) Meadowcrest Sewer Relief Area 867.00 per acre ANALYSIS: • The subject property was annexed into Owasso City Limits with Ordinance 953 in 2011. • This is a two (2) lot, one(]) block combined final plat for a commercial development. o The proposed lots as depicted on this plat meet the bulk and area requirements stipulated in the Owasso Zoning Code for CS -zoned property. • The Owasso Planning Commission will review the preliminary plat for this subject property at their regular meeting on November 11, 2024, • There will be two (2) points of access for this subdivision - one off of North Garnett Road and one off of East 106th Street North. o The plat also depicts two mutual access easements (MAEs) immediately adjacent to the two proposed points of access. Said MAEs will provide cross -access between the two proposed lots contained within this subject plat. • Detention and drainage for Lot 1 will be provided for via a proposed detention easement, to be located in the northwestern corner of said Lot 1. Said easement will be dedicated via separate instrument. Final Plat - Casey's General Store #4559 Page 2 o Detention and drainage for Lot 2 will be provided for on -site of said Lot 2, in a location and manner to be determined when said lot develops. • Perimeter and interior utility easements are shown on the plat, allowing utility companies adequate access to service the subdivision. • The City of Owasso will provide police, fire, ambulance, water, and sanitary sewer services to the property. • Any development that occurs on the subject property must adhere to all subdivision, zoning, and engineering requirements. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping Skating Rink Commercial City of Owasso South Commercial Shopping Residential Commercial City of Owasso East Agriculture (AG) Residential Commercial Tulsa County West Commercial Shopping Residential Commercial City of Owasso PLANNING COMMISSION: The Owasso Planning Commission voted 5-0 to recommend approval of this item at their regular meeting on November 11, 2024. RECOMMENDATION: In developing a recommendation, staff evaluated the final plat on the criteria outlined in Section 2.4 of the Owasso Subdivision Regulations. Following this evaluation, staff concluded that the subject plat meets all legal requirements for approval. As such, staff recommends approval of the final plat for Casey's General Store #4559. ATTACHMENTS: Aerial Map Final Plat - Casey's General Store #4559 a IN 4 IF T —1 IVIS Kl®Pi "il JL E ai � fi��'.4f 6�fPEY 74 �_..� .ti u g I Y < VA Arrr, �14yt1��^;y'�t Aerial Map N °'0.03 0.05 OM 0.11 Mlles Final Plat- Casey's General Store # 4559 Subject Tract n N Lane Summary BBTIT oI BMnngb wau•Rw .off •»sss.an `•..�.e.. FLOOOP��IN SUBDNIISION STATISnCS mo- as ZONING UTILITY CONTACTS mi as LandMaping NOUN, Drainage Note Final Platt CASIEY S GENERAL STORE #4559 AE WSIGGM,LE CRY OF BOATED MS.1 BECTY,OR1fNDM\ BEINGgPART OFMETWNOFMEEAAOMME SW/K nF bECTION4TOWNSHP21 NGRM, RPNGE I4E4Ti OF1NE INDIhV YSEAND MERIDVN. TUI.BA COIINIY, EiAIEOF ORWIOM4 2 LOTS,f BLOCK Owner Developer EnglneerlSum,or iTHA0W 1.1-IINGa CABLE TRUST Cp$EYT MARKETING COMPANY THESCHEMMERAMOCMTE%LLC 1 — V511o¢m 51R(1 NA. m a3 5 �noeo%nn �wOwe R 11 E s 21 S[alea'=41Y 1 m - N Location Map • mmui GVEYS GENERA MIEN LEEOOFLEDSA. 4 PESFF .EF... COhEW MMESUB.WS 1. 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PA%ErnON GF TE INEEPOPVIMpcA6IAtl1i11E6LWlEO W NEIPLOT HD]IWLFMVEMTEApEMMXI. -RANEENANYYa v11EACG1ErIM1Cnox ACTNm TNrNaRpIMERFEAENINn1Ewa ImFUFMwTMGm axAcesGLLMRESPaNSIgEfmnEowNwv RaxRwHCE o 6ND GGNIIE9. eM nE aN1ER sxALL PAv roP GM W E aR MiOunox OF�NNAAC01rn�x HEEDORNEGS9ILAROBYACT4 OFlEEGME,q. G(rt4 AOEX9of ]. iKFgEDgIA[OrF1UMEMTFgi]XW MSPAMCRWISMLLEEEMORCFABIEBYTE SLFPIFA m T¢ cA] SERNEE M9 TE gHEq CF TE Lpi ACMES T] M BOYro lEP£BY. I �jV ¢,t inVM . RFLLUeu V . RLLL CmnuNy TO: The Honorable Mayor and City Council FROM: Alexa Beemer, AICP, Planning Manager SUBJECT: Specific Use Permit (SUP 24-03) - Express Oil DATE: November 15, 2024 BACKGROUND: The Community Development Department received an application for review and approval of a Specific Use Permit (SUP) to allow for an automotive repair and maintenance use in a Commercial Shopping (CS) zoning district. The subject property is located at 9401 North Garnett Road, south of the southeastern corner of the intersection of East 96+h Street North and North Garnett Road. SUBJECT PROPERTY/PROJECT DATA: Property Size 0.92 acres +/- Current Zoning Commercial Shopping (CS) Present Use Vacant Proposed Use Automotive Repair & Maintenance Land Use Master Plan Commercial Within a Planned Unit Development PUD ? Yes; OPUD 21-02 Within an Overlay District? Yes; US-169 Overlay District Water Provider City of Owasso Applicable Paybacks Assessed at Platting) N/A (already platted) ANALYSIS: • The subject property was annexed into Owasso City Limits with Ordinance 495 in 1995. • A SUP is required in certain zoning districts for uses or structures that may be considered more intense than what is allowed by right, through the City of Owasso's Zoning Code. • An oil -change and fire facility falls under the "automotive repair and maintenance" use category outlined in Table 6.1 of the Owasso Zoning Code. In the CS zoning district and within the US-169 Overlay District, an "automotive repair and maintenance" facility is allowed with an SUP. o Thus, an SUP is being requested for the proposed use on this property, as it is zoned CS and is within the US-169 Overlay District. • The GrOwasso 2035 Land Use Master Plan identifies the subject property for future commercial uses. o All surrounding parcels immediately adjacent to the subject property are also identified for future commercial uses on the Plan. o There is a residential use immediately adjacent to the east side of the subject property, as allowed per the approved OPUD 21-02. The applicant has worked with staff to design the site and new structure in an appropriate manner that conforms to the design requirements of the Zoning Code and minimizes the impacts on the neighborhood to the east of the site. SUP 24-03 Page 2 o The proposed automotive repair shop will be a six (6) bay structure, composed of concrete masonry units (CMU), thus meeting the fagade requirements for commercial structures seen within Chapter 11 of the Owasso Zoning Code. o The subject property is buffered from the single-family neighborhood to the east by a setback of approximately one -hundred and fifty-two (152) feet. Additionally, the conceptual site plan calls -out a six (6) foot privacy fence along the eastern property line; this will further help buffer the subject property from the adjacent residential neighborhood. o The conceptual site plan shows a dense landscaping bed along the eastern property line, with four (4) additional large trees than what is required by Code. All landscaping requirements outlined in Chapter 19 of the Owasso Zoning Code will have to be met. o As indicated on the conceptual site plan, the applicant intends to install wall -pack lighting fixtures on the building only. All lighting will have to comply with Chapter 20 of the Owasso Zoning Code. o The applicant has indicated that they are aware of the Owasso Noise Ordinance, and will comply with such, per a note on the conceptual site plan. The applicant has indicated that the facility will be in operation between the hours of 8:00 AM- 6:00 PM Monday through Friday, and 8:00 AM- 5:00 PM on Saturdays. The dumpsters for the site will be located on the southeastern corner of the property, setback approximately fifty (50) from the eastern property line, and will be fully screened, per Chapter 19 of the Owasso Zoning Code. The main purpose of the SUP requirement is to ensure the development does not impose any negative direct impacts to adjoining properties and that the proposed use works in harmony within the context of the area. o Considering this, the applicant has indicated via their conceptual site plan that they intend to install adequate buffering between their site and the neighboring single- family homes. The design of the site will serve to reduce and minimize any negative impacts on the single-family neighborhood to the east. Any further development that occurs on the subject property shall adhere to all development, zoning, and engineering requirements of the City of Owasso. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction NorthCommercial Shopping Wetland Commercial City of Owasso South Commercial Shopping Vacant Commercial City of Owasso Residential East Neighborhood Mixed Residential Commercial City of Owasso RNX West CommerCG)General Vacant Commercial City of Owasso SUP 24-03 Page 3 PLANNING COMMISSION: The Owasso Planning Commission voted 5-0 to recommend approval of this item at their regular meeting on November 11, 2024. RECOMMENDATION: In developing a recommendation, staff evaluated the SUP on the criteria outlined in Section 16.1.7 of the Owasso Zoning Code. Following this evaluation, staff concluded that the SUP request meets all of the legal requirements for approval. As such, staff recommends approval of SUP 24-03. ATTACHMENTS: Aerial Map Zoning Map GrOwasso 2035 Land Use Master Plan Map SUP Site Plan Package Lam- itJU(ni lJ7r W— " , i � :,ti K a+: � V o1-1p . i lie. cx 9..}� �� �.��z �. Y — if ;•e w l �/ , , :ry� ;� i� I I � •,-F�J'# r t. ^ ',,,J� � �� 17 n 4ir fxi .. :, d "LA171. 84v j.,A4 , SUBJECT TRACT ✓ �;' t' s 001, y r m / e Note: Graphic overlays may N not precisely turson align wilh phys/cal Subject features Date: ® Tract SUP24-03 ioo zio ' aio 2021-14 Aerial Photo Date: 2013 Feet U G� Qua RNX „ v CS Subject Tract N 0 0.02 0.03 OM 0.09 0.13 Surrounding Zoning N M SUP 24-03 - IL E95TH PL ,, o INKo 0 0.02 0.03 OM 0.09 0.13 �Mfl.s IK" k1l F# 11r GrOwasso 2035 Land Use Master Plan SUP 24-03 Land Use Categories Parks/Recreation Public/Institutional Residential Transitional Neighborhood Mixed Redbud District Neighborhood Commercial Commercial Industrial/Regional Employment US-169 Overlay Subject Tract 0 GENEMLGENEMLN :: SPr�iPrwna m.we.rm.nwn. I ry �.,. 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TO: The Honorable Mayor and City Council FROM: Wendy Kramer, City Planner SUBJECT: Ordinance 1226, Planned Unit Development (OPUD 24-01) & Rezoning (OZ 24-04) — Bailey Village DATE: November 15, 2024 BACKGROUND: The Community Development Department received a Planned Unit Development (PUD) application for Bailey Village, a proposed single-family residential development located a half -mile southeast of the East 106th Street North and North 97th East Avenue intersection. The subject property is approximately 66.52 acres in size and is currently zoned Residential Single Family Low Density (IRS-1), Office (0), Agriculture (AG), Residential Multi -Family (RM), and Commercial Shopping (CS) under OPUD 06-04. This PUD application is requesting the abandonment of OPUD 06-04 on the subject property and the creation of a new OPUD 24-01 overlay on the property. A separate rezoning request (OZ 24-04) has been concurrently filed with this PUD request, requesting the subject property be assigned the Residential Single Family High Density (RS-3) zoning designation. SUBJECT PROPERTY/PROJECT DATA: Property Size 66.52 acres +/- Residential Single Family Low Density (RS-1), Office Current Zoning (0), Agriculture (AG), Residential Multi -Family (RM), Commercial Shopping CS Proposed Zoning Residential Single -Family High Density RS-3 Present Use Vacant Land Use Master Plan Residential, Transitional & Commercial Within a Planned Unit Development (PUD)? Yes; OPUD 06-04 (this OPUD 24-01 request would abandon the current PUD Within an Overlay District? No Water Provider Cif y of Owasso Applicable Paybacks/Fees Storm Siren Fee ($50.00 per acre) (Assessed at Permitting) Ranch Creek Interceptor Sewer Payback Area $610.33 per acre CONCEPT OF A PUD: A PUD is a development concept that allows for greater creativity and flexibility than typically allowed under traditional zoning and planning practices. o For example, PUDs often allow developers to place different zonings and land uses in close proximity to each other. o Developers may also have more flexibility in certain aspects of development, such as lot width requirements and building height limitations, which can be more restrictive in standard zoning districts. A PUD should not be considered as a tool to circumvent the City's Zoning Code and Subdivision Regulations. All aspects of the PUD application are subject to public comment as well as consideration and approval from the Community Development Department, the Owasso Technical Advisory Committee, the Owasso Planning Commission, and the Owasso City Council. OPUD 24-01/OZ 24-04 Page 2 PUD applications presented to the Planning Commission and City Council are for approval of the uses and the overall conceptual development plan as it relates to the context of the surrounding area. GROWASSO 2035 LAND USE MASTER PLAN CONSISTENCY: • The GrOwasso 2035 Land Use Master Plan is a document that acts as a moderately flexible tool for evaluating development proposals. The GrOwasso 2035 Land Use Master Plan identifies the property for future Residential, Transitional, and Commercial land uses. As such, the proposed development is in keeping with the uses called out for this location as single-family uses are considered less intense than Transitional and Commercial uses. ANALYSIS: • The subject property was annexed into Owasso City Limits with Ordinance 587 in 1998, and is currently zoned Residential Single Family Low Density (RS-1), Office (0), Agriculture (AG), Residential Multi -Family (RM), and Commercial Shopping (CS) under OPUD 06-04. • In order to accommodate the proposed use, density, and to establish a uniform zoning for the subject property to meet the intent as outlined in this PUD, the applicant is requesting the property be assigned a zoning designation of RS-3 through concurrent rezoning request OZ 24- 04. The applicant is also requesting the abandonment of the original OPUD 06-04 on this subject property. • Following the intent of PUDs as described in Chapter 9 of the Owasso Zoning Code to allow for flexibility in designing development, the applicant has brought forth OPUD 24-01 for consideration to allow this project to be designed as a slightly denser development, in terms of minimum lot width, to work with the natural drainage and topography of the site. The PUD proposes a reduction in the minimum lot width from 65 feet (per RS-3 zoning requirements) to 60 feet. • The conceptual development plan and the PUD document submitted for OPUD 24-01 states the applicant intends to construct single-family detached dwellings, for a total of one hundred and eighty-five (185) dwelling units. The total gross density of the proposed development would be 3.6 dwelling units per acre (DU/AC), which is under the maximum dwelling units per acre amount allowed by right in the RS-3 zoning district (which is 6.2 DU/AC). • The OPUD 24-01 document lists several amenity features for the development that will be finalized at the platting stage. These proposed amenities may include the following: a stocked fishing pond surrounded by open space parks containing walking/hiking trails, community playing fields or a disc golf course, and a community swimming pool or spray ground alongside a pavilion or clubhouse. • The conceptual development plan also shows desired locations of tree plantings, both internal to the site and to the south and along the southern exterior of the property. All plantings and screening requirements must adhere to Chapter 19 of the Owasso Zoning Code. • Two points of access are depicted on the conceptual development plan, both of which are located off the proposed North 1051h East Avenue. o The exact location of each access point will be determined at the final platting stage. • The City of Owasso will provide police, fire, ambulance, water, and sanitary sewer services to the property. OPUD 24-0 i /OZ 24-04 Page 3 • Any development that occurs on the subject property shall adhere to all development, zoning, and engineering requirements of the City of Owasso. SURROUNDING ZONING AND LAND USE: Direction Zoning Use Land Use Plan Jurisdiction North Commercial Shopping (CS), Vacant Commercial/ City of Owasso Residential Multi-Famil RM Transitional South Residential Single -Family Residential Residential City of Owasso High Density (RS-3) East Office (0) Vacant Transitional City of Owasso West Residential Single -Family Residential Residential City of Owasso High Density (RS-3) PLANNING COMMISSION: The Owasso Planning Commission voted 5-0 to recommend approval of this item at their regular meeting on November 11, 2024. RECOMMENDATION: In developing a recommendation, staff evaluated the PUD's ability to accomplish the following, as described in Section 9.1.2 of the Owasso Zoning Code: • Maintain and enhance the quality of life in Owasso; • Provide opportunities for urban infill; • Maintain and promote a sense of community; • Encourage development that otherwise could not occur on the site; • Preserve and provide meaningful open space; • Promote connectivity and compatibility with surrounding development; • Inspire unique and thoughtful development; • Support the development of strong neighborhoods; • Provide amenities beyond conventional development; and • Preserve the physical characteristics of the land. Following this evaluation, staff concluded that the subject PUD meets all legal requirements for approval. Additionally, staff evaluated Oklahoma State Statute, Title 11, Chapter 1, Part 1, Article XXI, Section 21- 101. Following this evaluation, staff concluded that the subject rezoning request meets all of the legal requirements for approval. As such, staff recommends adoption of Ordinance 1226. ATTACHMENTS: Ordinance 1226 Zoning Map GrOwasso 2035 Land Use Master Plan Map PUD Document CITY OF OWASSO, OKLAHOMA ORDINANCE 1226 AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT AS REFERENCED IN APPLICATION OPUD 24-01 AND A REZONING AS REFERENCED IN OZ 24-04 AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WHEREAS, public hearings have been held regarding the request for rezoning and a planned unit development on the property described below; and, WHEREAS, the Owasso City Council has considered the recommendation of the Owasso Planning Commission and all statements for or against the requested planned unit development (PUD) application OPUD 24-01 and rezoning application OZ 24-04. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT TO WIT: SECTION 1. A tract of land situated in the north half (N/2) of Section Eighteen (18), Township Twenty-one (21) North, Range Fourteen (14) east of the Indian Base and Meridian, Tulsa County, Oklahoma according to the official U.S. government survey thereof, being more particularly described as follows: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTH HALF (N/2) OF SECTION EIGHTEEN (18); THENCE SOUTH 01 °10'21" EAST ALONG THE EAST LINE THEREOF, A DISTANCE OF 2644.91 FEET TO THE SOUTHEAST CORNER OF SAID NORTH HALF (N/2) OF SECTION EIGHTEEN (18); THENCE SOUTH 88044'27" WEST ALONG THE SOUTH LINE THEREOF, A DISTANCE OF 2647.03 FEET TO THE NORTHEASTERLY LINE OF BLOCK TWO (2), HONEY CREEK II AT BAILEY RANCH; THENCE NORTH 44001'24" WEST ALONG SAID NORTHEASTERLY LINE, A DISTANCE OF 265.54 FEET; THENCE NORTH 75059'05" WEST ALONG SAID NORTHEASTERLY LINE OF BLOCK TWO (2) AND THE NORTHEASTERLY LINE OF BLOCK THREE (3) OF SAID HONEY CREEK II AT BAILEY RANCH, A DISTANCE OF 356.72 FEET TO THE NORTHERLY LINE OF SAID BLOCK THREE (3) AND THE POINT OF BEGINNING; THENCE NORTH 75059'05" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 235.37 FEET; THENCE NORTH 88°26'49" WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 421.03 FEET TO THE NORTHWESTERLY LINE OF SAID BLOCK THREE (3); THENCE SOUTH 48002'02" WEST ALONG SAID NORTHWESTERLY LINE, A DISTANCE OF 487.55 FEET; THENCE SOUTH 75119'05" WEST, A DISTANCE OF 230.93 FEET TO THE SOUTH LINE OF GOVERNMENT LOT TWO (2) OF SAID SECTION EIGHTEEN (18); THENCE SOUTH 88044'27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 239.19 FEET TO THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SAID GOVERNMENT LOT TWO (2); THENCE NORTH 00058'06" WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW/4) OF GOVERNMENT LOT TWO (2), A DISTANCE OF 658.16 FEET TO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER (SW/4) OF SAID GOVERNMENT LOT TWO (2); THENCE NORTH 07005'47" EAST, A DISTANCE OF 665.54 FEET TO THE NORTH LINE OF SAID GOVERNMENT LOT TWO (2); THENCE NORTH 88°40'08" EAST ALONG SAID NORTH LINE, A DISTANCE OF 277.43 FEET; THENCE NORTH 27002'22" EAST, A DISTANCE OF 422.26 FEET; THENCE NORTH 79021'00" EAST, A DISTANCE OF 205.82 FEET; THENCE SOUTH 15013' 13" EAST, A DISTANCE OF 80.02 FEET; THENCE NORTH 74046'47" EAST, A DISTANCE OF 426.15 FEET; THENCE NORTH 62031'38" EAST, A DISTANCE OF 521.39 FEET; THENCE SOUTH 86054'04" EAST, A DISTANCE OF 127.11 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 300.00 FEET, A CHORD BEARING OF NORTH 12020'00" EAST, A CHORD DISTANCE OF 72.50 FEET, FOR A CURVE DISTANCE OF 72.67 FEET; THENCE NORTH 19016' 17" EAST, A DISTANCE OF 64.92 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 750.00 FEET, A CHORD BEARING OF NORTH 09005'51" EAST, A CHORD Ordinance 1226 Page 7 of 4 DISTANCE OF 265.01 FEET, FOR A CURVE DISTANCE OF 266.41 FEET; THENCE NORTH 01004'43" WEST, A DISTANCE OF 278.00 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER (NW/4) OF SAID SECTION EIGHTEEN (18); THENCE NORTH 88°35'38" EAST ALONG SAID NORTH LINE, A DISTANCE OF 100.00 FEET; THENCE SOUTH 01°04'43" EAST, A DISTANCE OF 146.91 FEET; THENCE SOUTH 21°25'01" WEST, A DISTANCE OF 130.68 FEET; THENCE SOUTH 01 004'43" WEST, A DISTANCE OF 10.93 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 800.00 FEET, A CHORD BEARING OF SOUTH 0900552" WEST, A CHORD DISTANCE OF 282.67 FEET, FOR A CURVE DISTANCE OF 284.16 FEET; THENCE SOUTH 19016' 17" WEST, A DISTANCE OF 64.92 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 250.00 FEET, A CHORD BEARING OF SOUTH 12033'47" WEST, A CHORD DISTANCE OF 58.43 FEET, FOR A CURVE DISTANCE OF 58.56 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 681.14 FEET, A CHORD BEARING OF SOUTH 11010151" EAST, A CHORD DISTANCE OF 266.46 FEET, FOR A CURVE DISTANCE OF 268.19 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 149.99 FEET, A CHORD BEARING OF SOUTH 31059'17" EAST, A CHORD DISTANCE OF 46.33 FEET, FOR A CURVE DISTANCE OF 46.52 FEET; THENCE SOUTH 40052'19" EAST, A DISTANCE OF 137.30 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 650.00 FEET, A CHORD BEARING OF SOUTH 32014'34" EAST, A CHORD DISTANCE OF 195.05 FEET, FOR A CURVE DISTANCE OF 195.79 FEET; THENCE SOUTH 16057'16" EAST, A DISTANCE OF 60.88 FEET; THENCE SOUTH 37031'26" EAST, A DISTANCE OF 48.91 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 199.98 FEET, A CHORD BEARING OF SOUTH 45014'24" EAST, A CHORD DISTANCE OF 53.70 FEET, FOR A CURVE DISTANCE OF 53.87 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 65.00 FEET, A CHORD BEARING OF SOUTH 04014'52" WEST, A CHORD DISTANCE OF 109.28 FEET, FOR A CURVE DISTANCE OF 129.79 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET, A CHORD BEARING OF SOUTH 34039'31" WEST, A CHORD DISTANCE OF 22.54 FEET, FOR A CURVE DISTANCE OF 23.38 FEET; THENCE SOUTH 07°51'55" WEST, A DISTANCE OF 110.93 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 555.00 FEET, A CHORD BEARING OF SOUTH 22051'44" WEST, A CHORD DISTANCE OF 287.23 FEET, FOR A CURVE DISTANCE OF 290.54 FEET; THENCE SOUTH 37051'33" WEST, A DISTANCE OF 239.63 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 380.00 FEET, A CHORD BEARING OF SOUTH 50018'43" WEST, A CHORD DISTANCE OF 163.88 FEET, FOR A CURVE DISTANCE OF 165.18 FEET; THENCE SOUTH 62045'53" WEST, A DISTANCE OF 204.40 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 220.00 FEET, A CHORD BEARING OF SOUTH 48035'00" WEST, A CHORD DISTANCE OF 107.80 FEET, FOR A CURVE DISTANCE OF 108.91 FEET; THENCE SOUTH 34024'07" WEST, A DISTANCE OF 22.06 FEET TO THE POINT OF BEGINNING. CONTAINING 2,897,398 SQUARE FEET OR 66.52 ACRES. The same is hereby rezoned from Residential Single Family Low Density (RS-1), Office (0), Agriculture (AG), Residential Multi -Family (RM), and Commercial Shopping (CS) to Residential Single -Family High Density (RS-3) with a PUD overlay (OPUD 24-01). SECTION 2. The Concept Plan and Statement of Intent outlined in the OPUD 24-01 document shall be followed for any development of the described property. The previous Planned Unit Development overlay, OPUD 06-04, governing the property is hereby abandoned and all development standards outlined in the OPUD 06-04 document are considered null and void on the subject property. SECTION 3. All ordinances or parts of ordinances, in conflict with this ordinance are hereby repealed to the extent of the conflict only. Ordinance 1226 Page 2 of 4 SECTION 4. 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 S. The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION 6. There shall be filed in the office of the County Clerk of Tulsa County, Oklahoma, a true and correct copy of this Ordinance and correct map. PASSED AND ADOPTED this I9th day of November, 2024. Alvin Fruga, Mayor ATTEST: Juliann M. Stevens, City Clerk (SEAL) Julie Lombardi, City Attorney Ordinance 1226 Page 3 of 4 r'46. ell t ;;ctAy�'� '�. Z 4'11-r � y�•- � @ , 4f. 1 95 Jam.n 0 .4 \l 0 . ifiv I F o r JF SUBJECT TRACT Is a 0 A i F V P t .. /lr lijlrf RTJL '.' ' y r �. I F{`� �� ' ,l r t9���: I�rti"'ti'7:,'-�� J� r� GC -?y,•, ��, � / / Fy .�t 4. .r i.�c. 4 :• w. n 3t'i � �'(b)n � � •�--I_1�( ,Z.�. 4i i'.y� 'Eyc pig a* ''f..-![ a Q i k T _,[Yj J'aw [ .+ �y t�j�' 4� V. - a i�vO C �� JH r ��,. .'(lji,`/I Ji ��nlc..'��y, y TMI•�aW' 11�li; ,�1 =1 ;; N Note: rely align overlays may 0 125 250 500 not precisely on with physical ®Subject OPUD 24-01 1 t 1 i I 18 21-14 zh features on the Date: Tract Aerial Photo Date: 2023 Feet n0 0103 0.05 0.11 0.16 0.22 Surrounding Zoning $UbjECY Tract /� Mile. OPUD 24-01/OZ 24-04 00 ow Pi I' ♦ "ate' ik x EJ J1 f7 IV f_ E3do Land Use Categories � � � Parks/Recreation / aft r r Public/Institutional Residential I /+ a , . �� y� Transitional `i �� a r/w� _ ��� Neighborhood Mixed **✓ R `t i ,1A ' ELM Redbud District > `'' s •i Neighborhood Commercial 3•a [� © commercial Industrial/Regional Employment i �? ®US-169 Overlay 0 0.03 0.05 0.11 016 0.22 GrOwasso 2035 Land Use Master Plan Subject N Mile. OPUD 24-01/OZ 24-04 A 013aaey vatagi OPUD #24-01 Prepared September 26, 2024 Location Part of the Northwest Quarter (NW/4) of Section Eighteen (18), Township Twenty -One (21) North, Range Fourteen (14) East of the Indian Base and Meridian, Tulsa County, State of Oklahoma. This PUD contains 66.52 +1- Acres. Owner Bailey Village Development LLC 1420 W. Kenosha Ave. Broken Arrow, OK 74012 Prepared By: AAB Engineering, LLC eering•Surveying•Land Planning PO Box 2136 Sand Springs, OK 74063 ORce:(918)514-4283 Fax:(918)5144288 Development Concept Bailey Village is a 66-acre residential community located south of 10611 Street North between Mingo Road and Garnett Road. The tract sites adjacent to Ranch Creek Tributary B west of Bailey Medical Center. The property is currently zoned a combination of RS-1, CS, AG, O and RM under OPUD-06-04. This PUD is being filed in conjunction with a rezoning request for the base zoning of RS-3 as well as a request to abandon PUD-06-04 on this parcel. The GrOwasso 2035 Land Use Master Plan designates this area as Residential, Transitional, and Commercial which supports the proposed RS-3 zoning. The proposed project largely conforms to RS-3 development standards but allows a 60' lotwidth. This Planned Unit Development sets out the development guidelines for the project and summarizes the amenities proposed. The project is bounded on the South by Honey Creek II at Bailey Ranch which is a residential subdivision comprised of 65'-70' width lots that is zoned RS3/PUD-01-02. It is bound on the west and north by FEMA Floodplain and the east by undeveloped land zoned O/PUD-06-04. The project proposes to extend the collector street that terminates at the northern boundary of Honey Creek II through to 10611 Street North which will serve as a buffer between the office uses to the east and this project. The proposed development conforms to the development patterns within this area as well as the GrOwasso 2035 Land Use Plan. The development will largely conform to the development standards of RS-3 zoning with the sole exception of allowed lot width. This PUD proposes the reduction in minimum width from 65' to 60' to allow a slightly denser development that conforms to the natural drainage and topography of the site and still financially supports the significant amenity package proposed. The PUD does not propose a reduction in minimum lot area or setbacks nor an increase in the allowed dwelling units per acre. This PUD also limits the total allowable lots to ensure the quality, character, and density proposed by the PUD will be maintained through development. tsaneyPlana d Unit � Page 1 Planned Unit Development 24-01 Owasso, OK Development Standards Lots shall conform to the development standards of the RS-3 zoning as established in the C@y of Owasso Zoning code chapter 4 as it exists on the date of approval of this PUD, except as hereinafter modified: Permitted uses: Gross Land Area Maximum number of dwelling units Dwelling Units per Acre Minimum Lot Width Minimum lot size Minimum front yard Minimum side yard Minimum rear yard Open Space Reserve Areas 'A' Single Family Detached Dwellings 66.53 acres 185 (412 by Code Gross Lot Area) 3.6 du/ac(6.2 DU/AC by Code) 60 feet (65 feet by Code) 7,000 square feet (7,000 square feet by Code) 25 feet (25 feet by Code) 5/5 feet (5/5 feet by Code) 20 feet (20 feet by Code) 17.31 acres 26% (20% by Code) Reserve Areas 'A" shall be established by the owner for the construction of a stormwater detention facility and open space park with walking trails. Such park shall be for the sole use and enjoyment of the lot owners with the development and their invitees. All structures or improvements related to the detention function of the facility shall be constructed according to City of Owasso standards. Reserve Area 'A' shall be conveyed to the Homeowner's Association which shall be responsible for the maintenance of all improvements contained within that reserve. Reserve will specifically authorize park trails to allow a public trail as recommended in the Regional Bicycle/Pedestrian Master Plan. Reserve Areas `B' Reserve Area 'B' shall be established by the owner for the construction of open space park, swimming pool or splash pad, and Public Gathering amenities. Such area shall be for the sole use and enjoyment of the lot owners with the development and their invitees. Reserve Area 'B' shall be conveyed to the Homeowner's Association which shall be responsible for the maintenance of all improvements contained within that reserve. Access and Circulation The development proposes the extension of 102nd East Avenue to 10611 Street North as a residential collector. The extension will include a small roundabout to create for traffic calming and to serve as a future intersection point with the easterly extension of 1031 Street North. All streets within the development will be public streets conforming to the design standards of the City of Owasso. The street configuration will largely conform to the layout as shown on the attached conceptual site plan and preliminary plat. The primary entry to the subdivision will be derived from 1061h Street North with Limits of Bailey Village Page 12 Planned Unit Development 24-01 Owasso, OK No Access (LNA) being imposed along the portions of N 1051h E Ave north of the proposed roundabout. A minimum of two access points will be provided to the proposed collector. Sidewalks shall be constructed by the developer along all those portions of the collector street that do not include a lot frontage and all Reserve areas adjacent to streets. All other sidewalks shall be constructed by the individual lot owners at the time of home construction. Sidewalks shall be a minimum of five (5) feet in width, shall be ADA compliant, and shall be approved by the City of Owasso Public Works Department. Amenities The development will contain amenities as outlined in section 9.2.12 of the City of Owasso Zoning Code. The development will include a stocked fishing pond surrounded by open space parks containing walking/hiking trails. The Reserve Areas previously discussed will also include community playing fields or a disc golf course. The developer also proposes the construction of community swimming pool or spray ground along with a Pavilion or Clubhouse. There will be a minimum of 5 parking spaces for "day use areas" per Chapter 12 of the Owasso Zoning Code. The details of the final amenity package will be submitted along with the final plat. All amenities and Reserves will be maintained by the developer until such time as the subdivision is turned over to the Home Owner's Association. Architectural Requirements and Screening/Fencing Standards All building facades shall be comprised of 70% masonry to first floor top plate. This requirement can be met through any combination of natural stone, brick, block, stone veneer, or Hardie board. This requirement does not need to be met on any particular fagade and maybe omitted entirely from any fagade provided the aggregate requirement is met. Interior fencing and/or walls shall not extend beyond that point nearest the street at each end corner of the residence. Fencing along NJ 051h East Avenue shall be 6' feet in height and consist of wood, masonry or wrought iron material or combination thereof. All fencing and screening walls shall comply with Chapter 19 of the Owasso Zoning Code. All entry signage will be monument -style and no taller than 6 feet. All entry features will be contained within a Fence Easement or Reserve designated on the final plat. Requirement to Plat No building permit shall be issued until a plat containing restrictive covenants memorializing the above development standards is prepared and filed in accordance with the City of Owasso Subdivision Regulations. Schedule of Development Development construction is expected to begin in winter of 2024 Bailey Village � Page 3 Planned Unit Development 24-01 Owasso, OK Exhibit B Surrounding Areas a-14-e for �W vsr loam smecr NON.x _.`. "M Bail 1 eij i V�11 age = 3� Y �NORM N. se\Q' ioe�n Eiorz®Fp 1 I e� e iamN smeeTxoRm . 3 P 16iRO5l N. 3O pg P s V f [ x��e j+ AAB Engineering, LLC A Ali a \ po• En9ineerin g•Surve i e ing•Land Planning _ �1\\ pK\K grce piela�e+ a +xee Exhibit o Conceptual Development_ for Bail tj Vi aAe q^ggq`qqq^\ ,\ 5 �le Engineenng-SuNeying-Land Planning . M— T PH Exhibit E uExisting Topo & Aerial n-iae JI:X YryU\W✓ for o�5 awsr+osmamrsrxwrtx =— BaileLj Village usLMATI uocnrlou�nua NIMP LEGEND It ' .. \e II �4 1� 11 y P �.`. .......... /! 4 `__. AAB Engineering. LLC Planning Engineering.® urvyw ngtl � egannd uw5 +, 9I4 OMli' a4 P+IIS+MID ry p+el5+r,iee 5 Exhibit F Soil Types for Bailelj Village i R-ILE SOIL RATINGS ® .aasawune.nsi ® xaauwmmm rxaawnowcoxrsExxn exzwuar a.r�exiie� ® suwa�asnxiu� ® AAB Engineering, LLC Engineenng•Surveyingdanc Planning Exhibit F Conceptual Improvement Plan a£ A'x for Bailely Village' - eavip61119@FET NgAH LOCATION MAP -Vh awbu'o w.a��E ' -ems rwwvnatad avu —ss .wweao.a.,...aeren 99- wervaaweaer YxEp + '1 z l Y.: i `s tl _ F AAB Engineering, LLC 3 i F —Cr and Planning 5 �9(I OWl• qM •,e1a,MMl p,g5wve TO: The Honorable Mayor and City Council FROM: Jason Woodruff, Deputy Chief of Police SUBJECT: Owasso Police Department Rifle Range Turning Target System DATE: November 15, 2024 BACKGROUND: In 2004, the Owasso Police firearms range was closed due to safety issues. For several years following the closure, the department borrowed range facilities from various police departments. Beginning in 2008, the department began leasing a range from a private range facility. The lease agreement spanned several years and exceeded $40,000.00 per year for the lease. In 2011, the decision was made to invest in a new firearms range at the location that was closed in 2004. To date, the portions of the range that would be considered completed are the concrete walkways, pistol range observation tower, shoot house, multi -purpose building, and the turning target system on the pistol range. In addition, three metal coverings have been installed on the range to protect the staff from inclement weather and over exposure to the sun. NEXT STEP: The next step in the project is the installation of an automated turning target and moving target systems on the rifle range. The rifle range turning target system allows for targets on the multiple shooting lanes to turn or blade away from the shooters at the end of the allotted time, thus simulating the time constraints and pressures often placed on officers when making decisions during an actual use of force situation. The systems will integrate with the current turning target system on the pistol range. The system on the rifle range can be remotely operated from the 200-yard line and will not require an additional air compressor. The targets on the rifle range can operate independently of the targets on the pistol range, allowing staff to conduct firearms training on both ranges at the some time. Similarly, a moving or 'running target' moves horizontally on a steel track, allowing for training scenarios which more accurately simulate uses of force against a moving target. Staff has conducted extensive research into the types of target systems that will meet the needs of the department and created bid specifications accordingly. BID ADVERTISEMENT: The advertisement for bids was published on October 2, 2024. The bid opening was held on October 21, 2024, at City Hall. Five (5) vendors submitted a bid for the project. The base bid is the acquisition and installation of the primary thirteen (13) station turning target system. Alternate # 1 is for the installation of higher -grade air lines for a pneumatic system (if applicable). Alternate #2 reflects a credit towards the project if City staff performs a portion of the labor during the installation process. As part of Alternate #2, one (1) range staff member will assist with the installation of the target system, which will reduce initial costs as well as provide the staff members with the opportunity to achieve a better working knowledge of the system for future maintenance and repair. PD Turning Target System Page 2 The bid results, which included the base bid and two (2) alternates, are summarized below: Vendor Base Bid ALT #1 ALT #2 Total Theissen Training System $114,890.00 N/A -$9,120.00 $105,770.00 Range Systems $59,685.00 $700.00 -$2,000.00 $58,385.00 Inveris Training Solutions $108,000.00 N/A -$9,900.00 $98,100.00 Inveris Training Solutions (DC System) $126,400.00 N/A -$9,900.00 $116,500.00 Spire Ranges $105,643.00 N/A -$3,223.00 $102,420.00 Action Targets $99,686.00 N/A -$11,026.00 $88,660.00 FUNDING: Funding for this project is available in the FY 2024-2025 Police Department Budget. RECOMMENDATION: Staff recommends awarding the base bid and alternates #1 and #2 to Range Systems of New Hope, Minnesota, in the amount of $58,385.00, and authorization to execute all necessary documents. ATTACHMENT: Range Systems Bid Submittal SPECIFICATIONS FOR BID AND DELIVERY These specifications define the functional and performance characteristics of the Owasso Police Department Rifle Range Automated Turning Target System for the City of Owasso Police Department Firearms Training Facility. I. SCOPE OF WORK Drawings and general provisions of the Contract, including General and Supplementary Conditions and Specification Sections, apply to all Sections. These specifications define the functional and performance characteristics of the Owasso Police Department Rifle Range Automated Turning Target System for the City of Owasso Police Department Firearms Training Facility. The Owasso Police Department Rifle Range Automated Turning Target System will include turning targets for 13 shooting lanes operated by compressed air, as well as two (2) individual lateral running targets, Alternate Bid #1 for Upgraded Heavier Duty air lines, and Alternate #2 to deduct installation costs. Provide complete review of contract documents for conflicts and coordination requirements. All discrepancies shall be identified prior to award of contract. If contractor fails to notify. all costs incurred to correct or modify structures based on the requirements shall be the responsibility of the contractor. Comply —4 Not Comply Alternative Notes: ! �L fi/ L )&V)e&-eO —f- &x,00rJ7BeA0. /t/6 *,V// ffiorll r r.![ �Gifidd�e DiEtwi.�J'l//Jzor'rvt,�inc. �aCroe»• 11 RIFLE RANGE (200 YARDS LONG, 65 FEET WIDE) A. (13) Power -90's Automated or Comparable turning target bases a. Powerful turning targets capable of 90 degree turning b. Targets can turn simultaneously or individually C. Wireless tablet control with laptop master capable of turning targets up to 600 meters away d. HD All -steel, galvanized target holder with 2" stave pockets for targets to be held with metal binder clips e. Quote not to include conduit or pull stations, already installed f. No knee wall to protect turning target components needed. Pit with concrete pad to protect and mount target bases provided g. Quote not to include I10V electric, will be installed by city Page 7 of 14 B. Lateral Running Man Target a. Includes (2) individual lateral runners 50' in Iength b. Speeds from 5fps-20fps C. Ground mounted system requires protection from shooter (In place) d. Wireless tablet control through app C. Alternate Bid #1 Upgraded Airline a. Heavier Duty than standard b. Upgraded quality of material Comply Not Comply Alternative _ Notes: fAf2 r�il1 54ppct,c/r trace 71a SAt"9' M. INSTALLATION AND DELIVERY COST FOR AUTOMATED TURNING TARGET SYSTEM A. Bid for installation and delivery of rifle range turning target system by vendor B. Installation of entire system shall take no more than 14 calendar days C. Alternate Bid #2 - include discounted pricing for "Supervised Installation of System" using one Owasso Police Department personnel to provide labor for installation of automated target system Comply —X— Not Comply Alternative Notes: n.l ft... 0 v-oX l als 4 4 Area J zu tle u ASljilx 402r 4ftkucgcrj �Lo &er,.pIv -c -tc tce7.a.ct-.v-koN. IV. WARRANTY A. Warrant the system to be free from defects in material and workmanship for a period of not less than one (1) year after the final system acceptance date. Provide a replacement part for any part that fails in normal use. The supplier will provide a toll -free customer service telephone number that can be used by the Owner 24 hours per day, 7 days per week to contact the vendors customer service department. Comply _x Not Comply Alternative _ Page 8 of 14 V. COMPABILITY WITH CURRENT TURNING TARGET SYSTEM A. Target system must be compatible with current ATS Flex 90 pneumatic target system located on Owasso Police Department's pistol range. B. Rifle range target system must operate independently of the pistol range target system a. 5 horse power, 3 phase power,175 psi Max Pressure, Voltage:208-230/460 Air compressor in place to operate both target systems Comply Not Comply Alternative _ Notes: n / �xa�iy i4-S Y�sJeL 12a�ga. Zh�,�pnw�'� Jl�O p A*w V - ..c �o ppr u t, Se.n Less -� yRIvJY�ittM -Crar• crre Ixtw -fie -�ee t�-(%av VI. ADDITIONAL NOTES A. All construction employees shall remain within the immediate area of the work site and parking lot for safety at the Owasso Police Department Firearms Training Center Comply Not Comply Alternative Notes: B. All work vehicles shall remain parked on the Owasso Police Department Firearms Training Center asphalt parking lot. Only vehicles allowed to travel off the parking lot are those necessary for completion of the taming target system, such as concrete trucks, unload and load equipment, etc. Any nits or damage to the ground will be the responsibility of the contractor to repair. Comply _)<_ Not Comply Alternative Notes: Page 9 of 14 C. Bid must include all material, labor, haul off, and clean-up of entire work site area. Comply -)L Not Comply Alternative Notes: US$ ttt,Svr p.nvIVOv b:1 !Jtsv,ir k?erSouweL -ILr- W je--N,* -4a ISebk64tr;N . A All materials for this project will be commercial industry standard grade. Comply 7X— Not Comply Alternative Notes: E. Pre -Construction Meeting to be held Coordinate exact of target stand bases with owner prior to commencing any work. Comply -k Not Comply Alternative Notes: We wr J/ Sri bn, i4 A-Awl"J -A Vol-# -ci Page 10 of 14 BID PROPOSAL -SUBMITTAL PAGE Owasso Police Department Firearms Range Automated Turning Target System TOTAL BASE BID: $ S-1 , 409?L57, 00 ALTERNATE #1 BID (Upgraded Air Lines): $ 700 eo ALTERNATE #2 DEDUCTION for supervised installation: $ ESTIMATED DELIVERY DATE: (o— 7 laeg& 4PIVE- Pv vrljase Dr0&r•. I hereby acknowledge that I have read the requirements and specifications and that I am legally bound by the statements in those specifications and on this Bid Proposal - Submittal Page. Name of Manufacturer: TZA-►Job S Name of Vendor/Bidder: D a-ViF `%+s9 GZ- Y k- E-mail of Vendor/Bidder Point of Contact: c�S��9s9��Ma�L.cvm �da.Ve ® ra 01e --- .5y S L. rvrf • L7 Printed Name of Person Authorized to Sign:. -,Dr4V E To m e z li /L Signature: Title: -rra L erg _ _ (T) I%v "Lo(- Vendor/Bidder's Address: - t I J 1 AI A!� le- Vendor/Bidders Phone Number: 3717 Page 11 of 14 NON -COLLUSION BID AFFIDAVIT A. For the purpose of competitive bids, I certify: 1. I am the duly authorized agent of h-SLIE 't'tS the bidder submitting the competitive bid which is attached to this statem t, for the purpose of certifying the facts pertaining to the existence of collusion among bidders and between bidders and state officials or employees, as well as facts pertaining to the giving or offering of things of value to government personnel in return for special consideration in the letting of any contract pursuant to the bid to which this statement is attached; 2. 1 am fully aware of the fads and circumstances surrounding the making of the bid to which this statement is attached and have been personally and directly involved in the proceedings leading to the submission of such bid; and 3. Neither the bidder nor anyone subject to the bidder's direction or control has been a party: a. to any collusion among bidders in restraint of freedom of competition by agreement to bid at a fixed price or to refrain from bidding, b. to any collusion with any state/municipal official or employee as to quantity, quality or price in the prospective contract, or as to any other terms of such prospective contract, c. in any discussion between bidders and any state official concerning exchange of money or other thing of value for special consideration in the lettering of a contract, nor d. to any collusion with any state agency or political subdivision official or employee as to create a sole -source acquisition in contradiction to Section 85.45j.I of Title 74 B. 1 certify, if awarded the contract, whether competitively bid or not, neither the contractor nor anyone subject to the contractor's direction or control has paid, given or donated or agreed to pay, give or donate 10 any officer or employee of the State of Oklahoma or the City of Owasso any money or other thing of value, either directly or indirectly, in procuring fhe contract to which this statement is attached. STATE OF W 1At"JcJ-J'i'- COUNTYOF L+2umme Nv)v -tm C-Z-t,IC- , being first duly sworn, on oath says that I am the agent authorized by the bidder to su it the -Collusion Affidavit and attached bid. Signa Subscribed and swo before me th s day of p c�)be y- Notary Public Commission#I� (O 7-Z SAMANTHAKTHIELE Expiration: t' l - 20 L f ' t'' Notary Public Ex Minnesota MY Commission Expires Jan 31, 2029 Page 12 of 14 REw Rnq, � nu, cvr.av � veu,nnmunF TO: The Honorable Mayor and City Council FROM: Larry Langford, Director of Recreation and Culture SUBJECT: Centennial Park Playground Project DATE: November 15, 2024 BACKGROUND: City staff annually assess the parks for safety concerns, needed improvements and possible renovations. It was discovered that the equipment in Playground # 1 had internal corrosion and deterioration causing the structure to be deemed unsafe, resulting in complete removal. Before removal, Centennial Park had two small playground areas. Playground #1 was located in the western portion of the park and Playground #2 is located in the northeastern part of the park. Both areas are dated with sand/woodchip base, no security fence, no seating areas, and not to the standard of other City park playground areas. Additionally, the current Centennial Park parking lot needs renovation and expansion. The area in which Playground # 1 previously occupied could serve well for expansion. NEW PLAYGROUND: Staff identified a project with three objectives: replace Playground #1, update Playground #2, and maximize the available area for a parking lot expansion. To achieve all objectives, staff proposes replacing the two small playground areas with one larger, updated playground and locating it where Playground #2 currently exists. This leaves Playground #1 area available for future parking lot expansion. The playground equipment will include two age -appropriate play structures, various play features, an elevated catwalk bridge, three slides, one 3-bay swing -set, pour -in -place surfacing, security fence, shade structures, and seating areas. BID PROCESS: Advertisements for bids were published on October 7, 2024, and October 14, 2024, Bids were opened publicly on November 1, 2024, with six (6) bids received. Staff requested vendors include a contingency of $15,000.00, along with their lump sum bid. The total bid amounts, including the contingency, are summarized below: VENDOR BID The Playwell Group 425,689.41 Magnum Construction Inc. $397,000.00 ABcreative,Incorporated $474,808.61 Tektone Builders, LLC $440,145.00 Voy Construction, LLC $509,925.00 Builders Unlimited Inc. $498,407.00 Centennial Park Playground Page 2 BID ANALYSIS: Staff examined the submitted bid packages for any improper or unbalanced bids. Upon review, staff found the lowest bid from Magnum Construction Inc. met all specifications. Staff has worked with Magnum Construction Inc. in previous projects and experienced quality work, integrity, and dependability. FUNDING: Funding is available in the FY 2024 Recreation and Culture budget. RECOMMENDATION: Staff recommends awarding the bid for the Centennial Park Playground Project to Magnum Construction Inc., of Broken Arrow, Oklahoma, in the amount of $397,000.00 and authorization to execute all necessary documents. TO: The Honorable Mayor and City Council FROM: Roger Stevens, Senior Director of Operations SUBJECT: 2025 Street Rehabilitation Program Proposed Project Listing DATE: November 15, 2024 BACKGROUND: Annually, street rehabilitation sites are evaluated and selected based on a comprehensive assessment of roadway conditions. The selection process is aimed at maximizing the taxpayer's return on investment by increasing roadway lifecycle and minimizing future maintenance costs while enhancing overall roadway driving conditions and public safety. PRIORITY STREET REPAIRS/MAINTENANCE IDENTIFIED: In August 2024, the Public Works staff completed an update to the City's street inventory. The data collected for the model was adjusted to reflect changes in segment conditions and a new priority listing was generated. A map depicting the location of the proposed priority sites is attached for the City Council's consideration. The estimated cost for the base project is $1,959,800. In addition, staff has included three alternate projects, estimated at $273,400, in order to maximize funding should the base bids submitted be less than estimated. PROJECT FUNDING: Funding for this project of $1,200,000 is available in the Capital Improvements Fund. In addition, the Half -Penny Sales Tax Fund (Streets) has $800,000 allocated for this program, for a total of $2,000,000. RECOMMENDATION: Staff recommends approval of the following 2025 Street Rehabilitation Program priority sites: Base Projects: Mill/Overlay: E 1 16th St N/N Memorial to N Mingo W Broadway, Atlanta to Main St 5th Ave, Fleet Maintenance to US Hwy 169 Service Road W I st St, Atlanta to Main St W 2nd St, Atlanta to Main St W 3rd St, Atlanta to Main St ATTACHMENT: Recommended 2025 Project Sites Alternate Projects: Preventative Maintenance: Lakes @ Bailey Ranch Park Place @ Preston Lakes Camelot 2025 STREET REHABILITATION PROGRAM PROPOSED PROJECT LISTING Location Base Project Rehabilitation Projects Cost OCI E. 1 l 6th Str N., N. Memorial to N. Mingo $650,000 65 W Broadway, Atlanta to Main St $250,000 48 5th Ave, Support Services to US Hwy 169 Service Road $500,000 75 W 1 st St, Atlanta to Main St $192,700 49 W 2nd St, Atlanta to Main St $192,700 49 W 3rd St, Atlanta to Main St $174,400 49 $1,959,800 Alternates Preventative Maintenance Projects: Lakes @ Bailey Ranch Subdivision - Rejuvenation with HA5 $137,400 83 Park Place @ Preston Lakes - Rejuvenation with HA5 $ 54,000 90 Camelot - Rejuvenation with HAS $ 82 000 85 $273,400 sd Pewtvvap.nFwl[tiravier•PGLCemmuvb TO: The Honorable Mayor and City Council FROM: Carly Novozinsky, Finance Director SUBJECT: Approval of Owasso Public Works Authority (OPWA) Indebtedness DATE: November 15, 2024 BACKGROUND: At the OPWA meeting of November 18, 2024, the Trustees will consider a Development and Financing Agreement with Robinson Business Park, LLC, for the development of a project in the Owasso Redbud Tax Increment Financing (TIF) District, Increment District No. 1. If approved, the obligation for the payments would extend into future fiscal years, making the agreement a debt of the OPWA. In Oklahoma, any indebtedness or obligation of a public trust requires the approval of two-thirds (2/3) of the membership of the governing body of the beneficiary (60 O.S. 176). Therefore, any debt of the OPWA requires the approval of four members of the City Council. RECOMMENDATION: Contingent upon OPWA approval of the Development and Financing Agreement, Staff recommends approval of the indebtedness of the OPWA as outlined in the Development and Financing Agreement with Robinson Business Park, LLC. ATTACHMENT: See the memorandum for agenda item #5 of the November 19, 2024, Owasso Public Works Authority meeting. CITY OF OWASSO PAYROLL PAYMENT REPORT PAY PERIOD ENDING 11/02/2024 Department Total Payroll Expenses Municipal Court $ 10,912.90 Managerial 34,967.41 Finance 34,475.31 Human Resources 19,812.51 Community Development 37,915.31 Engineering 31,615.76 Information Technology 34,938.28 Facility Maintenance 18,425.52 Cemetery 2,622.34 Dispatch 6,232.95 Animal Control 9,939.41 Emergency Preparedness 4,600.40 Stormwater 12,837.85 Parks 24,935.15 Recreation & Culture 14,616.96 Community Center 11,129.01' Historical Museum 1,056.51 Economic Development 2,075.30 Strong Neighborhoods $ 581.99 General Fund Total 313,690.87` Ambulance Fund 779.03 E911 Communications Fund 47,951.15 Economic Development 2,075.33 Strong Neighborhoods 7,042.18 Stormwater Fund 10,971.87 Half Penny - Fire 401,527.49 Half Penny - Police 419,629.42 Half Penny - Police Grants 4,689.48 Half Penny - Streets 43,610.13 Vehicle Maintenance 18,691.65 Workers Comp 4,182.68 CITY OF OWASSO HEALTHCARE SELF INSURANCE FUND CLAIMS PAID PER AUTHORIZATION OF ORDINANCE #789 AS OF 10/31 VENDOR DESCRIPTION AMOUNT AETNA HEALTHCARE MEDICAL SERVICE 8,507.36 HEALTHCARE MEDICAL SERVICE 41,822.10 HEALTHCARE MEDICAL SERVICE 150,565.75 HEALTHCARE MEDICAL SERVICE 70,374,29 HEALTHCARE MEDICAL SERVICE 113,669.04 HEALTHCARE MEDICAL SERVICE 32,223.08 HEALTHCARE MEDICAL SERVICE 119,766.24 HEALTHCARE MEDICAL SERVICE 161,884.81 ADMIN FEES 1,739.10 STOP LOSS 77,664.48 HEALTHCARE DEPT TOTAL 778,216.25 DELTA DENTAL DENTAL MEDICAL SERVICE 7,542.37 DENTAL MEDICAL SERVICE 10,364.60 DENTAL MEDICAL SERVICE 5,690.86 DENTAL MEDICAL SERVICE 8,027.80 ADMIN FEES 3,444.65 DENTAL DEPT TOTAL 35,070.28 VSP VISION MEDICAL SERVICES 214.34 VISION MEDICAL SERVICES 4,756.66 ADMIN FEES 84.69 ADMIN FEES 1,463.27 VISION DEPT TOTAL 6,518.98 HEALTHCARE SELF INSURANCE FUND TOTAL 819,805.49 CITY OF OWASSO GENERAL FUND & HALF -PENNY SALES TAX FISCAL YEAR 2024-2025 Budgetary Basis Statement of Revenues & Expenditures As of October 31, 2024 MONTH YEAR PERCENT TO -DATE TO -DATE BUDGET OF BUDGET REVENUES: Taxes $ 3,926,180 $ 15,796,779 $ 45,856,117 34.45% Licenses & permits 17,091 104,572 253,302 41.28% Intergovernmental 84,813 359,502 1,087,686 33.05% Charges for services 78,117 263,938 780,608 33.81% Fines & forfeits 36,467 136,686 311,899 43.82% Other 953 152,953 158,272 96.64% Interest 35,287 145,242 395,074 36.76% TOTAL REVENUES $ 4,178,908 $ 16,959,672 $ 48,842,957 34.72% EXPENDITURES: Personal services $ (2,182,322) $ (9,530,755) $ (30,241,901) 31.52% Materials & supplies (217,237) (608,665) (2,306,974) 26.38% Other services (351,602) (1,474,716) (5,260,558) 28.03% Capital outlay (145,496) (1,383,768) (8,427,039) 16.42% TOTAL EXPENDITURES $ (2,896,656) $ (12,997,904) $ (46,236,471) 28.11% REVENUES OVER EXPENDITURES $ 1,282,252 $ 3,961,768 $ 2,606,486 TRANSFERS IN (OUT): Transfers in $ 1,990,510 $ 8,046,371 $ 23,233,643 34.63% Transfers out (3,120,983) (12,610,435) (36,613,857) 34.44% TOTAL TRANSFERS $ (1,130,473) $ (4,564,064) $ (13,380,214) 34.11% NET INCOME (LOSS) $ 551,779 $ (602,296) $ (10,773,728) ENCUMBRANCES OUTSTANDING $ (2,525,357) FUND BALANCE (Budgetary Basis) Beginning Balance 30,873,613 30,873,613 Ending Balance $ 27,745,960 $ 20,099,885 Q:\Finance (120)\Accounting\Reports\Current FY\GF Financials SECTION 00600 CHANGE ORDER PROJECT: 2023-2024 Street Rehabilitation Project CONTRACT DATE: October 15, 2024 TO CONTRACTOR: Grade Line Construction LLC CHANGE ORDER #1 DATE: November 5, 2024 CONTRACT FOR: 23-24 Street Rehab Project The Contract is changed as follows: Two changes; Change one= Adds a pay item for aggregate fabric to be installed on the rebuild section of the project. Fabric estimated at 8,303 sq yards @ $2.25 per yd= $18,681.75. Second change =changes the pipe size in pay item 26 from 48" equivalent to 42" equivalent with a reduction from $425 per LF to $410 per LF, resulting in a cost reduction of $600.00. No change to the contract amount. Cost of fabric will be deducted from project allowance and cost reduction will be added to the allowance. Allowance will now be $131,918.25. Not valid until signed by the Owner and Contractor The original Contract Sum was $ 1,790,862.30 Net change by previously authorized Change Orders $ $O The Contract Sum prior to this Change Order was $ 1,790,862.30 The Contract Sum will be (increased) (decreased) (unchanged) by this Change Order in the estimated amount of $ o The new Contract Sum including this Change Order will be $ 1,790,86230 The Contract Time will be (increased) (decreased) (unchanged) by (_O__) days. The date of Substantial Completion as of the date of this Change Order therefore is June 30, 2025. NOTE: This summary does not reflect changes in the Contract Sum Time which have been authorized by Construction Change Directive. t Grade Line Construction, LLC CONTRACTOR O 200 South Main PO Box 450 ADDRESS ADDRESS Owasso Ok 74055 Cleveland, OK 74020 DATE 11/12/2024 f-M DATE 11/07/2024 SPECIAL PROVISIONS 0509 00900 - Page l of 4